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Request for Proposals
Johnson County
Central Dispatch E-911
RFP Documents & Specifications for
PERFORMANCE AUDIT FOR PUBLIC SAFETY
RADIO/PAGING COMMUNICATIONS SYSTEM
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TABLE OF CONTENTS
Invitation for Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.0 Project Objective and Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.1 Proposal Submission Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.3 Non-Collusion Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.4 Proposal Preparation Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1.5 Addenda for Request for Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7
1.6 Proposal Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.7 Questions Regarding the Request for Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
1.8 Format for Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8
1.9 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-10
1.10 Proposal Award Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-11
1.11 Project Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
1.12 Terms and Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-21
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JOHNSON COUNTY EMERGENCY SERVICES BOARD
REQUEST FOR PROPOSALS
PERFORMANCE AUDIT FOR PUBLIC SAFETY RADIO/PAGING
COMMUNICATIONS SYSTEM
INVITATION
The Johnson County Emergency Services Board (JCESB) operating as Johnson County Central
Dispatch E-911 known as (JCCD) seeks proposals from qualified bidders experienced in public
safety radio systems, radio spectrums, and radio system auditing. The bid must arrive prior to
3:00 PM CST on Wednesday, March 8, 2017 at the following location:
Johnson County Central Dispatch E-911 (JCCD)
Administrative Offices
315 Hawthorne Blvd
Warrensburg, MO 64093
Proposal requirements and details may be obtained from:
Johnson County Central Dispatch E-911
Administrative Offices
315 Hawthorne Blvd
Warrensburg, MO 64093
Phone: 660-422-6317
Web: www.johnsoncounty911.org
The request is being made available electronically. If accepted by such means, the bidder
acknowledges and accepts full responsibility to ensure that no changes are made to the
Request for Proposal documents. In the event of a conflict between a version of the request
in the bidder's possession and the version maintained by the JCESB, the version maintained
by the JCESB shall govern.
A copy of the request is also on file at the Johnson County Central Dispatch E-911
administrative office and may be viewed on the Johnson County Central Dispatch E-911’s
website at: www.johnsoncounty911.org
The JCESB reserves the right to reject any and all bids, to waive any informalities in the
bids, and to accept other than the low bid if it appears to be in the best interest of the JCESB.
All documents received in response to this invitation to bid will become a matter of public
record and subject to the Missouri Sunshine Law under Missouri Statute 610.
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1.0 Project Objective and Instructions
JCESB plans to hire a consultant to provide a comprehensive evaluation of our public safety
radio/paging communications system. The system is defined to include: microwave system,
VHF analog simulcast radio system, and ancillary equipment related to those systems
owned and/or used by Johnson County Central Dispatch E-911 and representative
subscribers. The consultant will be required to provide an evaluation of current radio sites
for proper location, grounding, coverage, and equipment operation along with system
design. The consultant will also be required to provide an in-depth interference study to
determine any impact to the system and evaluate current and possible future licenses and
allowed power usage.
The consultant will be asked to provide detailed documentation of the current system and
make suggestions for improvements and alterations if needed. At the conclusion of the
audit, the consultant will present and provide a written and verbal report including
recommendation(s) to the JCESB.
This contract will not be awarded solely on the basis of cost. The contract for this project
will be awarded to the most responsible, responsive bidder, taking into consideration
equality, past performance, and the ability to meet requirements as stated throughout the
RFP.
Only those who are actively engaged in the business of public safety radio/paging
communications system consulting, auditing and evaluation will be considered as
responsible bidders. For the purpose of this RFP, actively engaged shall mean companies
with an active and current customer list with which similar services are provided.
Each bidder shall be required to respond to the requirements set forth in Sections 1.8 and
1.9. These responses will be evaluated by the JCESB. The JCESB will select the most
appropriate bidder (Section 1.10) who will then be required to enter into a contract with the
JCESB.
The JCESB reserves the right to reject any and all proposals or bidder’s responses.
The JCESB is interested only in proposals where a company’s employees are bonded and
meet the requirements of passing a criminal history background check due to the sensitive
nature of the material that is available within JCCD’s facility.
