HomeMy WebLinkAboutRCN Technologies - CradlePoint Modems with Technical Programming Services for Yakima ITS AGREEMENT
CITY OF YAKIMA RFP 11914P
CradlePoint Modems with Technical Programming Services
For Yakima Information Technology Services
THIS AGREEMENT,entered into on the date of last execution.between the City of Yakima,a Washington municipal corporation("City"),
and RCN Technologies, ("Contractor").
WITNESSETH The parties, in consideration of the terms and conditions herein,do hereby covenant and agree as follows:
1. Statement of Work
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment (collectively referred to as
"Services") according to the procedure outlined in RFP #11914P CradlePoint Modems with Technical Programming Services
Specifications which are attached as Exhibit A and incorporated herein by this reference,and shall perform any alterations in or additions
to the work provided under this Contract and every part thereof.
Delivery shall be made within 10(#)days after receipt of each order.
The Contractor shall provide and bear the expense of all equipment;work and labor of any sort whatsoever that may be required forthe
transfer of materials and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the
specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractor's Cost Proposal at the time and in the manner and
upon the conditions provided for the Contract.
Contractor is to submit properly completed invoice(s) to the address specified on the purchase order. To insure prompt payment each
invoice should cite purchase order number, RFP number(11914P), the unit fee for the product/service and the extended cost. The
invoice should also include any discount terms and include the Contractors name and return remittance address. Payment terms are
net 30 days.
3. Contract Term
The period of this Contract shall be for a period of one year from its effective date. The City may,at its option,extend the Contract on a
year to year basis for up to four additional years provided, however,that either party may at any time during the life of this Contract, or
any extension thereof, terminate this Contract by giving thirty (30) days' notice in writing to the other party of its intention to cancel.
Contract extensions shall be automatic,and shall go into effect without written confirmation, unless the City provides advance notice of
the intention to not renew.
4. Changes
Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved, change will be
made by a contract modification that will become effective upon execution by the parties hereto. Any oral statement or representation
changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Expansion &Upgrades
Contract may be further expanded by the Purchasing Buyer in writing to include any other related service(s) and products normally
offered by the Contractor,as long as the price of such additional service(s)is based on the same cost/profit formula as the listed item(s).
Any new services and products accepted by the City may be added to this contract and/or substituted for discontinued services or
products. New services and products shall meet or exceed all proposal specifications of original award.
11914P CradlePoint Modems—ITS Page 1 of 9
6. Price Increases
The Buyer may exempt these requirements for extraordinary conditions that could not have been known by either party at the time of
proposal or other circumstances beyond the control of both parties,as determined in the opinion of the Buyer.
Requests for Rate Increases must be delivered to the City Purchasing Buyer in accordance to the rules below. No other employee may
accept a rate increase request on behalf of the City. Any invoice that is sent to the City with pricing above that specified by the City in
writing within this Contract or specified within an official written change issued by City Purchasing to this contract, shall be invalid.
Payment of an erroneous invoice does not constitute acceptance of the erroneous pricing,and the City would seek reimbursement of the
overpayment or would withhold such overpayment from future invoices.
a. Discount from Manufacturer List Pricing: For all contract items that are priced as a discount below Manufacturer List prices,
there shall be no changes to the discount rate throughout the life of the contract. As manufacturer list prices change,the
net price to the City will automatically change in the same percentage as the discount rate to the City.
• The United States published indices such as the Consumer Price Index or other government data may be referenced
to help substantiate the Proposer's documentation. A link to the CPI Data is available at:
http://data.b1s.gov/PDQ/outside.isp?survev=wp
• The Adjustment(if any)shall remain firm and fixed for at least 365 days after the effective date of the adjustment.
• Should not deviate from the original contract pricing scheme/methodology
b. Fixed Product Pricing: For product and supply contracts that provide on-going,multiple year supply. Original pricing shall
be fixed and firm for the first year of the contract. Price requests are at the discretion of the Buyer;and must also be:
• The direct result of increases at the manufacturer's level(or if Proposer is a supplier of a raw material delivered
directly to the City such as cement or soil,the increase must be verified at the supplier level).
• Incurred after contract commencement date.
• Not produce a higher profit margin than that on the original contract.
• Clearly identify the items impacted by the increase.
