NOTICE OF A WORK SESSION OF THE BOARD OF ALDERMEN
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NOTICE OF A WORK SESSION OF THE BOARD OF ALDERMEN June 22, 2021 6:00p.m. Notice is hereby given that a Work Session of the Board of Aldermen of the City of Shrewsbury, Missouri, will be held at 6:00pm on June 22, 2021 in-person in the Aldermanic Chambers at the City Center at 5200 Shrewsbury Ave., Shrewsbury, MO 63119 and via Zoom teleconference. Join Zoom Meeting: https://us02web.zoom.us/j/85913263428 One Tap Mobile: Meeting ID: 859 1326 3428 +13126266799,,85913263428# US (Chicago) A. Roll Call B. Approval of Minutes a. June 8, 2021 Regular Board Meeting Minutes C. Annual Liquor Licenses – Review and Approval a. Aldi’s, American Legion Post III, Dierbergs, Gas Mart, Krab Kingz, Shrewsbury Lanes, St. Michael’s, Walmart D. Fire Department Bid Presentation & Purchase Request - Indoor Air Quality Testing E. Discussion Items a. Shrewsbury City Center Name Change b. Contract Terms Update – Public Safety Body Cameras c. Shrewsbury City Center Pin-Oak Removal F. BILL 3025: Ordinance Authorizing Public Safety Body Camera Contract – 1st Reading a. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH UTILITY ASSOCIATES, INC. FOR THE PURCHASE AND SERVICING OF CERTAIN RECORDING EQUIPMENT FOR USE BY THE CITY OF SHREWSBURY POLICE AND FIRE DEPARTMENTS G. Old Business H. New Business I. Hear Citizens J. Adjournment All interested parties are invited to attend. The City of Shrewsbury is working to comply with the Americans with Disabilities Act (ADA). Individuals who require an accommodation (sign language interpreter, listening device, an accessible location, etc.) to attend a meeting should contact City Hall, 647-5795 V or use Relay Missouri 1-800-735-2966 TDD, at least 48 hours in advance and communicate their needs. Elliot Brown, Assistant City Administrator/City Clerk The next regularly scheduled Board of Aldermen meeting will be July 13, 2021 at 6:00pm.
CITY OF SHREWSBURY OPEN MEETING OF THE BOARD OF ALDERMEN June 8, 2021 An Open Meeting of the Board of Aldermen of the City of Shrewsbury, Missouri was held at 6:00 p.m. on June 8, 2021 in the Aldermanic Chambers of City Hall and via Zoom teleconference for the transaction of such business that came before the Board. Present: Mayor Mike Travaglini Alderman Greg Lauter Alderman Keith Peters Alderman John Odenwald Alderperson Elisa Reeves Alderman Michael Schmelzle Alderperson Bette Welch Also Present: City Administrator Jonathan Greever Fire Chief Chris Amenn Chief of Police Lisa Vargas City Attorney Michael Daming Director of Parks & Recreation Chris Buck Public Works Superintendent Tony Wagner Finance Director Danielle Oettle Asst. City Admin./City Clerk Elliot Brown Roll Call Board President Lauter called the meeting to order and Clerk Brown commenced with the roll call. A quorum was present for the transaction of City business. Mayoral Swearing-in Ceremony Clerk Brown swore-in Mike Travaglini to serve as Mayor of the City of Shrewsbury for the remainder of former Mayor Sam Scherer’s term. Mayor Travaglini expressed his gratitude to Mayor Scherer for his years of service to the community and wished him a quick recovery. Approval of Minutes Mayor Travaglini introduced the minutes from the May 25, 2021 Work Session and the May 25, 2021 Special Meeting and opened the floor for discussion. There being no corrections or additions, Alderman Peters moved to approve the minutes as submitted; Alderman Lauter seconded the motion. The motion passed unanimously by voice vote. Approval of Bills – June 2021 Mayor Travaglini introduced the bills for June 2021, reviewed each of them, and opened the floor for discussion. He noted that Staff had noticed one error on the list as it was submitted to the Board and corrected the total amount to be $52,034.37. There being no further questions or comments, Alderperson Reeves moved to approve the bills; Alderperson Welch seconded the motion. The motion passed unanimously by voice vote. City of Shrewsbury Board of Aldermen Meeting Minutes 6/8/2021 Page 1 of 4
Hear Citizens: Missouri State Representative for District 91 Sarah Unsicker (Exeter Ave.) addressed the Board introducing her new not-for-profit organization, The Missouri Policy Collaborative, which will research and develop policy briefs about municipal government to build a better future for all Missourians. Discussion – City Website Redesign City Administrator Greever informed the Board that the in-house website redesign project with the City’s existing vendor had not met the expectations of Staff and asked the Board to authorize Staff to develop an RFP to be distributed to at least four venders that work with municipalities in our area. City Administrator Greever noted that this project was a priority for former Mayor Scherer prior to his resignation as a modern website design is essential for effective communication, especially in a post-COVID environment, and that he would like to complete the redesign this fiscal year. Alderman Peters stated that he would like to be involved in the development of the RFP to make sure that the proposals would meet the needs of the residents. He added that he thought the RFP should be sent to as many venders as possible. Alderman Odenwald requested that the proposals include maintenance costs over the next 5 years. Alderperson Welch asked where the funds for this project would come from. City Administrator Greever responded that the Board would need to approve a budget amendment to appropriate the funds. Alderperson Reeves asked if the work done by the previous vendor could be salvaged. City Administrator Greever responded that while the previous redesign was a failure, the content would be saved and utilized by whatever vendor the Board chooses in its redesign. Alderperson Reeves requested that she be involved in the redesign project and suggested that some citizens be brought in to give their opinions and recommendations. Alderman Schmelzle asked why this could not wait until next year instead of amending this year’s budget. City Administrator Greever responded that a significant gap exists between what the residents expect and what our current website can provide. He added that, because the website is one of the most important methods of interacting with and disseminating