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Project Timeline
Action Date Time
Publish Notice of RFP 02/01/2017
RFP Issued 02/01/2017
Proposal Detail Questions
(Consultant)
02/22/2017
RFP Responses Due 03/08/2017 Prior to 3 PM CST
Evaluations of Proposals 03/15/2017
Notice of Contract Awards 03/22/2017
Project Start 03/27/2017
Project Completion 05/26/2017
Present Written Report to JCCD 06/05/2017 Prior to 3 PM CST
Presentation of Findings to the JCESB 06/13/2017 3 PM CST
The JCESB reserves the right to revise the above schedule. Changes to this schedule will be
posted on the Johnson County Central Dispatch E-911 website at www.johnsoncounty911.org
and at the Johnson County Central Dispatch E-911 administrative offices.
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1.1 Proposal Submission Date:
Wednesday March 8, 2017 prior to 3:00 PM CST
Johnson County Central Dispatch E-911
Administrative Offices
315 Hawthorne Blvd
Warrensburg, MO 64093
1.2 Definitions
The term “RFP” refers to this Request for Proposal document. The terms “Project,” “Service
Contract,” “Solicitation,” and “Agreement” refer to the project described in this RFP and for
which proposals are being solicited. Any statement in this document that contains the word
“must” or the word “shall” requires mandatory compliance. Failure of the bidder to meet this
compliance may be cause for rejection of the proposal or cancellation of the contract. Technical
terms used in this RFP are intended to follow industry standards. Bidders should request
clarification of terms wherever there is uncertainty as to the exact meaning.
1.3 Non-Collusion Statement
The bidder declares under penalty of perjury under the laws of the United States and the State of
Missouri that this bidder has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraining of free competitive
bidding in connection with this proposal.
The bidder declares that this proposal is made with connection without any person, firm or
corporation making a bid for the same project, and is in all respects, fair and without collusion or
fraud.
1.4 Proposal Preparation Costs
The bidder is responsible for any costs associated with the development, preparation, transmittal,
and submission of any proposal or material submitted in response to the RFP. The JCESB
assumes no contractual or other obligations as a result of the issuance of this RFP, the
preparation or submission of a proposal by a bidder, the evaluation of the proposal, or the
selection of any bidder for further negotiations.
1.5 Addenda to this Request for Proposals
The JCESB will not be responsible for oral interpretations given by any of its employees,
representatives, or others. The issuance of a written addendum is the only official method
whereby interpretation, clarification, or additional information can be given. If any addenda is
issued to the RFP, the JCESB will attempt to notify all prospective bidders who have secured the
RFP; however, it will be the responsibility of each bidder, prior to submitting a proposal, to
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contact the project manager listed in Section 1.7 to determine if addenda were issued and to
make such an addenda part of its proposal.
1.6 Proposal Submittal
One unbound original, one electronic copy (CD or flash drive), and eight (8) copies of all
proposals are due prior to 3:00 PM CST on Wednesday, March 8, 2017. These responses are to
be delivered in a sealed envelope marked with the bidder’s name, address, with a title “Johnson
County Central Dispatch E-911 Performance Audit for Public Safety Radio/Paging
Communications System” addressed to:
Johnson County Central Dispatch E-911
315 Hawthorne Boulevard
Warrensburg, Missouri 64093
Proposals received after this date and time will not be considered. Oral, emailed, telephoned, or
faxed proposals will not be accepted.
1.7 Questions Regarding the Request for Proposals
All questions regarding this RFP must be in writing, email preferred, and submitted to:
Summer Boone, Executive Director
Johnson County Central Dispatch E-911
315 Hawthorne Blvd
Warrensburg, MO 64093
660-422-6317
Bidders wishing to tour the facility or sites prior to the proposal due date may make
arrangements by calling JCCD Executive Director Summer Boone at the number listed above. A
site tour is not mandatory. Any statements made during any site tour are not binding on the
JCESB unless confirmed by written addendum.
1.8 Format for Proposals
All bidders are advised to read this RFP in its entirety. This RFP is intended to result in a full
responsive and comprehensive contract between the JCESB and a highly qualified vendor.
Failure to read and/or understand any portion of this RFP shall not be cause for waiver of any
provision of this RFP.