• Be filed with Buyer(ITB Coordinator)a minimum of 30 calendar days before the effective date of proposed increase.
• Be accompanied by detailed documentation acceptable to the Buyer(ITB Coordinator)sufficient to warrant the
increase.
• The United States published indices such as the Producer Price Index or other government data may be referenced
to help substantiate the Proposer's documentation. A link to the PPI Commodity Data is available at
http://data.bls.gov/PDO/outside.isp?survey=wp
• The Adjustment(if any)shall remain firm and fixed for at least 365 days after the effective date of the adjustment.
• Should not deviate from the original contract pricing scheme/methodology.
7. Agency Relationship between City and Contractor
Contractor shall,at all times, be an independent Contractor and not an agent or representative of City with regard to performance of the
Services. Contractor shall not represent that it is,or hold itself out as,an agent or representative of City. In no event shall Contractor be
authorized to enter into any agreement or undertaking for,or on, behalf of City.
11914P CradlePoint Modems—ITS Page 2 of 9
8. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this
Contract without the prior written consent of the other.
b. The Contractor for himself,and for his heirs,executors, administrators,successors,and assigns,does hereby agree to the
full performance of all the covenants herein contained upon the part of the Contractor.
9. Accessibility
The Contractor and subcontractor for all web site designers shall agree that information featured on its web site is accessible to all
individuals, including individuals with disabilities in accordance with Section 508 of the Rehabilitation Act. Section 508 requires City of
Yakima to ensure that employees with disabilities,and members of the public with disabilities seeking information or services from City
of Yakima,have access to and use of information and data that is comparable to the access and use by employees,or members of the
public who are not individuals with disabilities,unless an undue burden would be imposed.In all cases,the Contractor and subcontractor
should incorporate provisions of the WCAG 2.0 AA as published by the World Wide Web Consortium (W3C) available at
www.w3.orq/TRNVCAG.
10. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered
to the City upon demand. All information concerning the City and said project which is not otherwise a matter of public record or required
by law to be made public,is confidential,and the Contractor will not,in whole or part, now or at any time disclose that information without
the express written consent of the City.
11. Inspection and Production of Records
a. The records relating to the Services shall, at all times,be subject to inspection by and with the approval of the City, but the
making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for
performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance. its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe,and
proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services
will be provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract
as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation payable under
this Contract,or for a longer period if required by law or by the Washington Secretary of State's record retention schedule,
Contractor shall retain and provide the City access to(and the City shall have the right to examine, audit and copy) all of
Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this
Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City,and the records relating
to the Services are City of Yakima records. They must be produced to third parties,if required pursuant to the Washington
State Public Records Act,Chapter 42.56 RCW,or by law. All records relating to Contractor's services under this Contract
must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's
records retention schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
12. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property of the City. The
City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor
produces in connection with this Contract. On completion or termination of the Contract,the Contractor shall deliver these materials to
the City.
11914P CradlePoint Modems— ITS Page 3 of 9
13. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of
completion and acceptance of the Services.
14. Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and services furnished under this contract are
warranted against defects by the Proposer, per the proposed warranty schedule, are new,conform strictly to the specifications herein,
are merchantable,good workmanship,free from defect, are fit for the intended purpose of which such goods and services are ordinarily
employed and if a particular purpose is stated in a Special/Technical Condition, the goods are then warranted as for that particular
purpose. Contractor further warrants that no violation of any federal,state or local law, statute, rule, regulation, ordinance or order will
result from the manufacturer, production,sale, shipment, installation or use of any other goods. Contractor's warranties(and any more
favorable warranties,service policies,or similar undertaking of Contractor)shall survive delivery,inspection,and acceptance of the goods
or services.
15. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise.
Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local
government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due
and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges,
fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as
required in Title 85 RCW.
c. Contractor must provide proof of a valid Washington Unified Business Identification(UBI) number. Contractor must have
a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or
36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50
RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the
City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will
promptly take all necessary measures to become authorized to conduct business in the City of Yakima at their own expense,
without regard to whether such corporation is actually awarded the contract,and in the event that the award is made, prior
to conducting any business in the City.
16. Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed,color, religion, national origin, sex, age, marital
status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical
handicap in violation of the Washington State Law Against Discrimination(RCW chapter 49.60)or the Americans with Disabilities Act(42
USC 12101 et seq.).