information to the residents, it should be the most important capital project to the Board. Discussion – Public Safety Body Cameras Chiefs Vargas and Amenn presented an updated service agreement proposed by Utility Associates, Inc. to provide body and vehicle cameras and associated hardware/software for both the Police Department and Fire Department. The cameras were previously budgeted as a Capital Improvement in 2020. Due to a personnel changeover at the company, there was a delay in finalizing the agreement and the originally quoted pricing had changed. The total amount for the equipment had not changed ($181,625.00 for Police and $61,570.00 for Fire), but the first-year payment amount increased from 20% to 40%; an increase of $12,000. The Chiefs asked the Board to approve increasing the capital improvement budget for this year to cover the increase, noting that the remaining yearly payments would only be 15% instead of 20%. City of Shrewsbury Board of Aldermen Meeting Minutes 6/8/2021 Page 2 of 4
Alderperson Reeves asked why there was an increase. Chief Vargas responded that the delay was so long that the price of the components had increased for the vendor. She added that the bid would expire on June 30th after which total price would increase by $234,000. Mayor Travaglini asked if the City had applied for any grant funds for the equipment. Chief Vargas responded that they were working on applying now with the hope to get funding some time this summer. Alderman Schmelzle stated that he supported the purchase but would like to see the Chiefs to try to negotiate with the vendor to get them back down to the original $80,000 that was budgeted so the Board does not have to amend the budget. Chief Vargas responded that she would try. Alderman Odenwald expressed his hope that the deal be finalized soon so the City could avoid the big jump in price. Mayor Travaglini suggested reassessing the topic at the next meeting to give Staff the opportunity to negotiate. Department Head Reports Chief Vargas updated the Board on some plumbing issues going on at the Public Safety building. Alderman Schmelzle asked if the mold remediation project had been completed. Chief Vargas responded that it had not and that it would likely have to continue until after the plumbing issues had been resolved. Director Oettle informed the board that the auditors were completing their FY2020 financial audit and planned to present their findings at an upcoming meeting. Alderman Peters asked if they would be able to provide a report with recommendations for improving the City’s financial situation. Director Oettle responded that the auditors would not go beyond the typical financial audit of FY2020, but that she had reached out to the GFOA to obtain information about their consultant services and would provide that to the Board as soon as she received it. Alderman Odenwald requested that the Board receive periodic financial reports showing all City expenditures. Old Business – None New Business Alderman Odenwald proposed breaking the Board up into two committees with three members each to work on the 2022 budget in the coming months. Hear Citizens – None Closed Session Alderman Lauter moved for the Board to enter closed session pursuant to RSMo 610.021 (3); Alderman Peters seconded the motion. The following roll call vote was recorded: Alderman Lauter, “Aye” Alderperson Reeves, “Aye” Alderman Peters, “Aye” Alderman Schmelzle, “Aye” Alderman Odenwald, “Aye” Alderperson Welch, “Aye” There being unanimous votes in the affirmative, the Board entered closed session pursuant to RSMo 610.021 (3,13) at 6:58p.m. City of Shrewsbury Board of Aldermen Meeting Minutes 6/8/2021 Page 3 of 4
Adjournment Alderman Odenwald moved to adjourn the meeting; Alderman Peters seconded the motion. The motion passed unanimously by voice vote. Meeting adjourned at 7:18p.m. Respectfully Submitted, Elliot Brown Assistant City Administrator & City Clerk City of Shrewsbury Board of Aldermen Meeting Minutes 6/8/2021 Page 4 of 4
Request for Approval to Purchase Public Safety Building Fire and Police Department June 18, 2021 Board of Alderman Mayor Travaglini City Administrator Greever Subject: Indoor Air Quality (IAQ) Survey of Public Safety Building The Fire and Police departments requires the following Indoor Air Quality Study for the purpose of monitoring for pollutants that have historically caused harm within the Public Safety Building. This measure of preventative monitoring can ensure the safety of the employees who are spending long periods of time in building. The Public Safety Building has a long history of neglect in the areas of IAQ, the flooding of the lower level (Fire’s bunk room) and mold growth that was not attended to for years. The remediation for the flooding and mold from the bunk room was completed 5 years ago. Prior to the remediation the adverse reactions to the environment led to hospitalized, excessed absences due to illness, and shortness of staff affecting services. The building has experienced recent sewage pipes bursting and overflow of sewage from drains left unattended in closets. The sewage was absorbed into ceiling tiles, walls and carpet. Occupants have recently experienced breathing, and other reactions while in the building in comparison to being away from building. The employees wake with symptoms of difficulty breathing due to coughing, sneezing or congestion, discharge from eyes and nose, and the feeling of not being 100%. The sick leave due to pollutant affecting employees’ allergies and breathing has dramatically decreased since the remediation of the bunk room. While employees are no longer being hospitalized for breathing related issues, there is still concern for employees still being affected by a lesser amount of pollutant than previously. It is the responsibility of the department to ensure the safest environment for employees, especially employees who are required to be exposed for long periods of time. The only way to control the air quality is to regularly measure, we are now 5 years from last test and remediation. It is suggested an IAQ be repeated following a remediation to ensure the problem has been solved and has not returned. It would be highly encouraged to be sure that the mold and other pollutants are not presently affecting the employees.
