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HomeMy WebLinkAbout20220439.tiffRESOLUTION RE: APPROVE CONTRACT AND STATEMENT OF WORK FOR FIRST -IN FIRE STATION ALERTING SYSTEM INTERFACING AND AUTHORIZE CHAIR TO SIGN - LOW VOLTAGE INSTALLATIONS, INC., ON BEHALF OF WESTNET, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract and Statement of Work for First -In Fire Station Alerting System Interfacing between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and Low Voltage Installations, Inc., on behalf of Westnet, Inc., commencing upon full execution of signature, with further terms and conditions being as stated in said contract and statement of work, and WHEREAS, after review, the Board deems it advisable to approve said contract and statement of work, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract and Statement of Work for First -In Fire Station Alerting System Interfacing between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and Low Voltage Installations, Inc., on behalf of Westnet, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract and statement of work. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of January, A.D., 2022. ATTEST: &.�2 / G. �Chto•t,� Weld County Clerk to the Board Deputy Clerklo the Board Date of signature: BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO Sc K` James, Chair Mike Free an, Pro -Teri Perry L. Buc (,x .yt�ir tl 2022-0439 EC: i'r&.J r) CP\(Tp) IT001 1 OL11 °f22 7 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Contract and Statement of work for First -In DEPARTMENT: Information Technology PERSON REQUESTING: Ryan Rose"b' L' 0►'r'h'A Cfi ID�I-a5U Z. DATE: 12/27/2021 Brief description of the problem/issue: This is a contract between Low Voltage Installations, Inc on behalf of Westnet and Weld County on behalf of the Weld county regional communication center that allows the communication center to buy and license the automatic radio alerting interface with CentralSquare CAD This contract has a project cost of $432,676.76 and it was included in the budget This contract has been reviewed and approved by Karin McDougal This has also been reviewed by Tina Powell with Communications What options exist for the Board? (include consequences, impacts, costs, etc. of options): Grant authorization for the Chair to sign the contract Not sign the contract and provide additional direction for revisions. Recommendation: Weld County IT recommends the board grant approval for the Chair to sign the contract. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman 1xr� Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine 2022-0439 0/31 lToull (� WES1"1vE1� October 13, 2021 Re: Westnet First -In Fire Station Alerting System Sole Source Information To Whom It May Concern: Westnet is the inventor, manufacturer, and sole provider of First -In Fire Station Alerting Systems. Westnet maintains exclusive ownership of the equipment designs and does not license any third parties to manufacture, alter or make additions to them. Low Voltage Installations, Inca is the only dealer authorized to sell, install and service Westnet's First -In Fire Station Alerting Systems in Colorado. Please feel free to contact me if you have any questions. Best regards, Dawn Matheny Westnet, Inc. 15542 Chemical Lane Huntington Beach, CA 92649 Phone (714) 548-3500 Fax (714) 901-5610 Dawn Matheny 15542 Chemical Lane • Huntington Beach, CA 92649 • Phone (714) 548-3500 • Fax (714) 901-5610 www.FirstlnAlerting.com Weld County Regional Communications Center 4 MI Ic Statement Of Work for First -In Alerting Platform and Automated Voice Dispatch System 1 1 1. �, • SC PROJECT OVERVIEW: The purpose of this project is for the providing and installing of Westnet First -In® Alerting Platform and Automated Voice Dispatch (System). The parties to this project are: Low Voltage Installations, Inc. (LVI or "Contractor") physically located at 1260 Welch St. Golden, CO 80401 as the provider, installer, and implementer of the system and Weld County Board of County Commissioners on behalf of the Weld County Regional Communications Center (Weld County) as the "Customer" or "Client". LVI will provide and install a First -In Alerting Platform and Automated Voice Dispatch system in Weld County's primary dispatch data center located at 1950 O street and a redundant system at the secondary dispatch center located at 3105 35th ave. Upon receipt of a properly formatted alert from Weld County's CAD, the System will utilize Weld County's network and radio system to activate the Westnet Systems in Fire Stations dispatched by Weld County. Depending upon Station relays and interfaces, the various First -In Smart Station Units (Units) and/or other non -Smart Station units, if implemented (i.e., Weld County's public address system, traffic lights, stove, etc.) will emit an audible and visual indication of an incoming alert from Dispatch. 