This provision shall include but not be limited to the following: employment,upgrading,demotion,transfer,recruitment,advertising,layoff
or termination,rates of pay or other forms of compensation,selection for training,and the provision of Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such rules, regulations,or
orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
any future City contracts.
11914P CradlePoint Modems—ITS Page 4 of 9
17. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property.
Contractor agrees to defend. indemnify and hold harmless the City,its elected and appointed officials, officers,employees,
attorneys, agents, and volunteers from any and all claims,demands, losses,liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which
result or arise out of the sole negligent acts or omissions of Contractor, its officials,officers, employees or agents.
b. If any suit,judgment,action,claim or demand arises out of,or occurs in conjunction with,the negligent acts and/or omissions
of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or
volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting
suit,judgment, action, claim, demand,damages or costs and expenses,including reasonable attorneys'fees.
c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to
this Contract, Contractor intends that its indemnification,defense,and hold harmless obligations set forth above in Section
A shall operate with full effect regardless of any provision to the contrary in Title 51 RCW.Washington's Industrial Insurance
Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification. defense, and hold harmless
obligations set forth above in Section A, Contractor specifically waives any immunity granted under Title 51 RCW, and
specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected
and appointed officials, officers, employees, attorneys, agents, and volunteers. The parties have mutually negotiated this
waiver. Contractor shall similarly require that its subcontractors, and anyone directly or indirectly employed or hired by
Contractor,and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement,shall
comply with the terms of this paragraph,waive any immunity granted under Title 51 RCW, and assume all potential liability
for actions brought by their respective employees. The provisions of this section shall survive the expiration or termination
of this Agreement.
d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any
third party.
e. The terms of this Section shall survive any expiration or termination of this Contract.
18. Contractor's Liability Insurance
At all times during performance of the Services and this Contract Contractor shall secure and maintain in effect insurance to protect the
City and Contractor from and against any and all claims,damages,losses,and expenses arising out of or resulting from the performance
of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below,as applicable. The City
reserves the right to require higher limits should it deem it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy
of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be
provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from
the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
The following insurance is required.
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of insurance as proof
of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence,
combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. If
Contractor carries higher coverage limits,such limits shall be shown on the Certificate of Insurance and Endorsements and
the City, its elected and appointed officials, employees, agents attorneys and volunteers shall be named as additional
insureds for such higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
11914P CradlePoint Modems—ITS Page 5 of 9
Contract. The policy shall name the City of Yakima, its elected and appointed officials,employees, agents,attorneys and
volunteers as additional insureds,and shall contain a clause that the insurer will not cancel or change the insurance without
first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or
higher in Best's Guide and admitted in the State of Washington. The requirements contained herein, as well as City of
Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit
or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease,and occupational health and safety laws,statutes,and regulations to the full extent applicable, and shall maintain
Employer's Liability insurance with a limit of no less than$1,000,000.00. The City shall not be held responsible in any way
for claims filed by Contractor or its employees for services performed under the terms of this Contract. Contractor agrees
to assume full liability for all claims arising from this Contract including claims resulting from negligent acts of all
subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as needed. Failure of
subcontractors(s)to comply with insurance requirements does not limit Contractor's liability or responsibility.
c. Professional Liability
The Contractor shall provide evidence of Professional Liability insurance covering professional errors and omissions.
Contractor shall provide the City with a certificate of insurance as proof of professional liability insurance with a minimum
liability limit of Two Million Dollars($2,000,000.00) per claim combined single limit bodily injury and property damage,and
Two Million Dollars($2,000,000.00)aggregate. The certificate shall clearly state who the provider is,the coverage amount,
the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance
company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage
will continue in force for an additional two years after the completion of this contract. If insurance is on a claims made form,
its retroactive date, and that of all subsequent renewals,shall be no later than the effective date of this Contract.
Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any
insurance,self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall
not contribute to it.
If at any time during the life of the Contract,or any extension, Contractor fails to maintain the required insurance in full force and effect,
all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for
the City to terminate the Contract.
Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115,then,in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and
the City, its officers, elected and appointed officials, employees,agents, attorneys and volunteers, Contractor's liability hereunder shall
be limited to the extent of the Contractor's negligence.