The services required include IAQ for Mold and an IAQ for other pollutants on the 2 main floors of the Public Safety building and a complete written report of findings. We received back the three quotes and a summary of costs are: Company Service/Product Price Indoor Air Quality Survey for Mold Jurgiel (John Jurgiel &Associates and Additional IAQ Parameters, $5,220- $6,090 INC.) including all equipment and labor. VOC/CO2/Mold testing Mold Test Company Mold inspection $5,869 And Air-O-Cells Indoor air Quality study and microbiological inspection and Certified Safety Consulting $5,500 testing, lab analysis, report preparation Recommendation: This is a formal request for approval to utilize Certified Safety Consulting based on the following factors. Certified Safety Consulting was the only vendor who made an effort to walk through the building to provide a complete understanding of the needs for inspection. He walked through the 3 levels of the building noting the specific areas of interests. This walk through provided an honest evaluation of what he could provide and the needs of the building and its occupants. The services can be provided as soon as possible and within a week from request. The rate for this service is a flat rate for the described services that include more samples than the other services quoted by other vendors. Due to the urgency of the safety of the employees, we wish to request a scheduled service by June 28, 2021. The funding for this testing would be taken from Public Safety Building Facility Maintenance Acct # 10-180-57010 Thank you for your time and consideration. Chris Amenn, Fire Chief Lisa Vargas Police Chief
PROPOSAL City of Shrewsbury/ATTN: Trish Foss, Client/Customer: pfoss@cityofshrewsbury.com Reference#: SHRE1003 Industrial Hygiene Study of Indoor Air Quality (IAQ): Mold Inspection and Testing, two levels of city rehouse
PROPOSAL/INVOICE (continued) All work product and material are guaranteed to be as speci ed, to be performed in accordance with the speci cations submitted for above described job, in accordance with sound scienti c principles, good lab practices, statistically analyzed for validity and substantially completed in a professional manner for the sum of Five thousand ve hundred and zero dollars ($5500) with payments to be made as follows: - 100% due prior to start of study ($5500) Respectfully Submitted: Certi ed Safety Consulting, LLC Andrew W. Gondzur, CIH, CSP, CPE NOTE: This proposal may be withdrawn by us if not accepted within 30 days. ................................................................................................................................. ACCEPTANCE OF PROPOSAL You are hereby authorized to furnish all material, equipment and labor required to complete the work described in the above proposal, for which the undersigned agrees to pay the amount stated in said proposal and according to the terms thereof. Signature: ____________________________________ Date: / / Signature: ____________________________________ Date: / / CSC, LLC maintains commercial general liability and professional liability (Errors and Omissions) insurance coverage with a limit of liability of $2,000,000 each occurrence, and an aggregate limit of $2,000,000. Page 2 3921 Connecticut Street Saint Louis, MO 63116 T 314-660-7238 E certi edsafety@me.com W www.cert edsafetyconsulting.com fi fi fi fi fi fi fi
ST. LOUIS 123 N. Main Street St. Charles, Missouri 63301 Phone: 636-757-3060 Fax: 636-757-3064 DALLAS/FORT WORTH 2235 St. Andrew Drive Highland Village, Texas 75077 Phone: 214-735-8055 July 22, 2020 Mr. Chris Amenn Fire Chief City of Shrewsbury 4400 Shrewsbury Avenue St. Louis, Missouri 63119 via email: camenn@cityofshrewsbury.com Re: Cost Estimate - Indoor Air Quality Survey for Mold and Additional IAQ Parameters Public Safety Building St. Louis, Missouri Dear Mr. Amenn: John A. Jurgiel & Associates, Inc. is pleased to submit this cost estimate to conduct a limited Indoor Air Quality (IAQ) survey for mold in selected areas of the Shrewsbury Public Safety Building, located in St. Louis, Missouri. There is also an option for additional IAQ activities for long-duration direct-reading instrument measurements from representative locations in this building. This survey is meant to address concerns for suspected mold growths and potential elevated mold spore levels throughout this Building. There were no reports of recent water/moisture intrusions into this Building, but there were some previous intrusions, mold growths, and remediation activities conducted in portions of this Building. There were also reports of visible suspected mold growths in portions of this Building. Based on our discussion, it is anticipated that this IAQ survey will include visual observations of accessible portions of this Building; the collection of 2 to 4 bulk, tape-lift samples from suspected mold growths; and the collection of a total of 24 to 26 short duration samples for airborne mold spores (including 2 samples from outdoor, control locations). The samples from the outdoor, control locations will be collected for comparison purposes. If desired, additional direct-reading instrument monitoring for several common IAQ parameters can also be conducted. This monitoring would include continuous monitoring for carbon dioxide (CO2), carbon monoxide (CO), particulates, volatile organic compounds (VOCs), temperature, and relative humidity, and would be collected over approximately 24-hour periods in four representative locations in this Building. This survey will be conducted by a Certified Industrial Hygienist (CIH) using validated sampling/analytical procedures. These survey activities will be summarized in a detailed technical report with recommendations, if any. These surveys are typically billed on a time and material basis; however, for budgeting purposes, these costs are estimated as follows: DEFINING RISKS IN YOUR ENVIRONMENT SINCE 1978 www.Jurgiel.com
Mr. Chris Amenn Fire Chief City of Shrewsbury July 22, 2020 Page 2 Indoor Air Quality Survey for Mold Certified Industrial Hygienist (CIH) 7 to 9 hours @ $165/hour $1,155 - 1,485 (travel, on-site, report writing) Administrative Support 1 hour @ $60/hour $60 Analytical/Equipment costs Bulk, Tape-Lift samples 2 to 4 samples @ $40/sample $80 - 160 Airborne Mold Spore samples 24 to 26 samples @ $40/sample $960 - 1,040 Expenses (including shipping) (estimated) $50 - 75 Total Cost Estimate $2,305 - 2,820 Indoor Air Quality Survey for Additional IAQ Parameters Certified Industrial Hygienist (CIH) 13 to 15 hours @ $165/hour $2,145 - 2,475 (travel, on-site, report writing) Administrative Support 2 hours @ $60/hour $120 Analytical/Equipment costs EVM-7 Direct-Reading Instrument 4 sessions @ $125/session $500 Expenses (estimated) $150 - 175 Total Cost Estimate $2,915 - 3,270 Because the scope and depth of this sampling may change, there may be minor additions or subtractions to this proposed sampling strategy. Variations in this cost estimate would generally follow the above unit prices. An updated cost estimate should be prepared for large scale revisions. These analytical costs are associated with a routine laboratory turnaround of approximately one week. This cost estimate and all services to be provided hereunder, shall be subject to John A. Jurgiel & Associates, Inc.’s Terms and Conditions, which are attached to this cost estimate, are an integral part of this cost estimate, and are incorporated herein by reference. Client agrees that any additional or different terms or conditions contained in Client’s acceptance of any other document shall have no force or effect. If you have any questions regarding this cost estimate, please contact us. Sincerely, John P. Jurgiel, CIH, CSP, PE ___________________________________________________ Principal/Senior Consultant Approved by: Date: JPJ/jah DEFINING RISKS IN YOUR ENVIRONMENT SINCE 1978 www.Jurgiel.com