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Proposals must include, but are not limited to, the following information:
Bidder’s synopsis of the scope of work
States, in a clear and concise manner, the vendor’s understanding of the required services and
proposes a plan for the required services, which includes all of the minimum qualifications listed
throughout this RFP.
Organizational capabilities and staff qualifications
The bidder must specify its ability to provide the range of services outlined in this RFP and have
the employed staff to meet said qualifications. The bidder must provide professional profiles,
education, and experience of the designated employees who will be assigned to the project.
Proposal
The proposal must include the project start date, proposed ending date and an itemized list of
steps needed to complete the project.
Client references
A resume that includes a list of all counties, cities or agencies the bidder has contracted for
public safety radio and/or pager services, planning, installation or audits, and the scope of work
within the last seven years, including the county, city or agency’s project coordinator or
manager’s contact information. Submission of a proposal gives the JCESB the right to contact
any or all of the entities the bidder has contracted with. The contact information must include:
• The agency name work was performed for
• The name, telephone number, and address of a contact person familiar with the
bidder
• The date the bidder started the project
• Whether or not the contract is still in effect
• If the contract is no longer in place, the circumstance that led to the expiration or
termination of the contract and the date on which the contract ended
1.9 Scope of Work
The JCESB plans to hire a consultant to provide a comprehensive evaluation of the equipment,
coverage, interference concerns and overall functionality of our public safety radio/paging
communications system. The JCESB desires that bidders do not have an affiliation with a
specific vendor or manufacturer or to any sales component so that any ideas, changes or
solutions presented are not biased to that of any communications system providers.
The JCESB defines the Johnson County Central Dispatch E-911 system in the following manner:
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Six (6) communication sites; simulcast VHF microwave radio system; ancillary and
subscribers’ equipment related to those systems.
The consultant will be asked to provide detailed documentation of the current system including
design deficiencies and/or inadequate installation and to make suggestions for improvements and
alterations, if needed.
The consultant will also be provided opportunity to offer other forms of evaluation not
specifically covered in the RFP after prior discussion with the JCESB.
The JCESB expects that bidders will provide a detailed response to the scope of work. This
scope of work was created with the intent that bidders would suggest various methods of
research and data collection and propose a variety of methods to provide a complete report and
findings. The JCESB also expects that bidders will suggest certain methodologies and data
collection methods to provide a response with the required level of detail that is requested by the
JCESB.
1. Specifications
The minimum bid specifications are set forth below:
• Consultant will have a thorough background, training, experience and expertise in a
variety of radio systems, radio system audits and system functionality.
• Understand radio needs and expectations for users of the Johnson County Central
Dispatch E-911 communication system.
• Provide a detailed infrastructure evaluation of each system:
o Communication sites
o Microwave system
o VHF analog simulcast system
o Dispatch radio console equipment
o Other infrastructure related in system use to include a significant sample for
analysis of the 190 mobile and 390 portable radios that the subscribers use
• Provide a report that identifies existing conditions and outlines the current operational
capabilities or deficiencies.
• Provide a detailed interference study where detailed information will be provided
indicating the amount, type and source of any interference and the impact on the current
system.
• Develop a document that outlines a short and long term communications plan to address
all aspects of the evaluation. These plans should address what methods or practices that
the Johnson County Emergency Services Board (JCESB) should continue to use in the
operations and maintenance of the system. The plans should also outline short and long
term goals/objectives that Johnson County Central Dispatch E-911 can institute to
improve system performance/operation.
• A detailed report of the findings, and a short and long term plan including
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recommendations based on consideration of a combination of safety, continuity of
operations, affordability, efficiency, interoperability and topography.
• Consultant will also be required to provide evaluation of current radio sites for proper
location, grounding, coverage, and equipment operation.
• Consultant will be asked to provide detailed documentation of current radio/paging
system, make suggestions for improvements and alterations if needed. At the conclusion
of the audit the consultant will provide a written and verbal report and recommendation
options to the JCESB.
2. References
The bidder will provide references from public entities or other business customers successfully
using their consulting services. References shall include the name of the company or entity,
contact person, address, and telephone number.