1=F3'JI-1Yf-'� The Exhibits listed below are incorporated into and made a part of the Contract. In interpreting these Exhibits any inconsistency between the Exhibits will be resolved in the order in which they are listed. Exhibit A Warranty Exhibit B Contract Price and Deliverables Exhibit C Payment Schedule Exhibit D Acceptance Test Plan Exhibit E Final System Acceptance Certificate Exhibit F Maintenance and Support Statement of Work Exhibit G WELD COUNTY'S TERMS AND CONDITIONS PROJECT SCHEDULE: The estimated project timeline starts upon the execution of this Statement of Work. The timeline for completion is one -hundred and twenty (120) days from LVI's receipt of all programming information necessary to deliver the System. Factors that may expedite or delay this schedule include: each party completing their respective tasks, the technical assistance or items provided by Weld County third parties (i.e., CAD vendor) and successful completion of a project milestone. Weld County acknowledges that the system to be provided is highly customized and the result of significant resources in the design, manufacturing, programming, and shipping processes. Should Weld County, after authorizing LVI to proceed with this project, decide to cancel the project, Weld County will remain liable for all special engineering services, project coordination charges, licensed software, computers, and the cost of any Smart Station equipment already designed or programmed as of the time of the cancellation, without regard to whether that equipment was already shipped or delivered. CHANGE ORDERS: No changes to this SOW that result in additional charges will be implemented without an approved written Change Order executed by both parties. LVI TO PROVIDE: 1. The Deliverables as listed in Exhibit C. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 1 2. Installation of the Deliverables. 3. Participation in on -site acceptance testing as listed in Exhibit E. 4. An LVI Representative at the conclusion of the installation to certify the installation and provide operator training. 5. Project management and coordination with Weld County technical staff on system configuration. 6. A one (1) year warranty per Exhibit B. The warranty and technical support period commence upon completion of the Acceptance Testing Plan. WELD COUNTY TO PROVIDE: 1. Complete and return to LVI all RFI documents and provide written approval of a completed Voice Track Configuration Sheet thirty (30) days prior to scheduled equipment shipment. Project completion is dependent upon the timely receipt of completed ZIRDs (Zone, Incident, Response, and District level announcements) and Pre -Alert Tones. 2. Prior to LVI mobilization, a Westnet-approved remote escorted IP access connection for remote system adjustments, maintenance, troubleshooting and updates shall be verified at each location where installation is to be completed. 3. Removal or disposal of any existing equipment. 4. Any interfaces in Dispatch (i.e. CAD or radio console) or licenses to other dispatcher centers. 5. Locked storage for the equipment. Weld County will bear the risk of loss on the equipment once it has been delivered to Weld County or has been permanently affixed to the dispatch center. 6. All antivirus and operating system updates for any Dispatch or station computers supplied for or used in this project. Weld County will need to schedule the updates with Westnet to minimize system interruption. 7. Provide a minimum of five (5) business day notice to LVI should Weld County need to postpone the scheduled installation or any project -related visits. Remobilization charges may apply if Weld County has not provided all items listed in this Statement of Work prior to the scheduled installation and if LVI is unable to reasonably continue work at another Weld County location. 8. Adequate space to install the System. 9. Provide the radio equipment necessary for integration. The installed radio equipment includes, but is not limited to, a properly operating radio, installed outside antenna and feedline, and a lightening arrestor with a five -ohm earth ground circuit connected to the radio antenna lightning suppressing circuit. The radio must produce an acceptable level of signaling, as well as an acceptable level of Dispatch voice audio. An acceptable level of signaling shall be a fixed line level output of 500 millivolts peak -to -peak of Dispatch audio and alerting data (e.g., DTMF, P25, Digital, 2 -tone sequential, etc.). 10. Access for Westnet to install, at its discretion, a Westnet-owned Performance Monitoring Computer in Dispatch. The computer is used to administer technical support and maintenance services. The computer will be returned to Westnet at the conclusion of the warranty and/or maintenance period. 11. Technical assistance on integration with Weld County equipment to be integrated with the alerting system (e.g., radio, network equipment). 12. Provide LVI with any other support to ensure successful installation and integration of the alerting Systems. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 2 DEPENDENCIES AND ASSUMPTIONS: 1. If during the installation process, Westnet suspects or encounters asbestos or other hazards, LVI will inform Weld County. LVI will use best efforts to utilize alternate installation methods but will not drill any holes or disturb the asbestos in the related area. LVI shall have no liability to Weld County, its employees or to any other persons for any asbestos related claims, including, without limitation, removal or cleanup costs, loss of use, lost profits or personal injury or property damages. 2. LVI will use best efforts to conceal all wiring. However, due to installation limitations (i.e., the possibility of asbestos, inaccessibility), certain cables and raceway may need to be surface -mounted, or devices relocated to a more practical location. LVI understands that the term "optimal" is subjective. Although LVI will attempt to place the equipment in Weld County's desired locations, LVI reserves the right to place the equipment in the safest and most beneficial location for system performance. 