Mr. Chris Amenn Fire Chief City of Shrewsbury July 22, 2020 Page 3 TERMS AND CONDITIONS use. However, under RCRA and the Comprehensive Environmental Response, Compensation and Liability Act 1. Method of Payment: Monthly Jurgiel & Associates (Jurgiel) will (“CERCLA”), and the regulations thereunder, the generator of the invoice Owner for all Services rendered during the previous Waste Materials has the ultimate legal liability for the evaluation month. Invoices will be due within 30 days after receipt. Any and “selection” of the proper disposal site for its Waste Materials. unpaid charges will draw interest at 1 ½% per month or the Jurgiel cannot accept ownership, title, or responsibility for highest rate allowed by law, whichever is less, commencing 30 Owner’s waste or responsibility for the disposal of the Owner’s days after date of invoice. Owner shall notify Jurgiel in writing of Waste Material. The Owner acknowledges that it shall evaluate any disputed amount within 15 days of date of invoice; otherwise and “select” the proper disposal site for treatment or disposal of all invoice charges are agreed to be acceptable. Should it be its Waste Materials and shall be solely responsible therefor. necessary for Jurgiel to initiate collection procedures for unpaid Arrangements for the treatment, storage, transport or disposal of charges, the cost of such procedures will be added to the amount any Waste Materials, which shall be made by Jurgiel, Owner shall due Jurgiel from Owner. Fixed price contracts will be invoiced on indemnify and hold harmless Jurgiel from and against any and all a percent complete basis. claims, damages, losses, liability, and expenses, including attorney’s fees, which arise out of any release or threatened 2. Permit Assistance: Owner agrees to assist Jurgiel in obtaining release of Waste Materials, or the generation, treatment, storage, all necessary governmental permits, licenses, approvals and transport, or disposal of Waste Materials. documents required for the performance of the Services. Jurgiel’s obligations to perform the Services are specifically subject to the 6. Jurgiel Insurance: Jurgiel shall maintain, during the term of issuance of all permits, licenses, approvals or other documents this Agreement, at least the following insurance coverage: required to enable Jurgiel to perform the services. Coverage Limits 3. Standard of Care: The Services will be performed on behalf of (a) Worker’s Comp Statutory and solely for the exclusive use of Owner and for no others. The (b) Employee’s Liability $5,000,000 Services performed by Jurgiel shall be conducted in a manner (c) Commercial General $5,000,000 Liability each occurrence consistent with that level of care and sill ordinarily exercised by (d) Comprehensive Auto $5,000,000 Liability each occurrence members of the engineering and consulting professions in the (combined single limit) same locale acting under similar circumstances and conditions. (e) Professional/Pollution $5,000,000 Legal Liability any one claim; $5,000,000 aggregate EXCEPT AS SET FORTH HEREIN, JURGIEL MAKES NO OTHER REPRESENTATION, GUARANTEE, OR WARRANTY, Upon request, Jurgiel shall furnish copies of insurance certificates EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OF evidencing that it maintains at least the above insurance MERCHANTABILITY, FITNESS FOR ANY PARTICULAR coverage. PURPOSE OR OTHERWISE, CONCERNING ANY OF THE SERVICES WHICH MAY BE FURNISHED BY JURGIEL TO 7. Limitation of Jurgiel’s Liability to Owner: Except for OWNER. circumstances caused by the willful misconduct of Jurgiel, all claims for damages asserted against Jurgiel by Owner, including 4. Deliverables: All deliverables, including, but not limited to, any claims against Jurgiel’s directors, officers, shareholders, and all reports, drawings, plans, designs, and specifications employees, and agents, are limited to the greater of (i) $50,000; prepared by Jurgiel hereunder shall become Owner’s property or (ii) the total dollar value of the applicable Work Order. Jurgiel is upon final payment for Jurgiel’s Services. Jurgiel shall retain not responsible for any special, incidental, indirect, or copies of all deliverables for its files. Owner acknowledges that consequential damages (including loss of profits) incurred by such deliverables are not intended or represented to be suitable Owner as a result of Jurgiel’s performance or nonperformance of for reuse by Owner or others on any extension of the project or Services. Any claim shall be deemed waived unless made by on any other project. Reuse of the deliverables by Owner or third Owner in writing and received by Jurgiel within one (1) year of parties without the opportunity for adaption by Jurgiel and absent completion of the Services with respect to which the claim is Jurgiel’s written consent, shall be at the Owner’s sole risk. made. 5. Limitation on the Scope of Services: Owner acknowledges 8. Owner’s Indemnification of Jurgiel: Owner shall indemnify that (i) Jurgiel has had no role in generating, treating, storing, or and hold harmless Jurgiel and its shareholders, directors, officers, disposing of hazardous or toxic substances, pollutants and employees, and agents from and against any and all losses, contaminants or other waste materials (“Waste Materials”) which damages, claims, liability and costs, and expenses incidental may be present at the Project site; and (ii) Jurgiel has not thereto (including costs of defense, settlement, and reasonable benefitted from the processes that produced such Waste attorney’s fees) which any or all of them may hereafter incur, be Materials. Any Waste Materials encountered by or associated with responsible for or pay out as a result of bodily injuries (including Services provided by Jurgiel on the Project shall at no time be or death) to any person, or damage (including loss of use) to any become the property of Jurgiel. Nothing contained within this property (public or private), or contamination of, or adverse effects Agreement shall be construed or interpreted as requiring Jurgiel on the environment, arising out of, or which are connected with (i) to assume the status of a generator, or a storage, treatment, or a release of Waste Materials relating to the condition of the disposal facility as those terms are defined by the Resource Project site prior to the commencement of the Services by Jurgiel, Conservation and Recovery Act of 1976 (“RCRA”), or any state (ii) the negligent acts negligent omissions or willful misconduct of statute or regulation governing the generation, treatment, storage, Owner or Owner’s employees, agents, or subcontractors, or (iii) or disposal of hazardous waste or solid waste. If the work includes Owner’s breach of Agreement. the transportation of Waste Materials from the Project site, Jurgiel may evaluate and recommend possible disposal sites for Owner’s DEFINING RISKS IN YOUR ENVIRONMENT SINCE 1978 www.Jurgiel.com