19. Severability
If any term or condition of this Contract or the application thereof to any person(s)or circumstances is held invalid,such invalidity shall
not affect other terms,conditions or applications which can be given effect without the invalid term,condition or application. To this end,
the terms and conditions of this Contract are declared severable.
20. Contract Documents
This Contract, the Request for Proposals#11914P, Scope of Work,conditions, addenda, and modifications and Contractor's proposal
(to the extent consistent with City of Yakima documents)constitute the Contract Documents and are complementary. Specific Federal
and State laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract
Documents are on file in the Office of the Purchasing Manager, 129 No. 2nc St., Yakima, WA, 98901, and are hereby incorporated by
reference into this Contract.
11914P CradlePoint Modems— ITS Page 6 of 9
21. Termination
Termination for Cause: The City may terminate the Contract after providing the Contractor with thirty(30)calendar days written notice
of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract.
The Contractor may terminate the Contract after providing the City sixty(60)calendar days' notice of the City's right to cure a failure of
the City to perform under the terms of the Contract.
Upon the termination of the Contract for any reason,or upon Contract expiration,each party shall be released from all obligations to the
other party arising after the date of termination or expiration,except for those that by their terms survive such termination or expiration
Termination for Convenience: Either party may terminate the Contract at any time, without cause,by providing a written notice;the City
by providing at least thirty(30)calendar days' notice to the Contractor, and the Contractor providing at least sixty(60) calendar days'
notice to the City in advance of the intended date of termination.
In the event of termination for convenience,the Contractor shall be entitled to receive compensation for any fees owed under the Contract.
The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed
services shall be no more than the percentage of completion of the services requested, at the sole discretion of the City, multiplied by
the corresponding payment for completion of such services as set forth in the Contract.Alternatively, at the sole discretion of the City,
the Contractor may be compensated for the actual service hours provided. The City shall be entitled to a refund for goods or services
paid for but not received or implemented,such refund to be paid within thirty(30)days of written notice to the Contractor requesting the
refund.
Contract Cancellation: The City reserves the right to cancel the Contract in whole or in part without penalty if the Contractor:
a. Breaches or defaults an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy,becomes insolvent,or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential Information,proprietary,or containing
Personally Identifiable Information,or
I. Contractor performance threatens the health or safety of a City, County or municipal employee
m. Change in Funding:If the funds upon which the City relied to establish this Contract are withdrawn,reduced,or limited,or if additional
or modified conditions are placed on such funding, the City may terminate this Contract by providing at least five business days
written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination.
22. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics,war, riot, delay in transportation or
railcar transport shortages,provided Contractor notifies the City immediately in writing of such pending or actual delay. Normally,in the
event or any such delays(acts or God,etc.)the date of delivery will be extended for a period equal to the time lost due to the reason for
delay.
23. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
11914P CradlePoint Modems—ITS Page 7 of 9
24. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in Yakima County,
Washington.
25. Authority
The person executing this Contract,on behalf of Contractor,represents and warrants that he/she has been fully authorized by Contractor to
execute this Contract on its behalf and to legally bind Contractor to all the terms,performances and provisions of this Contract.
26. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered in person or by
overnight courser,facsimile or first class mail,certified with return receipt requested. Notices to the parties shall be delivered to:
TO CITY: City Manager TO CONTRACTOR: RCN Technologies
City of Yakima 200 Jennings Ave
City Hall—First Floor Knoxville, TN 37917
129 North Second Street
Yakima,WA 98901
COPY TO: City of Yakima Purchasing
City Hall—First Floor
129 North Second Street
Yakima,WA 98901
27. Survival
The foregoing sections of this Contract, 2-29 inclusive,shall survive the expiration or termination of this Contract in accordance with their
terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY • AKIMA RCN TECHNOLOGIES
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/.0 II/I —�.t By: J4P rr;
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Date: llr ra Date: / ( ) / 0
CITY CONTRACT NO:2O I c1-2O a
RESOLUTION NO: / \/a Ze ci ) .y'r! ,/L,oil
Attest: (Print name)
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City Clerk c. 1-; ; �` i
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STATE OF \.,_ ' ''(, \ -
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COUNTY OF r' U I'UCt )
DONE this 't day of (.(4'IZ t 2019
11914P CradlePoint Modems-ITS Page 8 of 9
r
EXHIBIT A
TO AGREEMENT
The Contractor shall perform all work and service(s) and furnish all tools, materials, labor and equipment(collectively referred to as
"Services") according to the procedure outlined in RFP #11914P CradlePoint Modems with Technical Programming Services
Specifications which are attached as Exhibit A and incorporated herein by this reference,and shall perform any alterations in or additions
to the work provided under this Contract and every part thereof.