3. Production Control and Scheduling
The following tentative schedule has been outlined:
Action Date Time
Publish Notice of RFP 02/01/2017
RFP Issued 02/01/2017
Proposal Detail Questions
(Consultant)
02/22/2017
RFP Responses Due 03/08/2017 Prior to 3 PM CST
Evaluations of Proposals 03/15/2017
Notice of Contract Awards 03/22/2017
Project Start 03/27/2017
Project Completion 05/26/2017
Present Written Report to the JCCD 06/05/2017 Prior to 3 PM CST
Presentation of Findings to the JCESB 06/13/2017 3 PM CST
1.10 Proposal Award Criteria
Bidder selection will be based on the following criteria: The proposals will first be reviewed to
determine if proposal requirements have been met. The JCESB will evaluate all proposals in
accordance with criteria set forth in this RFP and applicable law.
During the evaluation process the JCESB may seek information from a bidder to clarify the
bidder’s proposal. A bidder must submit written clarifications and such clarifications shall
become part of the bidder’s proposal.
The JCESB reserves the right to reject any or all bids, or parts thereof, and to waive all minor
irregularities in bidding.
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Special attention will be directed to the qualifications of the bidders when considering award of
this contract.
It shall be the duty of the bidder to submit the bid before the hour and date specified. The
JCESB shall assume no responsibility for the delay of the U.S. Postal Service or other delivery
service resulting in a bid being received late.
Vendor Error: Any pricing, configuration, or other errors discovered after the bid opening must
remain and cannot be adjusted.
1.11 Project Information
General Overview of Existing System
Communications Sites
Johnson County Central Dispatch E-911 currently operates from six (6) communications
sites. These sites are a combination of JCCD owned properties and properties with other
public and private partners. In each case the sites have a communications building or
cabinet, tower or other mounting structure, backup power, security features, and
communications equipment of both microwave and radio systems. Power distribution
systems at each site include battery banks and chargers or power rectifiers. Commercial
power is in use at each site.
Site visits can be scheduled upon request.
Radio System Components
4 – GTR8000 base radios at each site (6 sites total)
4 – MLC8000 voter comparators at each site (8 at the main site)
Microwave System Components
Cambium PTP650 links
Trak 9100 modular time and frequency system
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1.12 Terms and Conditions
1. The contractor agrees to provide, to the JCESB, services and any materials set forth in the project
narrative as identified by the attachment during the agreement period. No material, labor, or
facilities will be furnished by the JCESB, unless otherwise provided for in the agreement.
2. Accounting and Payment for Contractor Services
Payment to the contractor for services rendered under this agreement shall be as set forth in the
contract. The JCESB will not reimburse the contractor for any costs or expenses incurred by the
contractor in the performance of this contract. The JCESB shall compensate the contractor at the
completion of the project and upon JCESB acceptance of the written and verbal report provided
by the contractor.
3. Delegation and Subcontracting
Contractor's services are deemed personal and no portion of this contract may be delegated or
subcontracted to any other individual, firm or entity without the express and prior written
approval of the JCESB or its approved representative.
4. Independent Contractor
The contractor's services shall be furnished by the contractor as an independent contractor and
nothing herein contained shall be construed to create a relationship of employer/employee. The
contractor acknowledges the contractor is not entitled to any JCESB benefits; including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits,
or any other rights or privileges afforded to Johnson County Central Dispatch E-911 employees.
The contractor represents that it maintains a separate place of business, serves clients other than
the JCESB, will report all income and expense accrued under this contract with the Internal
Revenue Service and has a tax account with the State of Missouri Department of Revenue. In
the event that either the state or federal government determines that an employer/employee
relationship exists rather than an independent contractor relationship such that JCESB is deemed
responsible for federal withholding, social security contributions, worker’s compensation and the
like, the contractor agrees to reimburse JCESB for any payments made or required to be made by
JCESB. Should any payments be due to the contractor pursuant to this agreement, the
contractor agrees that reimbursement may be made by deducting from such future payments a
pro rata share of the amount to be reimbursed. Not withstanding any determination by the state
or federal government that an employer/employee relationship exists, the contractor, its officers,
employees and agents, shall not be entitled to any benefits which Johnson County Central
Dispatch E-911 provides to its employees.