Mr. Chris Amenn Fire Chief City of Shrewsbury July 22, 2020 Page 4 9. Required Disclosures by Owner: Owner shall provide Jurgiel 15. Survival: All obligations arising prior to the termination of this all information which is known or readily accessible to Owner Contract and all provisions of this Contract allocating which may be reasonable and/or necessary for completion of the responsibility or liability between Owner and Jurgiel shall survive Services by Jurgiel. Prior to the commencement of the Services the completion of Services hereunder and the termination of this on a Project, or at any time thereafter when new information Contract. becomes available to Owner, Owner will provide prompt, full and 16. Equal Employment Opportunity: If Owner is required by law complete disclosures to Jurgiel of known or potentially hazardous to obtain a pledge of compliance from Jurgiel in its performance conditions or risks to the health or safety of Jurgiel’s employees, of the Services under this Contract, Jurgiel agrees to comply with agents, and subcontractors which may be encountered at the the Equal Employment Opportunity and Affirmative Action Project site or in connection with the performance of the Services. Requirements of Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and/or the Vietnam Era Veteran’s 10. Force Majeure: Neither the Owner or Jurgiel shall hold the Readjustment Act of 1974. other responsible for damages or delays in performance caused by Force Majeure or other events beyond the control of the other 17. Governing Law: This Contract shall be governed by, party and which could not reasonably have been anticipated or construed, and interpreted in accordance with the laws of the prevented. For purposes of this Agreement, Force Majeure shall State of Missouri, excluding any choice of law rules which may include, but not necessarily be limited to, adverse weather direct the application of the laws of any other jurisdiction. conditions, floods, epidemics, war, riot, civil unrest, strikes, lockouts, and other industrial disturbances; unknown site 18. Legal Arbitration: If a dispute arises out of or relates to this conditions, accidents, sabotage, fire, loss of permits, failure to Agreement or its breach, the parties shall endeavor to settle the obtain permits; court orders; acts of God; and acts, orders, laws dispute first through direct discussions. If the dispute cannot be or regulations of any governmental agency. Should such acts or settled through direct discussions, the parties shall endeavor to events occur, the parties to this Agreement shall mutually agree settle the dispute by mediation under the Construction Industry on the terms and conditions upon which the Services may be Mediation Rules of the American Arbitration Association. The continued. location of the mediation shall be the location of the Project. Once a party files a request for mediation with the other party and with 11. Termination: This Agreement may be terminated by either the American Arbitration Association, the parties agree to party upon thirty (30) days written notice to the other party. commence such mediation at any time after the first session, but Irrespective of which party shall affect termination or the cause the decision to terminate must be delivered in person to the other therefor, Owner shall, within thirty (30) days of termination, party and the mediator. Engaging in mediation is a condition compensate Jurgiel for Services performed and for costs incurred precedent to any other form of binding dispute resolution. The up to the time of termination, as well as those associated with cost of mediation proceedings shall be shared equally by the termination and post-termination activities, such as parties participating. The prevailing party in any dispute arising demobilization, modifying schedules, reassigning personnel, out of or relating to this Agreement or its breach that is resolved decontaminating and/or disposing of equipment, disposal, and by any other form of binding dispute resolution shall be entitled to replacement of contaminated consumables. At any time after the recover from the other party reasonable attorney’s fees, costs, total compensation payable to Jurgiel under this Contract exceeds and expenses incurred by the prevailing party in connection with $25,000, both parties agree to work in good faith to implement a such dispute resolution process. more comprehensive contract for the provision of additional Services. 19. Safety of Jurgiel Employees: If at any time during the performance of the Services, Jurgiel believes the safety of its 12. Site Access: Owner grants to Jurgiel the right of entry to the employees, agents, subcontractors, or any other person is in Project site by Jurgiel, its employees, agents, and subcontractors, jeopardy, Jurgiel reserves the right to immediately suspend the to perform the Services. If Owner does not own the Project site, performance of the Services until such condition is remedied, or if Owner warrants and represents to Jurgiel that Owner has the such condition cannot be remedied to the satisfaction of Jurgiel, authority and permission of the owner and occupant of the Project Jurgiel may terminate this Agreement in accordance with site to grant this right of entry to Jurgiel. If, during the proper Paragraph 11. performance of the Services, Jurgiel damages or alters a Project site owned by a third party, Owner agrees to pay the cost of 20. Project Delays: If Jurgiel is delayed at any time in the restoring the Project site to the condition of the Project site prior progress of the Services for any specific activity under a Work to the performance of the Services, except to the extent caused Order (i) by an act failure to act, or neglect of Owner or Owner’s by Jurgiel’s negligent acts or omissions in the performance of the employees or any other party; (ii) by changes in the scope of Services. Services; or (iii) by delay authorized by Owner and agreed to by Jurgiel; then the time for completion shall be extended and an 13. Entire Contract: This Contract constitutes the entire equitable adjustment made to the compensation if delays caused agreement between the parties and supersedes any and all prior by any of the above events result in additional costs to Jurgiel. written or oral agreements existing between the parties. This Contract may be amended only by written instrument signed by each party. 14. Precedence: This Contract shall take precedence over any inconsistent or contradictory provisions contained in any Owner- issued purchase order, requisition, notice to proceed, or like document regarding the Services. DEFINING RISKS IN YOUR ENVIRONMENT SINCE 1978 www.Jurgiel.com
