Prison Phone Justice

Page 57

B2Z11019

ATTACHMENT #1
MISSOURI CORRECTIONAL INSTITUTIONS
REVISED PER AMENDMENT #001
Maryville Treatment Center (MTC)

Eastern Reception & Diagno,stic Correctional Center
(ERDCC)
2727 Highway K
Bonne Terre, MO

30227 US Hwy 136
Maryville, MO

Boonville Correctional Center & Boonville Treatment
Center (SCC)

Potosi Correctional Center and Mineral Area Treatment
Center (PCC)

1216 East Morgan Street
Boonville, MO

11593 State Road 0
Mineral Point, MO

Crossroads Correctional Center (CRCC)
1115 E. Pence Road
Cameron, MO

Missouri Eastern C{)rrectional Center (MECC)
18701 Old Highway 66
Pacific, MO

Southeast Correctional Center (SECC)
300 Pedro Simmons Drive
Charleston, MO

Moberly Correctional Center (MCC)
520 I S. Morely
Moberly, MO

Chillicothe Correctional Center (CCC)
3151 Litton Road
Chillicothe, MO

Northeast Correctional Center (NECC)
13698 Airport Road
Bowling Green, MO

Western Missouri Correctional Center (WMCC)
609 E, Pence Road
Cameron, MO

Western Reception, Diagnostic & Correctional Center
(WRDCC)
3401 Faraon
St. Joseph, MO

Farmington Correctional Center (FCC)
1012 W. Columbia Street
Farmington, MO

Tipton,Correctional Center (TCC)
619N. Osage Avenue
Tipton, MO

Ozark Correctional Center (OCC)
929 Honor Camp Lane
Fordland, MO

Women's Reception and Diagnostic Center (WERDC)
1101 E. Hwy 54
Vandalia, MO

Fulton Reception & Diagnostic Center (FRDC)
1393 State Road 0
Fulton, MO

Central Regional Investigations
2728 Plaza Drive
Jefferson City, MO

Cremer Therapeutic Center (CTCC)
689 State Road 0
Fulton, MO

Western Regional Investigations
3208 Frederick
8t. Joseph, MO

Algoa Correctional Center (ACC)
8501 N{) More Victims Road
Jefferson City, MO

Eastern Regional Investigations
1012 W. Columbia, Building 41
Farmington, MO

South Central Correctional Center (SCC)
255 Highway 32 West
Licking,MO

st. Louis Community Release Center
1621 N. First Street
8t. Louis, MO

Kansas City Community ReleflSe Center (KCCRC)
651 Mulberry St.
Kansas City, MO

Jefferson City Correctional Center (JCCC)
8200 No More Victims Road
Jefferson City, MO 65101

B2Z11019

Page 58

ATTACHMENT #2

I hereby make application for Missouri Department of Corrections computer system security access and/or
Missouri Highway Patrol Computer System, REJIS or ALERT systems.
In making this application, I understand and accept the following responsibilities and obligations:
1. I am not to share my password with
anyone.
2. I am not to leave my password in written form at a location accessible by others.
3. I am to sign off from the system each time I have finished using a workstation.
4. I will contact Information Systems for further instruction if I discover others using my password.
5.

As per section 105.969 RSMo, Executive Order 92-04 and Dept. Policy 02-11, I will use state
p'urchased equipment (I.e., DOC Computer System) for the performance of assigned job duties only.

6. I am criminally liable if I:
a) tamper with state computer equipment in an unauthorized fashion, pursuant to section
569.095 RSMo; or I will not introduce any computer software to a PC that has not been
authorized by the Department of Corrections.
b) intentionally misuse confidential information or breach the confidence entrusted to me.
7.

I may be personally liable in a civil action by any citizen damaged as a result of my abuse or
negligent use of computer eqUipment and confidential information. I will only access information that I
need to know in the performance of my assigned duties.

SPECIAL NOTE: UNDER NO CIRCUMSTANCES SHOULD I PRACTICE ON THE COMPUTER
USING DEPARTMENT OF CORRECTIONS PERSONNEL OR FAMILY MEMBERS OF DOC
PERSONNEL AS SUBJECTS OF INQUIRY. NOR WILL I ALLOW ANY OFFENDER ACCESS TO THE
COMPUTER EITHER BY PHYSICAL CONTACT OR VISUALLY VIEWING THE SCREEN OTHER THAN
PURSUANT TO AN APPROPRIATE RELEASE AND EXERCISE OF DISCRETION BY THE PROPER
AUTHORITY OR PURSUANT TO ESTABLISHED POLICY.
I understand that all computer transactions made with my password are automatically recorded and may
be audited at any time, and that attempting to access unauthorized systems may result in denial of
further access to the system and/or disciplinary action.

SIGNATURE

PRINT NAME

MO 931-4170 (8-09)

DATE

LAST 4 DIGITS OF SSN

USERID

Page 59

B2Z11019

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Page 60

B2Z11019

STATE OF MISSOURI
DIVISION OF PURCHASING AND MATERIALS MANAGEMENT
TERMS AND CONDITIONS - REQUEST FOR PROPOSAL
1. TERMlNOLOGY/DEFINITIONS
Whenever the following words and expressions appear in a Request for Proposal (RFP) document Or any amendment thereto, the definition or meaning
described below shall apply.
a.
b.
c.
d.
e.
f.
g.
h.