3. Any issue affecting the installation such as corrections or repairs, discrepancies among Weld County personnel regarding the placement, mounting methods or other installation matters, must be resolved within twenty-four (24) hours while LVI personnel is on -site. If such resolution does not occur, LVI may bill Weld County and Weld County agrees to pay for any standby time until such discrepancy is resolved. EXCLUSIONS: Unless specifically stated otherwise, the following items are excluded from the goods and services to be provided by LVI: 1. Any equipment not listed in the Contract Deliverables Schedule (Exhibit B), including, but not limited to, access doors and hatches. 2. Spare/loaner equipment unless an on -site warranty is purchased. 3. Westnet does not warranty equipment provided under this Statement of Work should a party other than LVI or Westnet trained installer install or integrate any non-Westnet equipment into the alerting or dispatch systems. An exception to this is the CAD interface and Weld County's radio system. 4. Westnet and/or any LVI-supplied equipment will not make a recommendation as to which apparatus or personnel are assigned to an emergency call. Rather, Dispatch personnel, the CAD and/or any other Weld County mechanism are responsible for equipment and personnel assignment. 5. Weld County will be notified of any non-functioning Weld County equipment. LVI's proposal only includes repair or replacement of any Weld County -owned systems that is covered under maintenance (Exhibit F). Maintenance after the conclusion of the 1 year warranty is not included in this agreement. Pricing and terms for maintenance after the 1 year warranty is provided (Exhibit F) and will be invoiced separately. 6. LVI's pricing does not include any new circuits, breakers or upgrades to the electrical system or wiring to the emergency panel or generator. 7. Aesthetic restoration of installation areas (e.g., color/texture matching), of ceilings, walls, or conduit runs, beyond what LVI determines is commercially viable. 8. Taxes and Permit Fees: Unless specifically included in Exhibit B, the Contract Price excludes federal, state, or local sales, use, or other taxes (other than federal, state, and local taxes based on Westnet's income or net worth), all of which will be paid by Weld County except as exempt by law. Any increases in any tax rate as listed in the Contract shall be reimbursed by Weld County. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 3 9. Weld County agrees to pay or reimburse Westnet for all permit fees, fees by others, time expended in drafting and submittal of permits, and related expenses unless specifically listed in the amount in Exhibit B. If permits are required, Weld County agrees to pay for permit fees, permitting costs, permit expediting fees, as well as additional project management fees, if submitted and approved by Weld County before installation or work in performed. In witness whereof, the parties hereby agree to this Statement of Work on the dates set forth below. LOW VOLTAGE INSTALLATIONS, INC. By: Name: Shawn Tank Title: Vice President Date: 12/27/2021 Weld Card of County Commissioners By: Name: Scott K. James Title: Date: BOCC Chair JAN 3 12022 SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 c,22o _O4L Page 4 EXHIBIT A WESTNET, INC. STANDARD LIMITED WARRANTY Westnet, Inc. ("Westnet') is providing its Standard Limited Warranty ("Limited Warranty") covering the First- InTM° products, parts, components, software and systems purchased by Customer (collectively, the "Product"). If Westnet, or an authorized Westnet subcontractor performs the installation, such installation service will be deemed to be part of the Product for purposes of this Limited Warranty. Warranty Commencement Date: When Westnet, or an authorized Westnet subcontractor, installs the Product, this Warranty shall commence upon the (1) first beneficial use of the Product by Customer, or (2) when installation is complete, whichever occurs first. In all other instances, this warranty commences upon delivery. This Limited Warranty is not extended if Westnet repairs or replaces the Product. Scope of Warranty: Westnet warrants exclusively to Customer that the Product will be free from defects in material and workmanship for a period of one (1) year from the Warranty Commencement Date. Westnet will perform all warranty work at its service location only, unless Westnet agrees, in its sole discretion, to perform at Customer's location. Customer's exclusive remedy for any breach of this Limited Warranty will be either (1) the repair or replacement, at Westnet's option, of the non -conforming Product, or (2) at Westnet's sole discretion, reimburse Customer the purchase price paid by Customer for the Product, provided Customer has returned the Product to Westnet. Repairs may be made with either new or reconditioned components and will be shipped to Customer at the expense of Westnet. Any replaced Product becomes the property of Westnet. Limitations/Exclusions: This Limited Warranty applies only if Westnet confirms that the alleged defect or non-conformance exists and was not caused by Customer's or any third person's misuse, negligence, improper installation or testing, or unauthorized attempts to open, repair or modify the Product, or by accident, fire, water, lightening, power cuts or outages, power or telephone line transients, viruses, other hazards, or acts of God, or by any other cause beyond the range of intended use in accordance with the Product's normal usage and Westnet's published instructions. This Limited Warranty does not cover the following: (1) Any parts and cabling used in the installation of a Product unless Westnet or an authorized Westnet subcontractor (and not Customer or a third party installation company) performs the complete installation, (2) Physical damage to the surface of the Product after its delivery to Customer, including cracks or scratches on the LCD or outside casing, (3) When the malfunction results from the use of this Product in conjunction with other products, or ancillary or peripheral equipment, and Westnet determines there is no fault with the Product itself, (4) Any defect or malfunction of the Product due to any communications software or device Customer may use with the Product, (5) Any damages to or defects in the delivered Products that are observable in a reasonable visual inspection unless a Claim is made in writing to Westnet within thirty (30) days after the date of delivery. This Limited Warranty does not cover loss or damage of any kind resulting from any delay in delivery. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY AND WESTNET'S STATUTORY WARRANTY OF GOOD TITLE, WESTNET MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCT COVERED HEREBY, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, OR (SUBJECT TO THE INFRINGEMENT PARAGRAPH SET FORTH HEREIN) NONINFRINGEMENT OF PATENTS OR OTHER PROPRIETARY RIGHTS. NO EMPLOYEE, AGENT OR REPRESENTATIVE OF WESTNET IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF WESTNET RELATING TO THE PRODUCTS EXCEPT TO THE EXTENT SPECIFICALLY STATED HEREIN. WESTNET NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF THE PRODUCTS. Warranty Claims: In order to make a Claim under this Limited Warranty, Customer must first notify Westnet in writing not more than one (1) year after the Warranty Commencement Date. Notice must be sent to: Westnet, Attention Warranty Department, 15542 Chemical Lane, Huntington Beach, California 92649 SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 5 or can be faxed to (714) 901-5610. Inquiries regarding this Limited Warranty can also be directed by phone to (714) 548- 3500. Upon receipt of written notice, Westnet will first, at its option and expense, inspect the Product in its installed location. Unless otherwise waived by Westnet in writing, Customer must return the alleged non -conforming Product to Westnet's designated service center. Customer shall be responsible for all expenses associated with the transportation to/from Westnet's designated service center. Westnet shall not be liable for any damage incurred in the transportation of Product to/from Westnet's designated service center. LIMITATION OF LIABILITY: IN NO EVENT SHALL WESTNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL) COST OF CAPITOL OR COST OF COVER ARISING OUT OF OR RELATING TO CUSTOMER'S SELECTION, ORDERING, DELIVERY, PURCHASE, USE, RESALE OR DISTRIBUTION OF THE PRODUCT, EVEN IF WESTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AGGREGATE LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF WESTNET, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THE PRODUCT, EXCEED THE PURCHASE PRICE OF THE PRODUCT. IT IS INTENDED THAT THIS LIMITATION WILL APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION, EXCEPT FOR THAT PROVIDED FOR IN THE INFRINGEMENT PARAGRAPH SET FORTH HEREIN, HOWEVER ALLEGED OR ARISING. INFRINGEMENT. Westnet agrees to defend Customer and to pay (1) any damages award issued by a court of competent jurisdiction against Customer, and (2) direct expenses, including reasonable attorneys' fees (but excluding any lost revenues, lost profits or other consequential economic damages of Customer) as a result of any action brought against Customer, if and to the extent the action is based on a valid claim that any Product purchased by Customer under this Agreement infringes another person's U.S. patent, copyright, trade secret or trademark. Westnet will not have liability for, and Customer will defend Westnet against, and pay any damages awarded against Westnet and direct expenses, including reasonable attorneys' fees (but excluding any lost revenues, lost profits or other consequential economic damages of Westnet) to the extent the claimed infringement is based on or results in any material part from (a) any use of the Product other than in accordance with Westnet's published instructions, (b) any unauthorized modification or alteration of the Product, (c) any combination or use of the Product with any other product or system or technologies not supplied by Westnet; (d) Westnet's compliance with Customer's design or specifications, or (d) any refusal to accept or use suitable modified or replacement Products provided by Westnet to avoid infringement. Westnet's obligations under this paragraph will be conditioned upon Customer promptly notifying Westnet in writing of the existence of any such claim, giving Westnet full authority to conduct the defense and settlement of the claim, at Westnet's expense and with counsel of Westnet's selection, and cooperating fully with Westnet and such counsel. This Limited Warranty will be governed by the laws of the State of Colorado, U.S.A., excluding their conflicts of laws principles. The United Nations Convention of Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 6 FXHIRIT R CONTRACT PRICE AND DELIVERABLES Low Voltage Installations Estimate 1260 Welch ST GOLDEN, CO 80401 US 303-250-6870 shawn@lvoltage.com www.lvoltage.com ADDRESS Weld County Regional Communications Center ESTIMATE # DATE EXPIRATION DATE 4573 06/14/2021 08/16/2021 SALES REP ST PRODUCT OR SERVICE This is a quote for WCRCC to alert the current First -In stations from the Central Square CAD and the First -In Alerting Automated Voice Dispatch System including installation and one year of technical support and onsite maintenance. The quote