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5. No Guarantee of Employment
The performance of all or part of this contract by the contractor shall not operate to vest any
employment rights whatsoever and shall not be deemed to guarantee any employment of the
contractor or any employee of the contractor or any subcontractor or any employee of any
subcontractor by the JCESB at the present time or in the future.
6. Regulations and Requirements
This agreement shall be subject to all federal, state and local laws, rules, and regulations.
7. Right to Review
This contract is subject to review by any federal or state auditor. The JCESB shall have the right
to review and monitor the financial and service components of this program by whatever means
are deemed expedient by the JCESB. Such review may occur with or without notice, and may
include, but is not limited to, on-site inspection by JCESB agents or employees, inspection of all
records or other materials which the JCESB deems pertinent to the agreement and its
performance, and any and all communications with or evaluations by service recipients under
this agreement. The contractor shall preserve and maintain all financial records and records
relating to the performance of work under this agreement for three (3) years after contract
termination, and shall make them available for such review upon request, during reasonable
business hours.
8. Modifications
Either party may request changes in the agreement. Any and all agreed modifications shall be in
writing, signed by each of the parties.
9. Termination for Default
If the contractor defaults by failing to perform any of the obligations of the contract or becomes
insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the JCESB
may, by depositing written notice to the contractor in the U.S. Mail, postage prepaid, terminate
the contract, and at the JCESB's option, obtain performance of the work elsewhere. If the
contract is terminated for default, the contractor shall not be entitled to receive any further
payments under the contract. Any extra cost or damage to the JCESB resulting from such
default(s) shall be deducted from any money due or coming due to the contractor. The
contractor agrees to bear any extra expenses incurred by the JCESB in completing the work,
including all increased costs for completing the work, and all damage sustained, or which may be
sustained by the JCESB by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason that
the contractor was not in default, the rights and obligations of the parties shall be the same as if
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the notice of termination had been issued pursuant to the Termination for Public Convenience
paragraph hereof.
10. Termination for Public Convenience
The JCESB may terminate the contract in whole or in part whenever the JCESB determines, in
its sole discretion that such termination is in the interests of the JCESB. Whenever the contract
is terminated in accordance with this paragraph, the contractor shall be entitled to payment for
actual work performed for completed items of work. An equitable adjustment in the contract
price for partially completed items of work will be made, but such adjustment shall not include
provision for loss of anticipated profit on deleted or uncompleted work. Termination of this
contract by the JCESB at any time during the term, whether for default or convenience, shall not
constitute a breach of contract by the JCESB.
11. Termination Due to Insufficient Funds
If sufficient funds for payment under this contract are not appropriated or allocated or are
withdrawn, reduced, or otherwise limited, the JCESB may terminate this contract upon thirty
(30) days written notice to the contractor. No penalty or expense shall accrue to the JCESB in
the event this provision applies.
12. Termination Procedure
The following provisions apply in the event that this agreement is terminated:
(a) The Contractor shall cease to perform any services required hereunder as of the effective
date of termination and shall comply with all reasonable instructions contained in the
notice of termination, if any.
(b) The contractor shall provide the JCESB with an accounting of authorized services
provided through the effective date of termination. If the agreement has been terminated
for default, the JCESB may withhold a sum from the final payment to the contractor that
the JCESB determines necessary to protect itself against loss or liability.