June 15, 2021 Chief Lisa Vargas Shrewsbury Police Department 4400 Shrewsbury Avenue Shrewsbury, MO 63119 Dear Chief Vargas Utility Associates, Inc. (UA, herein) is honored that your Department is considering our Company to provide its Officers with the Rocket IoT™ solution. We take great pride in our Law Enforcement Partnerships and look forward to adding your Department to the growing family of Departments and Agencies who have deployed Rocket IoT – the industry’s smartest technology for first responders. Please allow this letter to serve notice that UA agrees to the following provisions as part of the service agreement that The Shrewsbury Police Department intends to enter into with our Company: 1. Services Pricing Proposal: a. Vehicle video & communications systems to support a total of 7 vehicles b. Vehicle communications systems to support an additional 3 vehicles c. BodyWorn™ Cameras to support a total of 20 Officers d. Period of agreement = Five (5) years from date of authorized signature e. Total system price: covering the scope and quantities specified in this offer for service - Includes all hardware, software licenses, BodyWorn generated data storage/retrieval, warranty, support, and rebates of for a period of Five (5) Years for: $181,625.00 2. Bill of Materials Included with the Offer: As part of the annual subscription price for Five (5) years, each system will include the following: Rocket IoT Vehicle Video/Communications/Camera triggers - Includes AVaiLWeb™ SaaS, Training and Configuration, Warranty and Technical Support with Unlimited BodyWorn Generated Video Storage and Download. Every Officer/Deputy (Qty. 20) will be equipped with the following: a. One (1) BodyWorn™ Camera and Mount b. One (1) Holster Activation Sensor c. One (1) Bluetooth BodyWorn Wrist/Belt Trigger d. $200 Uniform Allotment, Towards Any Combination of New BodyWorn Ready Uniforms, per BodyWorn Camera Purchased - (Allotment May Not be Applied to www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707
Any Other Products or Services and is surrendered if not used within 90 Days from Date of Purchase) e. Officers may choose to have either 1 existing load bearing vest made BodyWorn ready or up to five (5) retrofits of existing uniform garments, to BodyWorn ready status per BodyWorn camera purchased. Additional uniforms after initial deployment will be governed by Customer Service Agreement, section 1.1.6. f. AvailWeb Video Management Software and Mapping Interface License g. Unlimited BodyWorn Generated Download & Storage – Based on Department’s Retention Policy h. Smart Redaction Software License i. Installation and Training – Onsite and Online Training Included j. CAD Integration and Activation k. Full Warranty l. 24/7 Technical Support for the Life of the Contract (60 months) Every Vehicle (Qty. 7) will be equipped with the following: a. Rocket IoT™ Vehicle Control Unit, DVR, and Communications Hub b. Rocket IoT Vehicle Triggers c. Front and Rear HD Cameras d. Tablet Video Interface (validate) e. Installation, Validation, and Configuration f. OBDII Vehicle Diagnostics Cable g. CAD Integration and Activation h. Full Warranty i. 24/7 Technical Support for the Life of the Contract (60 Months) Every Vehicle (Qty. 3) will be equipped with the following: a. Rocket IoT™ Vehicle Control Unit, DVR, and Communications Hub b. Rocket IoT Vehicle Triggers c. Installation, Validation, and Configuration d. OBDII Vehicle Diagnostics Cable e. CAD Integration and Activation f. Full Warranty g. 24/7 Technical Support for the Life of the Contract (60 Months) For high-speed wireless video offload, Utility Inc. will provide one (1) Smart WayPoint. Normally, this is deployed at the primary offload location, or Headquarters. Should the Office wish to have alternate offload locations, additional Smart WayPoints can be purchased, installed, with five (5) years of services and support for $15,800/ea. See (7) below for details about Smart WayPoint connectivity. www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707
3. Additional Units – Post agreement execution : Additional units, outside the scope of this offer, are subject to price increases, and will be quoted separately as requested of UA personnel a. Additional services quoted subsequent to this offer for service are quoted in 5-year increments b. Services added, will extend the effective life of the original agreement to the end term of the most recent services contracted, regardless of quantities secured 4. Installation Services: Outside the scope of this offer, any Additional Units will be Subject to the Following. a. Daily rate charges of $1,750/day are applied at a minimum of two (2) days for installs of less than ten (10) vehicles, per scheduled visit. b. A charge for deinstallation of competitor equipment is assessed at a minimum of $100 per vehicle, with disposal at the site of installation. UA recommends disposal and recycling of electronics in accordance with local regulations. c. On average, one (1) UA Field Engineer is capable of 2-3 Installations of basic RocketIoT In-car systems, per working day (dependent on-site conditions and vehicle type(s)). Working days are consecutive in order to avoid any additional fees. d. Contract services begin upon receipt of hardware. This agreement requires that the customer be capable of receiving hardware within 4-6 weeks of contract signing. e. Customer agrees to maintain all hardware in a secure storage area until time of installation is coordinated by UA project management 5. Service Level Agreement (SLA): a. The Service Level Agreement asserts 99% uptime with 24/7 Technical Support. This includes After Hours Call Back on any issues requiring immediate attention. On/Off Hour call backs will be provided on all issues directed to the 24/7 support team; this includes issues related to the upload and access to video, and any troubleshooting needed while an Officer(s) is/are on duty. b. Details of the SLA are provided in Attachment (B). 6. Terms and Options for Payment of Services: In consideration of the potential partnership between UA and the Shrewsbury Police Department we would like to extend the following special payment terms for a five-year service term. Installment Payment Option: Payment 1: Paid Upon Signature of Offer Letter $36,325.00 Payment 2: Paid Upon Year 2 Anniversary of Signing $36,325.00 Payment 3: Paid Upon Year 3 Anniversary of Signing $36,325.00 Payment 4: Paid Upon Year 4 Anniversary of Signing $36,325.00 Payment 5: Paid Upon Year 5 Anniversary of Signing $36,325.00 Total: $181,625.00 www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707
7. Network Connectivity Via Smart WayPoint (Utility Access Point): The Department is responsible for maintaining power and internet connectivity to the provided Smart WayPoint(s). The Department has the option of either (a) organizing an independent internet connection via its local provider with a minimum upload speed of 50 Mbps, or (b) connecting the Smart WayPoint to its own network. Upon execution of the contract, as part of the deployment process, a network assessment will be conducted of the Department’s upload speed for the transmission of data to the CJIS Compliant Cloud. In most cases, the Department should budget for an increase to their upload speed with their local carrier. We are privileged to work with your Department on this project. Should you have any questions, at any time, please feel free to call or email me at: 317-538-6232 or mwood@utility.com. Respectfully, Mark Wood, National Sales Director Offer Acceptance by Authorized Official: ____________________________________ Title: ____________________________________ Date: ____________________________________ cc. Michael Nark, Chief Executive Officer Amanda Havice, Chief Financial Officer John Watson, Midwest Region Business Manager www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707