Specifications on file in Purchasing
EXHIBIT B
TO AGREEMENT
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the
specifications and payment schedule of itemized prices as listed in the Contractor's RFP submittal at the time and in the manner and
upon the conditions provided for the Contract.
COST PROPOSAL FORM(Upload with Proposal)
SYSTEM COSTS f --
The Proposer shall fill In pricing for each Item listed below. Pridne for each stem below shall be utilized in evaluates.
the Cost of the Proposal.The quantities below are annual estimates only. Items and quantity ordered over the entire
town of the contract will be based upon actual need.There will be no minimum par-order quantity requirement allowed.
ITEM UNIT
NO. MY UNIT DESCRIPTION PRICE TOTAL
1. 15 Each CradlePoint 1110800 ROOM Modems $ 7$ 11030
)30
---__w1 C3)1.R_fve'tclOud Ss,nFsals
2. 15 Each CradlePoint IBR9001200M Modems $ $72 S i3 s 0d0
seL� L3>1 tioi_ctuud ESsentialS
set bu Norv, oc pa F
3. 30 Each GL6XSAX-SF-GNSS Multi-band Antenna.Dual 4G LIT S 161 $5,430
and$02,11ac MIMI Connectivity _ —
4. 30 Each Technical Programming Support S_ $ 75-0
5. Future Purchases&upgrades
(This field is mandatory.Failure to fill in this field will
mash In a non•responsive Proposal.)
Proposer to list either the discount off the %W 2 5-
manufacturer's list price or markup from cost for future
purchases of similar wieeleSl communication modems, Check One:
Peripheral equipment,accessories,and services Discount o
Or
Markup tk
FREIGHT F.O.B.Destination:Yakima,WA: Included Included
SUBTOTAL: 20,11D
TAX(Desdnadon Based)O$.2%: ,s41.1$
GRANOTOTAL• 33,s 3 t.I
DELIVERY:
We(I)will deliver complete the above arddes within 1 S days from receipt eater end*prices and terms specified
unless otherwise noted.
t (Z�Place W,4s,QUrSec Pt.OSC2t.2 LA-GIS-1n, t sft"--AC ) ed 1
11914P CradlePoint Modems—ITS Page 9 of 9
BID CONTRACT AMENDMENT NO. 1
BID CONTRACT: City of Yakima RFP 11914P Cradlepoint Modems with Technical Programming Services
for Information Technology Services
DESCRIPTION: Price Increase Request/Expansion & Upgrades
Vendor: RCN Technologies
AMENDMENT:
Price Increase: Cradlepoint IBR900 600M Modems (MA3-0900600M-NNA)from $782/ea to$921.99/ea
Price Increase: Cradlepoint IBR900 1200M Modems (MA3-0900120E-NNA)from $872/ea to$1,028.85/ea
• Per Item No. 6—Price Increases, as found on page 2 of contract
Add: CradlePoint IBR900 600M Modems MA5-0900600M-NNA)with 5-year Net Cloud Essentials-$1,136.42
Add: CradlePoint IBR900 1200M Modems (MA5-0900120B-NNA)with 5-year Net Cloud Essentials-$1,243.98
• Per Item No. 5-Expansion&Upgrades, as found on page 1 of contract.
DOLLAR AMOUNT OF AMENDMENT:
$40,158.60— Estimated based on original quantity bid.
This price increase will take effect on June 17, 2022 and will remain firm for at least 365 days. All other
parts of this Contract will remain the same.
ADDITIONAL INFORMATION:
The Producer Price Index (PPI) reporting, for raw materials, supports this increase with a relevant commodity
increase of:
• 9.6% - Printed circuit assembly mfg.- Printed circuit assemblies, loaded boards, modules, and
consumer external modems
Additionally, the Consumer Price Index (CPI), inflation calculator, supports this increase with a relevant inflation
increase of:
• 12.34% - For the period of 10/19-4/22
Along with reporting from these two indices and with the current global shortage of supply within the supply
chain, we have determined that RCN Technologies price increase request is acceptable.