does not include the Central Square interface to drive the First -In Alerting System. Network connectivity between WCRCC and stations is a responsibility of the client. Customer to provide VPN access to Westnet for remote adjustments and support. The (9) Platform Station Licenses for 6 Mountain View Fire Stations, 1 Ft. Lupton Fire Station and 2 Greeley Fire Stations are in separate estimates. Licensing ($1385 per station) and dispatch integration costs ($1850 per station) for future stations will be included with station install costs. Stations without a First -In MCU will be integrated for Automated Voice Dispatch, but will incur no cost for IP alerting. The Standard Server will be used to host the First -In Automated Voice Dispatch System. The client will need to provide a radio for each of the 6 talkgroups to integrate with the First -In Radio Interface Controllers, and the installed radios will need an outside antenna with proper grounding. Customer will provision 2 dedicated VM with licensed Windows 2016 or newer OS For the primary and secondary First -In Alerting Platform. The quoted AVD system includes two AVD license's. One license will be dedicated for Greeley Fire while NW, NE, Central, SE, and SW fire agencies will share the second AVD license. Agencies that share an AVD license will operate in a stacked - first -in first -out process. Quote includes a full RIC and RIC lite for a total of 6 radio interfaces to be used for the 6 fire agencies used by AVD. Customer is to provide information detailing what two-tone data is to be used for each fire agency with a resource mapping, if applicable. The First -In Automated Voice Dispatch (FiAVD) feature of the First -In Fire Station Alerting System provides the fire/rescue department and the dispatch center a quick, consistent means of providing automated, complete dispatch information to the responding emergency personnel. QTY RATE AMOUNT Late Payment Penalty. With respect to the unpaid amount of any invoice not paid in full within 30 days of receipt, a finance charge of 1.5% per month, payable from the date of the invoice to the date payment is received, shall be due and payable to Low Voltage Installations. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 7 PRODUCT OR SERVICE QTY RATE AMOUNT Management of FIAVD is performed by dispatch center personnel utilizing the First -In Voice Editor software which allows dispatch personnel to edit the cadence and pronunciation of particular words First -In Automated Dlsp 1 28,500.00 28,500.00 First -In Automated Dispatch System First -In Automated Disp 1 9,850-00 9,850.00 First -In Automated Dispatch System - Additional License FLAP AVD Editor 1 3,245.00 3,245.00 FLAP AVD Editor First -In Automated Dlsp 1 6,850.00 6,850.00 First -In Automated Voice Dispatch System HA First -In Automated Dlsp 1 4,850.00 4,850.00 First -In Automated Voice Dispatch System Additional License - HA First -In Alerting Platform Clio 1 2,500.00 2,500.00 First -In Alerting Platform Client License Package (5 Licenses) First -In Dispatch computer 1 1,950.00 1,950.00 Dispatch Computer with Alerting Client Software First -In Alerting CORE HA serve 3 2,492.50 7,477.50 First -In Alerting Platform 5 Station Package for HA server First -In Alerting Platform Software 1 19,450.00 19,450.00 First -In Alerting Platform Core Software (Client/Server) FiAP CORE HA Software 1 15,560.00 15,560.00 First -In Alerting Platform Core Software(Client/Server) HA First -In Alerting Platform stan 2 4,620.00 9,240.00 First -in Alerting Platform Standard Server RAP -SQL Standard Server 2019 2 1,275.99 2,551.98 Microsoft SQL Standard Server 2019 for First -In Alerting Platform First -In RIC 4 15,872.00 63,488.00 First -In Radio Interface Controller (Lite) with 2 Keypads First -In RIC 2 48,750.00 97,500.00 First -In Radio Interface Controller w/ 5 alerting keypads First -in Configuration 1 59,740-00 59,740.00 FiAP Install, Commissioning and Testing - Westnet WestNet 1yr 2417 Tele Support 1 36,201.93 36,201.93 One Year 24/7 Telephone support - Westnet WestNet FLAP Training 1 7,540.00 7,540-00 WestNet FLAP Training Freight Charges 1 4,780.63 4,780.63 Westnet Shipping and handling Westnet Project Coordination 1 4,625.00 4,625.00 Project Coordination Commscope Cat5e Plenum Red 950 0.28 266.00 CAT5e plenum Red RJ-45 24 0.73 17.52 8 Pin Modular plug / RJ-45 7' Cat5 patchcord 24 8.05 193.20 7' CAT6 patch cord Installation Labor 1 120.00 120.00 Install Supplies Installation Labor 1 46,180.00 46,180.00 Late Payment Penalty. With respect to the unpaid amount of any invoice not paid in full within 30 days of receipt, a finance charge of 1.5% per month, payable from the date of the invoice to the date payment is received, shall be due and payable to Low Voltage Installations. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 8 PRODUCT OR SERVICE QTY Installation, Integration, Testing and Training for dispatch equipment. RATE AMOUNT''. Thank you for the opportunity to bid on your project TOTAL $432,676.76 Accepted By Accepted Date Late Payment Penalty. With respect to the unpaid amount of any invoice not paid in full within 30 days of receipt, a finance charge of 15% per month, payable from the date of the invoice to the date payment is received, shall be due and payable to Low Voltage Installations. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 9 EXHIBIT C LVI PAYMENT SCHEDULE Summary of Project Costs Description Total Project Weld County Regional Communications Center First - In Alerting Platform and Automated Voice Dispatch $ 432,676.76 System PROJECT MILESTONE EXHIBIT PROJECT COST % INVOICE AMOUNT 1 Preproduction/Contract Signature n/a 50% $ 216,338.38 2 Due Upon Installation n/a 40% $ 173,070.70 3 Due Upon Final Acceptance Exhibit E 10% $ 43,267.68 Total Amount: $ 432,676.76 If payment is not received within thirty (30) days from the earlier of the postmarked or emailed date of invoice, a late fee of one and a half percent (1.5%) per month of the unpaid balance will be charged and immediately due. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 10 WESlNE! EXHIBIT D ACCEPTANCE TEST PLAN Objective: The purpose of completing this Acceptance Test Plan is to achieve "System Acceptance" by demonstrating to Weld County that the installed fire station alerting system ("System") equipment is operational and properly performs the function specified herein. Upon successful execution of this ATP, the System will have achieved "System Acceptance". Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance, but will be corrected according to a mutually agreed upon schedule. In the event that a part of the System does not pass the ATP, the System will be re -tested when Westnet determines that a corrective action has been taken to ensure proper operation. Final System Acceptance will occur after System Acceptance and when all deliverables and other work have been completed. When Final System Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the Final System Acceptance Certificate. The scope of this ATP is limited to the System supplied by LVI. It does not include any other equipment or systems upon which the alerting system, once in use, relies for proper activation and function (i.e. Weld County's CAD, radio, network and/or electrical systems). In addition to other requirements Test Schedule: LVI and Weld County will conduct the ATP at a mutually agreed -upon time and date once LVI informs Weld County that the System is ready for acceptance testing DISPATCH First -In Alerting Platform (FiAP): This ATP will test the First -In Alerting Platform by relaying the Central Square CAD dispatch information and activating the station Master Control Unit. 1. Upon activation from the CAD, the FiAP will automatically activate the appropriate station and units, and will relay the incident type, incident address, and other information provided by the CAD. This information will be relayed over the County's network to the appropriate fire agency network for routing to the station. Pass Fail N/A Notes: SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 11 2. With the network cable from MCU unplugged, the FiAP will sense the lost connection and will activate the station MCU. The FiAP screen will also display a lost connection message and an audible alarm will sound. The visual display of the lost connection will no longer appear once the network connection is reestablished. Pass Fail N/A Notes: 3. From the FiAP client screen, a station alert will be created by selecting the station, units, incident type, and geographical identifier (if used). Upon activating the Send button, the station MCU will be activated and the units, incident type, and geographical identifier will be played over the station speakers. Pass Fail N/A Notes: 4. With the network cable from MCU unplugged, the FiAP will sense the lost connection and will activate the station MCU. Pass Fail N/A Notes: Next Action Item: Automatic Voice Dispatch Methodology: This ATP will test the Automated Voice Dispatch System by automatically announcing the alert information over Weld County's digital trunked radio system. For maintenance purposes, the Automated Voice Dispatch System will also allow Weld County to use the Voice Editor Software to customize the speech, cadence, and pronunciation of the words. 1. Upon activation from the FiAP, the Automated Voice Dispatch will automatically announce the unit number, incident type, incident address, and other information (i.e. radio channel), provided by the FiAP. This information will be transmitted over Weld County's digital trunked radio system. Pass Fail N/A Notes: 2. Utilizing the Automated Voice Editor Software, Weld County shall be able to edit and customize the speech, cadence, and pronunciation of the words. Weld County shall then be able to upload the changes into the Automated Voice Dispatch System database file. SOW For First -In Alerting Platform and Automated Voice Dispatch System - 2021 Page 12 WESTNU Pass Fail N/A Notes: Next Action Item: Radio Interface Controller Methodology: The ATP will test the First -In Radio Interface Controller (RIC) for automatic and manual activation of the fire station alerting systems. The Radio Interface Controller (RIC) shall automatically be activated from the First -In Alerting Platform (FiAP) as soon as the FiAP detects that the primary alert was not successful. Without any action required on the part of the dispatcher, the RIC will send the alert to the proper station and units assigned to the call. Pass Fail N/A Notes: 2. Using the manual keypad of the RIC, Weld County will be to select the station and units to activate the Master Control Unit in the selected fire station(s). Pass Fail N/A Notes: Next Action Item: The following representatives witnessed the acceptance testing: Client or End -User Representative LVI Representative Date Date Alexandria Statement of Work - Page 13 C� I WES1NET EXHIBIT E FINAL SYSTEM ACCEPTANCE CERTIFICATE The signature below serves as verification that the System has passed Acceptance Test Plan and that all deliverables and work have been completed. Client Representative Date Printed Name & Title SOW For First -In Alerting Platform and Automated Voice Dispatch System - 2021 Page 