Lisa Vargas Shrewsbury Police Department 4400 Shrewsbury Avenue Shrewsbury, Missouri 63119 Subject: Sole Source Documentation Dear Chief Vargas: Utility, Inc. is the only company that provides a fully integrated Body Camera, In Vehicle Camera, AVL, Automated License Plate Recognition, and High-Speed Mobile Data Communications system. All these components are combined to create a powerful stand- alone Critical Incident Management system with the unique capabilities listed below. Agencies normally utilize multiple vendors to provide these same capabilities. The Utility solution folds all these functions seamlessly into our back-end web-based application called Avail Web. It is the only system of its kind and there are no comparable alternatives that meet the specifications set forth in this document. As a result, the Utility solution has met the stringent criteria for sole source procurement by many agencies throughout the United States. In fact, most of our customers (over 200) used sole source as their method of procurement. Utility’s solution is the only solution which is completely compatible for mutual aid with the solutions used by the St. Louis County, Ladue, Bridgeton, and Creve Coeur Police Departments. Individual components of the solution as well as the entire solution are all uniquely available from Utility and are not replicable by any other vendor. The Utility solution consists of the following; (1) Rocket IoT™, our high-speed mobile data communications system, (2) BodyWorn™, our unique Android based Body Camera, and (3) Avail Web™, our web-based critical incident management, video evidence management, redaction, and AVL system. The Utility BodyWorn™ system offers the following unique capabilities to your agency: • Critical Incident Management System: Utility is the only vendor in the world that provides a complete Critical Incident Management and Situational Awareness system as the backbone of its body camera and in-car video solution. Our back-end solution, Avail Web™, is a web- based application that utilizes a Google map integration to provide real-time location awareness of both vehicles and officers. Geofencing provides the capability to monitor specific locations and automatically start and/or stop video based upon department policies and requirements. Avail Web™ is the perfect tool for managing physical and human assets at the scene of critical incidents. www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 1-800-597-4707
• Officer Down Alerts: Our unique system will notify surrounding officers, communications, and others in the event an officer goes down. Location information and turn by turn directions are provided. • No Docking Stations: We are the only vendor that does not require docking stations. Video is off-loaded in real time from the field as video is being recorded. The result is: No need for infrastructure upgrades to support docking stations Eliminates the need for officers to return to the station to off-load video Video is instantly available in the field • Uniform Integration: The body camera is integrated into the officer’s uniform using Utility’s patented mounting system. This means it is impossible for the camera to become dislodged or fall off. Additionally, our secure mounting system provides the most stable video platform available. • Real-Time Communications: The BodyWorn™ camera can be used to send and receive BOLO alerts, photos, and voice communications in the field. • Holster Sensor: The Utility holster sensor automatically starts the BodyWorn™ camera and in-car camera if the officer removes his/her weapon from the holster. This sensor is a smart device that does not indiscriminately activate all body cameras in proximity to the sensor. Instead, the sensor can be configured to activate cameras according to individual department policy. • CAD Activation: Requiring an officer to remember to activate their body camera is now a thing of the past. Utility is the only vendor that can remotely start a body camera through a call for service. Through CAD integration, the body camera is automatically started when a call for service is generated. • Foot Pursuit Activation: The BodyWorn™ camera senses when an officer is running and automatically starts the camera and alerts all officers that a foot pursuit is in progress. • Live Streaming: Unlike other camera systems, there is no distance constraints for live streaming of video. Based upon permissions, video can be live streamed from anywhere in the world that an internet or cellular connection is available. • Over the Air Updates: Because we use a smart Android-based connected body camera, we are the only vendor capable of remotely pushing software and firmware updates without the need to return to a station, dock the camera, and wait for updates. It should be noted that the technologies and functionality listed in this document comprise a unique feature set that is protected by Utility Inc.’s various patents and intellectual property rights and, therefore, are currently only available from Utility Inc. Please contact me at (317) 538-6232 should you have any questions regarding our products and services. Respectfully yours Mark Wood National Sales Director www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 404-816-0600
Customer Service Agreement INTRODUCTION This service agreement describes the levels of service that the Shrewsbury Police Department (“Client” or “Customer) will receive from Utility Associates, Inc. (“UA” or “Supplier”). Purpose The Client depends on IT equipment, software and services (the IT system) that are provided, maintained and supported by the Supplier. Some of these items are of critical importance to the Client’s business. This service agreement sets out what levels of availability and support the Client is guaranteed to receive for specific parts of the IT system. This Service Agreement forms an important part of the contract between the Client and the Supplier. It aims to enable the two parties to work together effectively. SCOPE Parties This agreement is between: The Client: The Supplier: Shrewsbury Police Department Utility Associates Inc. 4400 Shrewsbury Avenue 250 E. Ponce De Leon Avenue Shrewsbury, MO 63119 Suite 700 Decatur, GA 30030 Chief Lisa Vargas Key Contact: lvargas@cityofshrewsbury.com Amanda A. Havice (314) 647-5656 800-597-4707 contracts@utility.com Dates and Reviews This agreement begins on the Effective Date of the agreement, which is the date of signature by the Client of the accompanying Offer Letter and will run for the term of the agreement plus any extensions of such agreement. It may be revised at any point by mutual written agreement, including if there are any changes to the Client’s system. www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707