This RFP was awarded to RCN Technologies on 10/25/19 and is a five-year contract ending on 10/24/24.
AUTHORIZATION:
Concurrence obtained from the Information Technologies Department via email.
DATED this 1st day of June, 2022.
APPROVED:
City of Yakima / RCN Technologies
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Bob Harrison, City Manager, Date Name, Date
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RCN 5G & LTE ENABLEMENT SPECIALISTS
The Right Solution. Every Time.
Notice of Price Increase
Supply Contract #11914P
On February 15h,2022 Cradlepoint Inc released a notice to partners stating that NetCloud packages that include a
router or adapter,and LTE modems will incur a price increase,while pricing on all 5G-band packages and services
will remain the same.This release also indicated NetCloud renewals for impacted packages would also increase.
The effect took place on April 13tn
The reason cited for the price increase is a global shortage of raw materials/components use to manufacture
units, specifically for LTE modems.
Certain part numbers the City of Yakima has purchased via the established supply contract (11914P) are impacted
by this increase.
As the previous contract pricing now sits well below RCN's cost, RCN must request a price increase with the City
to continue supplying certain endpoints.
The below table captures the end points impacted with their original pricing, increased RCN cost,and the new
pricing per the contract 4.25%markup-over-cost model cemented in the contract,and the overall percentage of
increase.
Unit Price New Cost Markup Sell Price
Percentage
Part of Increase
MA3-0900600M-NNA $782.00 $884.40 4.25% $921.99 17.90%
MA3-0900120E-NNA $872.00 $986.91 4.25% $1,028.85 17.99%
MAS-0900600M-NNA $963.00 $1,090.09 4.25% $1,136.42 18.01%
MA5-0900120E-NNA $1,054.00 $1,193.27 4.25% $1,243.98 18.03%
rcntechnologies.com • 865.293.0350 W MEW Inc.
OWNED ® 5000
'RCN 5G & LTE ENABLEMENT SPECIALISTS
The Right Solution. Every Time.
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Execution
This official request is acknowledged and executed by
Name/Title
Signature
Company
Date
rcntechnologies.con, • 865.193.0350 W MEN ' .
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cradlepoint
Cradlepoint Price Increase — Partner Drawer Statement
February 15, 2022
OVERVIEW
Cradlepoint has worked diligently to shield its price list from the effects of worldwide shortages and
supply chain challenges over the last two years. After carefully reviewing 5G carrier updates and
working to protect customer experience and partner relationships, we are announcing an upcoming
price increase on LTE-band packages and services (including renewals).The price adjustments reflect
our strategic planning and heightened customer experience as we create greater alignment with
Ericsson. Cradlepoint aims to meet our promises to deliver innovation in products and services that our
partners and customers expect. We have carefully calibrated the increases to meet Cradlepoint's
financial objectives responsibly to do just that. Financial planning and regimen is a strength for
Cradlepoint and not a snap reaction to rising costs and inflation.
The updated pricing will go into effect on April 13. NetCloud packages that include a router or adapter,
and LTE modems will incur a price increase (targeted to be less than 10%), while pricing on all 5G-band
packages and services will remain the same at this time.
Cradlepoint issued special pricing agreements approved before April 13 and active quotes with the
previous pricing will be honored.
IMPACTED NETCLOUD PACKAGES INCLUDE THESE DEVICES:
AER2200-600M E3000-C18 IBR900-1200M-B
AE R2200-1200 M-B E100-C4 I B R900-N M
CBA850-LP6 E100-C7 IBR600C-150M
CBA550-150M E102-C7 IBR650C-150M
L950-C7 I B R 1700-600M R500-C7
E300-C18 IBR1700-1200M-B IBR200-10M
E300-C7 IBR900-600M
IMPACTED NETCLOUD SERVICE RENEWALS:
BRANCH BRANCH ENTERPRISE RUGGEDIZED IOT/IOT
BRANCH LTE ADAPTER MOBILE
Please contact your Cradlepoint partner sales team with any questions.
1111 W Jefferson St,Boise,ID 83702
Toll Free:855.813.3385
Local:208.424.5054
Fax:208.429.6852
cradlepoint.com