13. Defense and Indemnity Agreement
The contractor agrees to defend, indemnify and save harmless the JCESB, its appointed and
elected officers, agents, and employees from and against all loss and expense, including but not
limited to any and all claims and demands upon the JCESB, its elected officials or employees for
damages because of personal or bodily injury, including death at any time resulting there from,
sustained by any person or persons and on account of damage to property including loss of use
thereof, whether such injury to persons or damage to property is due to the negligence of the
contractor, his/her subcontractors, its successor or assigns, or its agent, servants, or employees,
the JCESB, its elected officers, employees or their agents, except only such injury or damage as
shall have been occasioned by the sole negligence of the JCESB, its appointed or elected
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officials or employees. It is further provided that no liability shall attach to the JCESB by reason
of entering into this contract, except as expressly provided herein. The JCESB agrees to defend,
indemnify and save harmless the contractor, its elected officers, agents and employees, from
and against all loss or expense, including but not limited to claims, demands, actions, judgments ,
settlements, attorneys' fees and costs by reason of any and all claims and demands upon the
contractor , its elected officials or employees for damages because of personal or bodily injury,
including death at any time resulting there from, sustained by any person or persons and on
account of damage to property including loss of use thereof, whether such injury to persons or
damage to property is due to the negligence of the JCESB, its subcontractors , its successor or
assigns, or its agent, servants, or employees, the contractor, its elected officers, employees or
their agents, except only such injury or damage as shall have been occasioned by the sole
negligence of the contractor, its elected officials or employees. It is further provided that no
liability shall attach to the contractor by reason of entering into this contract, except as expressly
provided herein.
14. Venue and Choice of Law
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this agreement, the venue of such action shall be in the courts of the State of
Missouri in and for the County of Johnson. This agreement shall be governed by the law of the
State of Missouri.
15. Withholding Payment
In the event the JCESB determines that the contractor has failed to perform any obligation under
this agreement within the times set forth in this agreement, then the JCESB may withhold from
amounts otherwise due and payable to contractor the amount determined by the JCESB as
necessary to cure the default, until the JCESB determines that such failure to perform has been
cured. Withholding under this clause shall not be deemed a breach entitling contractor to
termination or damages, provided that the JCESB promptly gives notice in writing to the
contractor of the nature of the default or failure to perform, and in no case more than ten (10)
days after it determines to withhold amounts otherwise due. A determination which the JCESB
set forth in a notice to the contractor of the action required and/or the amount required to cure
any alleged failure to perform shall be deemed conclusive, except to the extent that the contractor
acts within the times and in strict accord with the provision of the disputes clause of this
agreement. The JCESB may act in accordance with any determination of the JCESB which has
become conclusive under this clause, without prejudice to any other remedy under the
agreement, to take all or any of the following actions:
(1) Cure any fault or default,
(2) To pay any amount so required to be paid to charge the same to the account of the
contractor,
(3) To set off any amount paid or incurred from amounts due or to become due the
contactor. In the event the contractor obtains relief upon a claim under the disputes
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clause, no penalty or damages shall accrue to the contractor by reason of good faith
withholding by the JCESB under this clause.
16. Insurance
The contractor shall maintain in full force and effect during the term of this agreement, and until
final acceptance of the work, public liability and property damage insurance with companies or
through sources approved by the state insurance commissioner pursuant to RCW Title 48, as
now or hereafter amended. The JCESB, its appointed and elected officials, agents and
employees, shall be specifically named as additional insured in a policy with the same company
which insures the contractor or by endorsement to an existing policy or with a separate carrier
approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverage
shall be provided:
Comprehensive General Liability:
General liability insurance coverage, both comprehensive form and premises-
operations in an amount not less than $1,000,000.00 per occurrence and
$2,000,000.00 aggregate.
Automobile:
Automobile liability coverage, including comprehensive form, owned, hired and
non-owned in an amount not less than $1,000,000.00 per occurrence.
Worker’s Compensation Coverage and Title 51 Waiver as Required by Law
Excess Liability (over and above automobile and general liability):
Umbrella form, bodily injury, property damage in an amount not less than
$1,000,000 .00 per occurrence and $ 2,000,000.00 aggregate.
Excess Liability Gap Layer in an amount not less than $1,000,000.00 per
occurrence and $2,000,000.00 aggregate.
Employer Liability not less than $1,000,000.00.
If the Errors and Omissions or Professional Liability insurance obtained is an
occurrence policy as opposed to a claims-made policy, the Extended Reporting
Period Endorsement is not required. Any such insurance carried by the contractor
shall be primary over any insurance carried by the JCESB and the contractor shall
ensure that such insurances are primary. The JCESB shall have no obligation to
report occurrences unless a claim or lawsuit is filed with it and the JCESB has no
obligation to pay any insurance premiums. Evidence of primary insurance
coverage shall be submitted to the JCESB within twenty (20) days of the
execution of the agreement. The agreement shall be void if the proof of coverage
is not timely supplied. The coverage limits identified herein shall not limit the
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potential liability of the contractor and the contractor's duty to defend, indemnify
and hold harmless shall apply to any liability beyond the scope of insurance
coverage.