14 EXHIBIT F MAINTENANCE AND SUPPORT STATEMENT OF WORK 1. SCOPE OF SERVICES LVI will provide comprehensive turnkey maintenance and support services for the installed First -In Fire Station Alerting System, ensuring all components are operating at peak performance in accordance with factory specifications in effect at the time the equipment was purchased. The Services to be provided under this agreement include the following: • One year, 24/7 toll -free technical support • Repair and/or replacement of malfunctioning units (except UPS) • Spare equipment delivered the next business day (and Saturdays where available) • Remote diagnostic analysis and uploads, standard release software upgrades 2. RESPONSE TIMES Response times shall be determined in accordance with the Priority Level and Descriptions set forth in the following table where applicable. The response time shall commence from the time Weld County requests service or notifies Westnet of problems with the System by contacting Westnet's Call Center ('Notification"). Issue resolution may include phone support, escorted remote access, or on -site service (for issues not resolved via phone support or remote access). On -site times are calculated by after remote attempts to correct the issue are deemed unsuccessful or unavailable by Westnet. Lack of or unavailability of an escorted remote connection to any station or the dispatch center shall be considered Weld County's waiver of any response time obligation for that particular issue. LVI On -Call 24hr Support 303-250-6870 Westnet Technical Support: (800) 807-1700 Office Hours: 8:00 - 5:00 PST, Monday — Friday .. This priority level represents a significant issue that results in the inability to use the dispatching and/or alerting systems. 24/7/365 Including • Any reported trouble with LVI-supplied Dispatch System Project Equipment. 1 Holidays • Station reports that it is not receiving any form of an alert or there is no audio 3-6 Hour in any areas of the fire station. Response • Other failures that render the fire station MCU and more than five audio transmitting devices unusable. This priority level represents a moderate issue that restricts normal use of the 8:00 - 5:00 dispatching and/or alerting systems. PST, Monday — Friday • Any non -essential Dispatch Project or Fire Station device reported inoperable. 2 • Reports of receiving other stations' or companies' alerts. 2 -Business- • Requests to increase fire station volume levels within fire department - Day Response approved parameters. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 15 This priority level represents minor or non -emergency issues that do not restrict normal use of the dispatching and/or station alerting systems. 8:00-5:00 PST, Monday — Requests to decrease volume levels within fire department -approved Friday Parameters. • Add additional equipment, request programming, or voice -chip changes 3 -Business- • Requests for additional training. Day Response • Other non mission -critical matters in the dispatch centers or fire stations. 3. WESTNET'S RESPONSIBILITIES Westnet shall: A. Provide Westnet-owned spare equipment while a System component is returned to Westnet for repair or replacement. 1. Any Westnet-owned spare equipment parts provided under this Agreement are the property of Westnet. Any damage to Westnet's spare equipment parts is not covered under this Scope of Services and Weld County shall pay for the repair or replacement of the spare equipment parts. 2. Westnet may service replaceable parts, by way of new or remanufactured replacement parts to Customer on an exchange basis. Upon receipt by Weld County of the replacement part, the original part becomes the property of Westnet, and shall be returned by Customer to Westnet. Weld County shall pay Westnet the full retail value of the replacement part if Westnet provides notice to Weld County to return the original part and Westnet does not receive the original part within thirty (30) days after replacement part installation. B. Upon request, Westnet shall provide a written quote for additional work not specifically identified in this Agreement. Such work could include, but is not limited to, additions and installation of new equipment, relocation of existing equipment, upgrades (not part of Westnet standard releases) and enhancements, and other system related goods and services. If Weld County decides to proceed with the work, a new purchase order will be issued exclusively for the work to be ordered. 4. CUSTOMER'S RESPONSIBILITIES Weld County shall at all times or upon request: A. Make no modifications to the System without obtaining approval from Westnet in writing. B. Notify Westnet of any problems with the System by calling the Westnet Systems Group at 1-800-807- 1700 (Westnet's call center). C. Provide and maintain an operating 24/7 escorted remote access solution with IP access to the stations for the duration of the Agreement. Weld county does not allow un-escorted vendor VPN access. D. Ensure that the Westnet monitor computer in the Dispatch Center (if provided) has 24/7 access to all Customer fire stations and can be viewed via an escorted remote session. Weld County will return the Westnet monitor computer to Westnet at the conclusion of this Agreement and any additional extensions. E. Provide the make and model number of the radio the System is connected to. If there are any connections to this radio other than the outside antenna and the power source, Weld County will provide a diagram showing the method of connection, connector pins used, signals obtained from the radio and signals sent to the