HomeMy Public PortalAboutORD14879 BILL NO. 2011-95
SPONSORED BY COUNCILMAN Harvey
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INFORMATION
TECHNOLOGIES, INC (ITI) FOR SOFTWARE UPGRADES/MODIFICATIONS FOR
THE CENTRAL MISSOURI REGIONAL JUSTICE INFORMATION SYSTEM.
WHEREAS, Information Technologies, Inc., has become the apparent lowest and best
offer for software upgrades and modification 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 Information Technologies, Inc., 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 Information Technologies, Inc., for software upgrades and
modifications.
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: �1 f �, /� Approved:
Presiding Olficcr Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Interim City Counselor
CITY OF JEFFERSON
FOR
SOFTWARE UPGRADE
THIS AGREEMENT made and entered this 31 7 day ofNovember,2011,by and between the City of Jefferson,
a Municipal Corporation,hereinafter referred to as"City,"and Information Technologies,Inc.,hereinafter referred
to as"Contractor."
WHEREAS,the City is desirous of Enterprise Framework,Interface,NCIC MO MULES,licenses,project
management, software installation and support.
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:
1. Scope of Services.
Purchase and installation of software upgrades,Enterprise Framework,Interface,NCIC MC MALES,
licenses, project management, software installation and support, as more specifically set out in the
Quotations Q20118217,Q20118218,Q20118219,Q20118220,Q20118221,and Q20118222 Software
Upgrades and made a part of this agreement.
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 the installation of the ITI software at the Agency site,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)working 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. 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 $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.
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D. 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(e)hereof and in like amounts.
E. 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.
4. Contractor's Responsibilitv 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.
5. Liguidated Damages.
The City may deduct One Hundred Dollars($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. This shall not include delays caused by the
participating agencies with regard to installation and configuration of the software, or delays by the
participating agencies of the Missouri State Highway Patrol in providing connectivity and access to the
Missouri Uniform Law Enforcement System (MULES).
6. 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 orremedies 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 perforn any
provisions of the contract.
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7. Indemnity.
To the fullest extent pernutted by law,both parties,the Contractor and the City,will indenulify and
hold harmless the other party, 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.
S. 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.
9. 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.
10, Payment.
The City hereby agrees to pay Contractor the wort: done pursuant to this contract according to the
payment schedule set forth in the Contract Documents,and in accordance with the rates and/or amounts
stated in the Quotations dated July 18, 2011, 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 Ninety-Five Thousand, Two Hundred
Ninety—Seven Dollars($95,297.00).
11. Contract Documents.
The contract documents shall consist of the following:
a. This Contract
b. Addenda
C. Information for Proposals
d. Contractor quotations
e. 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.
12. Preference for U.S.Manufactured Goods.
On purchases in excess of$5,000, the City requests the contractor to use American products in the
performance of the contract.
13. 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,
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against any employee of Contractor or applicant for employment and shall include a similar provision in
all subcontracts let or awarded hereunder.
14. 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 shaII 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.
I5. 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,65 10 1,and Contractor at Information Technologies,Inc., 10430
Baur Boulevard, St. Louis,Missouri, 63132. The date of delivery of any notice shall be the second full
day after the day of its mailing.
M. AssilInment 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.
17. 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 INFORMATION TECHNOLOGIES, INC.
Mayor Presi ent
ATTEST: ATTEST:
City Clerk Title:
APPR VED AS TO FORM:
=fnierim City Counselor
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FTA CLAUSES
Federal Funds To be Used
The City of Jefferson is a recipient of Federal Transit Administration funds; therefore, the fallowing
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 m 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 seq. 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.
(3)The Contractor agrees to include the above two clauses in each subcontract financed in whale 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.Wbere 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(I), the Contractor agrees to provide the Purchaser, the FTA
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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)],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$100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education,a hospital or other non-profit organization and is
the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.49, Contractor agrees
to provide the Purchaser,FTA Administrator, the Comptroller Genera] of the United States or any of their duly
authorized representatives with access to any books, documents,papers and record of the Contractor which are
directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.
4.Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
U.S.C.5325(a)enters into a contract for a capital project orimprovement(defined at 49 U.S.C.5302(x)])through
other than competitive bidding,the Contractor shall make available records related to the contract to the Purchaser,
the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them
for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract,in which case Contractor agrees
to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
Reference 49 CFR 1$.39(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 PTA, 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:
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(I) 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 Orrin, 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 sec., (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 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 C4220.11) will be
incorporated into contracts and sub-contracts.
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AFFIDAVIT
State of Missouri )
County of Cole )
?Pjviy
The undersigned affiant, - , being first duly sworn, hereby deposes and says:
1. I ain 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
l,Vl/,
r
3. 1 hereby affinn 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 naive of
said Federal Work Authorization prograin is '�' ` P�-5/7l?�"1-;7
4. 1 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 Z�`Ij) day of Cf"" ' , 2011.
Title
Sworn and subscribed before me this
the r r j day of fU / I7'� , 2011.
Notary Public
My Cominission expires: -7 f v
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