17. Liquidated Damages
For delays in timely completion of the work to be done or missed milestones of the work in
progress, the contractor shall be assessed two hundred fifty dollars ($250) per day as liquidated
damages and not as a penalty because the JCESB finds it impractical to calculate the actual cost
of delays. Liquidated damages will not be assessed for any days for which an extension of time
has been granted. No deduction or payment of liquidated damages will, in any degree, release
the contractor from further obligations and liabilities to complete the entire project.
18. Rights and Remedies
The duties and obligations imposed by this agreement and the rights and remedies available
hereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
19. Contractor Commitments, Warranties and Representations
Any written commitment received from the contractor concerning this agreement shall be
binding upon the contractor, unless otherwise specifically provided herein with reference to this
paragraph. Failure of the contractor to fulfill such a commitment shall render the contractor
liable for damages to the JCESB. A commitment includes, but is not limited to any
representation made prior to execution of this agreement, whether or not incorporated elsewhere
herein by reference, as to performance of services or equipment, prices or options for future
acquisition to remain in effect for a fixed period, or warranties.
20. Patent/Copyright Infringement
Contractor will defend, indemnify and save harmless JCESB, its elected officers, agents and
employees from and against all loss or expense, including but not limited to claims, demands,
actions, judgments, settlements, attorneys' fees and costs by reason of any and all claims and
demands upon the JCESB, its elected officials or employees for damages because of the
contractor’s alleged infringement on any patent or copyright. The contractor will pay those costs
and damages attributable to any such claims that are finally awarded against the JCESB, its
appointed and elected officers, agents and employees in any action. Such defense and payments
are conditioned upon the following:
(a) The contractor shall be notified promptly in writing of any notice of such claim.
(b) The contractor shall have the right, hereunder, at its option and expense, to obtain for
JCCD to continue using the information, in the event such claim of infringement is made,
provided no reduction in performance or loss results to JCCD.
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21. Disputes
(a) General: Differences between the contractor and the JCESB, arising under and by virtue
of the contract documents shall be brought to the attention of the JCESB at the earliest
possible time in order that such matters may be settled or other appropriate action
promptly taken. The records, orders, rulings, instructions, and decision of the JCESB
shall be final and conclusive thirty (30) days from the date of mailing unless the
contractor mails or otherwise furnishes to the JCESB a written notice of appeal. The
notice of appeal shall include facts, law, and argument as to why the conclusions of the
JCESB are in error. In connection with any appeal under this clause, the contractor and
JCESB shall have the opportunity to submit written materials and argument and to offer
documentary evidence in support of the appeal. Oral argument and live testimony will
not be permitted. The decision of the JCESB for the determination of such appeals shall
be final and conclusive. Reviews of the appellate determination shall be brought in the
Superior Court of Johnson County within fifteen (15) days of mailing of the written
appellate determination. Pending final decision of the dispute, the contractor shall
proceed diligently with the performance of this agreement and in accordance with the
decision rendered.
(b) Notice of Potential Claims: The Contractor shall not be entitled to additional
compensation or to extension of time for:
(1) any act or failure to act by the JCESB,
(2) or the happening of any event or occurrence, unless the contractor has given
the JCESB a written Notice of Potential Claim within ten (10) days of the
commencement of the act, failure, or event giving rise to the claim, and before
final payment by the JCESB. The written Notice of Potential Claim shall set
forth the reasons for which the contractor believes additional compensation or
extension of time is due, the nature of the cost involved, and insofar as
possible, the amount of the potential claim. Contractor shall keep full and
complete daily records of the work performed, labor and material used, and all
costs and additional time claimed to be additional.