radio from other equipment. F. Provide the name, 24 -hour telephone number and position of responsible party that can be contacted SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 16 about radio communication, CAD, and network equipment. G. Provide LVI with either code -access to the dispatch or an escort that is available 24/7 and within one (1) hour of notice of an on -site visit. If training, badges or background checks are required any time during the term, Customer agrees to pay for such costs. H. Ensure that the radio antenna and lightning arrestor is installed, is installed per current engineering standards and that all lightning protection equipment is connected to a 5 -ohm earth ground by a #6 or larger cable not exceeding eight (8) feet in length between the 5 -ohm earth ground and the protected equipment. Notify Westnet prior to making any change in any equipment connected to the Alerting Platform. 5. ANNUAL MAINTENANCE PRICING �L I WESINEE 1O Year Maintenance Weld County Fire Department Annual Maintenance Dispatch Platform Maintenance Platinum (not available in all Standard One locations) Gold Silver Bronze Yea Warranty Standard Support Monday - Friday 9 a.m. - 5 p.m. (Pacific) Remote Standard Software Upgrades (via VPN) Unlimited 24 -How Toll -Free Support Standard Equipment Delivery Priority Equipment Delivery Overnight Equipment Delivery Pderlty Onsite Support(not availablein all areas) Server/Workstation Replacement Access To Hrst- s Subsaiptlan Cloud Services When Available ✓ ✓ ✓ ✓ ✓ V ✓ ✓ V ✓ ✓ ✓ x x x ✓ ✓ ✓ ✓ ✓ ✓ ✓ x x x ✓ x x x x V x x x x ✓ x x x x ✓ ✓ x x x Year 1 $ 98,281.49 $ 73,713.37 $ 49,142.25 $ 24,57L12 Included with Purchase Year 2 $ 98,284-49 $ 73,713.37 $ 49,142.25 $ 24,571.12 Included with Purchase Year 3 $ 101,233.03 $ 75,924.77 $ 50,616.51 $ 25,308,26 included with Purchase Year 4 S 101,233.03 $ 75,924.77 $ 50,616.51 $ 25,308.26 included with Purchase Year 5 5 104,270.02 $ 78,202.51 $ 52,135.01 S 26,067.51 included with Purchase Year 6 S 107,398.12 $ 80,54&59 $ 53,699.06 $ 26,849.53 Included with Purchase Year 7 $ 110,620.06 S 82,965.05 5 55,310.03 $ 27,655.02 included with Purchase Year 8 $ 113,93&66 $ 85,454.00 $ 56,969.33 $ 28,484.67 Included with Purchase Year 9 $ 117,356.82 $ 88,017-62 $ 58,678.41 $ 29,339.21 Included with Purchase Year 10 $ 120,877.53 $ 90,658.15 $ 60,438.76 $ 30,219.39 Included with Purchase Maintenance is subjectto limitations in written agreement. Force Majeure, intentional and negligent damage are excluded from coverage. All Westnet-provided cables, connections, and equipment are included in maintenance agreement. Software updates will ensure continuing functionality for Westnet Computers. Software not supplied by Westnet is excluded from updates and support. Pricing is based on uninterrupted maintenance. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 17 EXHIBIT G WELD COUNTY'S TERMS AND CONDITIONS Termination; Breach; Cure. Weld County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Westnet First -In (herein after Contractor throughout this amendment) is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ 432,676.76 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless amendment authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 18 acts and those of its agents and employees for all acts performed pursuant to this Agreement. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. Warranty. In addition to warranties described in Exhibit A, Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 19 to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability. The insurance coverages specified in this Agreement arethe minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 20 coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. SOW For First -In Alerting Platform and Automated Voice Dispatch System - 2021 Page 21 Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 22 included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. SOW For First -In Alerting Platform and Automated Voice Dispatch System — 2021 Page 23 New Contract Request Entity Information Entity Name* Entity ID* ❑ New Entity? LOW VOLTAGE INSTALLATIONS J0044999 Contract Name FIRST -IN CONTRACT ContractStatus CTB REVIEW Contract ID 5502 Contract * JTHIMGAN Contract Lead Email jthimgan co. eId.c a.tas Parent Contract. ID Requires Board Approval YES Department Project # Contract Description * THIS IS A CONTRACT BETWEEN LOW VOLTAGE INSTALLATIONS, INC ON BEHALF OF WESTNET AND WELD COUNTYTHAT ALLOWS THE COMMUNICATION CENTER TO BUY AND LICENSE THE AUTOMATIC RADIO ALERTING INTERFACE WITH CENTRALSQUARE CAD Contract Description 2 Contract Type* Department CONTRACT INFORMATION TECHNOLOGY-GIS Amount* S4J2,676.76 Department Email CM- Renewable * I nformation Tech teal ogyGIS Z NO we l dgov. coat Automatic Renewal Department Head Email CM - Grant InformationTechnologyGlS- DeptHead rreIdgov.com IGA County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTOR;N EY@W'ELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter NSA Contract ID Requested BOCC Agenda Due Date Date* 01/082022 0112/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date # Renewal Date 0111102,e.2023 Termination Notice Period Committed Delivery Date Expiration Date* 01 iO3 2023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 01 :27/2022 Approval Process Department Head Finance Approver Legal Counsel RYAN ROSE CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 01 ,'27/2022 01 27/2022 01 127/2022 Final Approval BOCC Approved Tyler Ref AG 013122 80CC Signed Date 80CC Agenda Date 01/31/2022 Originator ,JTHHIMG:AN Hello