Equipment, Software and Services Covered This agreement covers only the equipment, software and services in the table below. This list may be updated at any time, with agreement from both the Client and Supplier. Item Type Number of Items Item Priority BodyWorn Camera Qty 20 Supplied by Utility 1 Bluetooth Controller Qty 20 Supplied by Utility 2 Holster Sensor Qty 20 Supplied by Utility 2 BodyWorn Ready Uniforms $200 Allotment Towards any 3 Combination of New BodyWorn Ready Uniforms, per Body Camera Purchased with a Multi-Year Service Agreement Existing Uniform Retrofits Officers may choose to have 3 either one (1) existing load bearing vest made BodyWorn ready or up to five (5) retrofits of existing uniform garments to BodyWorn ready status per BodyWorn camera purchased. Additional uniforms after initial deployment will be governed by Customer Service Agreement 1.1.6. AVaiL Web Qty Unlimited Licenses 1 Supplied by Utility RocketIoT In-Car Video and Qty 7 Supplied by Utility 1 Communications RocketIoT Communications Qty 3 Supplied by Utility CAD Integration Qty 1 Supplied by Utility CAD Activation Qty 20 Supplied by Utility Smart WayPoint(s) Qty 1 Supplied by Utility 1 *Includes all services, installation, training, and configuration of the above listed equipment and cost proposal. Exclusions This agreement is written in a spirit of partnership. The Supplier will always do everything possible to rectify every issue in a timely manner. However, there are a few exclusions. This agreement does not apply to: ● Any equipment, software, services or other parts of the IT system not listed above ● Software, equipment or services not purchased via and managed by the Supplier Additionally, this agreement does not apply when: ● The problem has been caused by using equipment, software or services in a way that is not recommended (defined as intentional neglect, misuse, or destruction of the equipment) ● The Client has made unauthorized changes to the configuration or set up of affected equipment, software or services. Unauthorized changes are defined as changes made by any www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707
party other than the Supplier to the software, hardware, or firmware that alter the system’s ability to record, upload, or view data. ● The Client has prevented the Supplier from performing required maintenance and update tasks. ● The issue has been caused by unsupported equipment, software or other services of the Client. This agreement does not apply in circumstances that could reasonably be said to be beyond the Supplier’s control. For instance: floods, war, acts of god and so on. Regardless of the circumstances, the Supplier aims to be helpful and accommodating at all times and will do its absolute best to assist the Client wherever possible. RESPONSIBILITIES Supplier Responsibilities The Supplier will provide and maintain the IT system used by the Client. This Agreement between the Supplier and the Client includes full details of these responsibilities. Additionally, the Supplier will do the following: ● SaaS will be maintained at 99% uptime/availability or greater 24/7/365 ● Ensure relevant software, services and equipment are available to the Client including an appropriate level of spares ● Respond to support requests within the timescales listed below ● Take steps to escalate and resolve issues in an appropriate, timely manner ● Maintain good communication with the Client at all times Client Responsibilities The Client will use the Supplier-provided IT system as intended. The Client is responsible for maintaining power and internet connectivity at all video offload locations on the network. For offload via a Client approved third party or Supplier provided access point, the Client has the option of either (a) organizing an independent internet connection via its local provider with a minimum upload speed of 50 Mbps, or, (b) connecting the access point to its own network having a minimum internet upload speed of 50 Mbps. Upon execution of this Agreement, as part of the deployment process, a network assessment will be conducted of the Client’s upload speed for the transmission of data to the CJIS Compliant Cloud. In most cases, the Client should budget for an increase to their upload speed with their local carrier. Additionally, the Client will: ● Notify the Supplier of issues or problems in a timely manner ● Provide the Supplier with access to equipment, software and services for the purposes of maintenance, updates and fault prevention ● Maintain good communication with the Supplier at all times GUARANTEED RESPONSE TIMES When a Client raises a support issue with the Supplier, the Supplier promises to respond in a timely fashion. www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707
Response Times UA provides a 99% uptime/availability commitment. All systems have health monitoring that assures that issues are typically addressed 24/7/365 by UA personnel before they become an impact to the performance of the service. For support provided to the customer directly, UA has a tiered response to support that will escalate the level of support depending on the situation. Tier 1 would be on-site support by the department staff after they have been trained by UA, which will alleviate most day-to-day issues that may pop up. Problems beyond Tier 1 scope will be escalated to Tier 2, which is phone-based support, and from there to Tier 3, which is on-site technical support from a UA field engineer. The cost of the response time is included in this Agreement. While most support calls are handled immediately, Tier 2 issues have guaranteed response times as shown below: Item Priority Fatal Severe Medium Minor 1 1 Hour 1 Hour 2 Hours 3 Hours 2 2 Hours 2 Hours 4 Hours 6 Hours 3 4 Hours 4 Hours 8 Hours 16 Hours Severity Levels The severity levels shown in the tables above are defined as follows: ● Fatal: Complete degradation – all users and critical functions affected. Item or service completely unavailable. ● Severe: Significant degradation – large number of users or critical functions affected. ● Medium: Limited degradation – limited number of users or functions affected. Business processes can continue. ● Minor: Small degradation – few users or one user affected. Business processes can continue. RESOLUTION TIMES The Supplier will always endeavor to resolve problems as swiftly as possible. It recognizes that the Client’s systems are key to daily functions and must be functional in the field. However, UA is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary. In all cases, the Supplier will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to the Client. SCOPE OF SERVICES 1.1.1 Access to Software. UA is the developer and owner of, or has rights to, certain enterprise mobile device tracking and messaging software known as “AVaiL™”, “AVaiL Web”, “Vehicle Diagnostics”, and “RFID Tracking” and related content to be provided to Customer; such software, its related content and any related documentation provided by UA, and the means used to provide the software to Customer and the services described herein are collectively referred to as the “Service”. Subject to Customer’s payment of the applicable fees and Customer's compliance with the terms of this Agreement, Customer, its affiliates and its and their employees (“Licensed Users”) shall have the right to access and use the Service solely for Customer’s and its affiliates’ internal business purposes. UA will issue to one Licensed User (“Customer Administrator”) an individual login identifier and password (“Administrator Login”) for purposes of administering the Service. Using the Administrator's Login, the Customer Administrator shall assign each Licensed User a unique login identifier and password (“User Login”) and provide such information to the Licensed Users and UA via the Service. Customer shall not provide a User Login to any www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707
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