(c) Detailed Claim: The contractor shall not be entitled to claim any such additional
compensation, or extension of time, unless within thirty (30) days of the accomplishment
of the portion of the work from which the claim arose, and before final payment by the
JCESB, the contractor has given the JCESB a detailed written statement of each element
of cost or other compensation requested and of all elements of additional time required,
and copies of any supporting documents evidencing the amount or the extension of time
claimed to be due.
22. Ownership of Items Produced
All writings, programs, data, art work, maps, charts, tables, illustrations, records or other written,
graphic, analog or digital materials prepared by the contractor and/or its consultants or
subcontractors, in connection with the performance of this agreement shall be the sole and
absolute property of the JCESB and constitute "work made for hire" as that phrase is used in
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federal and/or state intellectual property laws and Contractor and/or its agents shall have no
ownership or use rights in the work .
23. Recovery of Payments to Contractor
The right of the contractor to retain monies paid to it is contingent upon satisfactory performance
of this agreement, including the satisfactory completion of the project described in the Scope of
Work. In the event that the contractor fails, for any reason, to perform obligations required of it
by this agreement, the contractor may, at the JCESB's sole discretion, be required to repay to the
JCESB all monies disbursed to the contractor for those parts of the project that are rendered
worthless in the opinion of the JCESB by such failure to perform. Interest shall accrue at the rate
of 12 percent (12%) per annum from the time the JCESB demands repayment of funds.
24. Project Approval
The extent and character of all work and services to be performed under this agreement by the
contractor shall be subject to the review and approval of the JCESB.
In the event there is a dispute with regard to the extent and character of the work to be done, the
determination of the JCESB as to the extent and character of the work to be done shall govern
subject to the contractor's right to appeal that decision as provided herein.
25. Non-Discrimination
The contractor shall not discriminate against any person on the basis of race, creed, political
ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any
sensory, mental or physical handicap.
26. Subcontractors
In the event that the contractor employs the use of any subcontractors, the contract between the
contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this
agreement between the JCESB and the contractor. The contractor shall insure that in all
subcontracts entered into, JCESB is named as an express third-party beneficiary of such
contracts with full rights as such.
27. Third Party Beneficiaries
This agreement is intended for the benefit of the JCESB and the contractor and not for the
benefit of any third parties.
28. Standard of Care
The contractor shall perform its duties hereunder in a manner consistent with that degree of care
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and skill ordinarily exercised by members of the same profession as a contractor currently
practicing under similar circumstances. The contractor shall, without additional compensation,
correct those services not meeting such a standard.
29. Time is of the Essence
Time is of the essence in the performance of this contract unless a more specific time period is
set forth in either the special terms and conditions or scope of work.
30. Notice
Except as set forth elsewhere in the agreement, for all purposes under this agreement, except
service of process, any notices shall be given by the contractor to the JCESB project manager.
Notice to the contractor for all purposes under this agreement shall be given to the person
executing the agreement on behalf of the contractor at the address identified on the signature
page.
31. Severability
If any term or condition of this contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this contract are declared severable.
32. Precedence
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
(a) Applicable federal, state and local statutes, ordinances and regulations;
(b) Scope of Work and Compensation;
(c) Special Terms and Conditions; and
(d) Standard Terms and Conditions.
33. Waiver
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or
subsequent breach. No term or condition of this contract shall be held to be waived, modified or
deleted except by written instrument and signed by the parties.
34. Attorney Fees
In the event that litigation must be brought to enforce the terms of this agreement, the prevailing
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party shall be entitled to be paid reasonable attorney fees.
35. Construction
This agreement has been mutually reviewed and negotiated by the parties and should be given a
fair and reasonable interpretation and should not be construed less favorably against either party.
36. Survival
Without being exclusive, paragraphs 4,7,13-19, 21,22,30-35 of these Standard Terms shall
survive any termination, expiration or determination of invalidity of this agreement in whole or
in part. Any other paragraphs of this agreement which, by their sense and context, are intended
to survive shall also survive.
37. Entire Agreement
This written contract represents the entire agreement between the parties and supersedes any
prior statements, discussions or understandings between the parties except as provided herein.
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Name of Company Address
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Signature City, State, Zip
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Printed Name of Signer Phone
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Title of Signer Fax
