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Home My Public Portal AboutORD14266 BILL NO. 2007-87 SPONSORED BY COUNCILMAN Brown ORDINANCE NO. 14)-1,040 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUSCOMM, INC. FOR A DIGITAL VOICE DICTATION SYSTEM. WHEREAS, BusComm, Inc. has become the apparent best bidder on the Digital Voice Dictation System project; and WHEREAS, A supplemental appropriation in the amount of$44,100.00 was approved by Ordinance No. 14178, on April 2, 2007, for the purchase of a replacement digital voice dictation system. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of BusComm, Inc. is declared to be the best bid and is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with BusComm, Inc. for Digital Voice Dictation System. 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 passa a and approval. Passed: Approved: P esiding Officer Mayor ATTEST: APP V D AS FORM: Atyye r k City unselor 142�� CITY OF JEFFERSON DIGITAL DICTATION SYSTEM • THIS AGREEMENT made and entered this;day of October,2007,by and between the City of Jefferson,Missouri, a municipal corporation,hereinafter referred to as"City,"and BusComm,Inc.,hereinafter referred to as"Contractor." WHEREAS,the City is desirous of obtaining and installing,training,and maintenance of a digital dictation system for the Jefferson City Police Department. 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. The work of this Agreement consists of the purchase and installation,training and maintenance of a digital dictation system. 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,on or before October 31,2007. 3.' Prevailina 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.14,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 Ten Dollars($10.00)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$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. 1 U.-Tontraa Film\niiw VABU Camm lnc\PD Digital Dianlion Symeat 21N17.wpd 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 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$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, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. F. Scone 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($100.00)from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work,or any separable part thereof,with such diligence as will insure the completion by the time above specified,or any extension thereof,or fails to complete the work by such time,as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 7. Termination. The City reserves the right to terminate this contract by giving at least five(5)days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors,or if a receiver should be appointed for Contractor or for any of its property,or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material,or if Contractor should refuse or fail to make prompt payment to any • person supplying labor or materials for the work under the contract,or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. U:\Contrnct Filsunisc MllusComm Inc\PD Digital Dictalion$yst=2007.wN - 2 - t I 8. 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 may be 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. Indemnity. 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 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. 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 i, 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. 12 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 City Administrator of the City of Jefferson, and in accordance with the rates and/or amounts stated in the bid of Contractor dated July 27,2007,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-One Thousand Three Hundred Forty-Two Dollars and Sixty-Nine Cents($41,342.69). 13. Contract Documents. The contract documents shall consist of the following: a. This Contract f.. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders i. Drawing 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. UAC-t-1 Fil®Mice k A&mComm 1.6PD Digiml Mom-System 2007.wpd - 3 - 14. 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. 15. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson Police Department, 320 East McCarty,Jefferson City,Missouri,65101,and Contractor at BusComm Inc., 11696 Lilburn Park,St.Louis,Missouri,63146. The date of delivery of any notice shall be the second full day after the day of its mailing. 16. 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 J SON, MI URI BusCo C. I Mayor Title: 6�0 ATTE T: ATTEST: I ' City Clerk v AP AS FORM. City o n r I l U.-T-I tta Filak t:k's1Budamm IndPD Digital Mimi-Spam 2007.wpd - 4 - FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2349 -Digital Dictation System Police Department, Opened on July 31, 2007 BIDS RECEIVED: Nelson Systems, Springfield, MO $ 28,911.69 Electronic Office Systems, Lee's Summit, MO $ 31,900.00 BusComm, Inc., St. Louis, MO $ 41,342.69 FISCAL NOTE: 1000-3100-7000-0020 Purchase of Equipment Budgeted 06-07 $ 123,336.00 Expensed $ 761.85 Encumbered $ 42,870.35 . Bid 2349 $ 41,342.69 Balance $ 38,361.11 PAST PERFORMANCE: BusComm, Inc. has provided services to the Police Department satisfactorily in the past. RECOMMENDATION: Staff recommends award of the bid to BusComm, Inc., of St. Louis, Missouri for the purchase, installation, training and maintenance of the digital dictation system in an amount of$41,342.69. BusComm, Inc. was the lowest and best bidder meeting the specifications. Both Nelson Systems and Electronic Office Systems failed to meet the specifications as listed in the attached. ATTACHMENTS - SUPPORTING DOCUMENTATION Signa urcha ng nt hief f Police