I.
j.

k.
I.
m,
n.
o.
p.

AgeDg' and/or State AgenCY means the statutory unit of state 'government in the State of Missouri for which the equipment, supplies, and/or services
are being purchased by the Division of Purchasing and Materials Management (DPMM). The agency is also responsible for payment.
Amendment means a written, official modification to an RFP or to a contract.
Attachment applies to all forms which are included with an RFP to incorporate any informational data or requirements related to the performance
requiremenls andlor specifications.
Proposal Opening Date and Time and similar expressions mean the exact deadline required by the RFP for the receipt of sealed proposals.
Offeror means the person or organization that responds to an RFP by submitting a proposal with prices to provide the equipment, supplies, andlor
services lIS required in the RFP document.
Buyer means the procurement staff member of the DPMM. The Contad Penon as referenced herein is usually the Buyer.
Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies,
andlor services.
Contrul!!!: means a person or organization who is a successful offeror as a result of an RFP and who enters into a contract.
Exhibit applies to forms which are included with an RFP for the offeror to complete and submit with the sealed proposal prior to the specified opening
date and time.
Requnt for Proposal (RFPl means the solicitation document issued by the DPMM to potential offerors for the purchase of equipment, supplies, and/or
services as described in the document. The definition includes these Terms and Conditions as well as all Pricing Pages, Exhibits, Attachments, and
Amendments thereto.
May mellns that a certain feature, component, or action is permissible, but not required.
Must m~ans that a certain feature, component, or action is a mandatory condition.
Pridng Paee{a) applies to the form(s) on which the offeror must state the price(s) applicable for the equipment, supplies, and/or services required in the
RFP. Tile pricing pages must be completed and submitted by the offeror with the scaled proposal prior to the specified proposal opening date and time.
RSMo (llevised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of
Missouri. Chapter 34 of the statutes is the primary chapter governing the operations ofDPMM.
Shall has the same meaning as the word must.
Shonld means that a certain feature, component andlor action is desirable but not mandatory.

1, APPLICABLE LAWS AND REGULATIONS
a.

The contract shall be construed according to the laws of the State of Missouri. The contractor shall comply with all local, state, and federal laws and
regulations related to the performance of the contract to the extent that the same may be applicable.
b. To the extent that a provision of the COntract is contrary to the Constitution or laws ofthe State of Missouri or of the United States, the provisions shall
be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the
contract\Jr and the DPMM.
c. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may
be requited by law or regulations.
d. The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including
interest and additions to tax.
e. The exclusive venue for any legal proceeding relating to or arising out of the RFP or resulting contract· shall be in the Circuit Court of Cole County,
Missouri.
f. The contractor shall only util ize personnel authorized to work in the United States in accordance with applicable federal and state laws and Executive
Order 01-13 for work performed in the United States.

3. OPEN COMPETITIONIREQUEST FOR PROPOSAL DOCUMENT
a.

b.

c.
d.

e.

{

It shall be the offeror'S responsibility to ask questions, request changes or clarification, or otherwise advise the DPMM if any language, specifications or
requirelllents of an RFP appear to be ambiguous, contradictory, andlor arbitrary, or appear to inadvertently restrict or limit the requirements stated in the
RFP to a single source. Any and all communication from offerors regarding specifications, requirements, competitive proposal process, etc., must be
directed to the buyer from the DPMM, unless the RFP specifically refers the offeror to another contact. Such communication should be received at least
ten calendar days prior to the official proposal opening date.
Every attempt shall be made to ensure that the offeror receives an adequate and prompt response. However, in order to maintain a fair and equitable
procurement process, all offerors will be advised, via the issuance of an amendment to the RFP, of any relevant or pertinent information related to the
procurement. Therefore, offerors are advised that unless specified elsewhere in the RFP, any questions received less than ten calendar days prior to the
RFP opl::ning date may not be answered.
OfferoTll are cautioned that the' only official position of the State of Missouri is that which is issued by the DPMM in the RFP or an amendment thereto.
No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.
The DPMM monitors all procurement activities to detect any possibility of deliberate restraint of competition, collusion among offerors, price-fixing by
offerors. or any other anticompetitive conduct by offecoTs which appears to violate state and fedeTal antitrust laws. Any suspected violatiol1 shall be
referred to the Missouri Attorney General's Office for appropriate action.
The RFl> is available for viewing and downloading on the state's On-Line Bidding/Vendor Registration System website. Premium registered offerors are
electronically notified of the proposal opportunity based on the information maintained in the State of Missouri's vendor database. If a Premium
registerl::d offeror's e-mail address is incorrect, the offeror must update the e-mail address themselves on the state's On-Line BiddinglVendor
Registra.tion System website.
The DPMM reserves the right to officially amend or cancel an RFP after issuance. It shall be the sole responsibility of the offeror to monitor the State of
Missouri On-Line BiddinglVendor Registration System website at: https:llwww.moolb.mo.gov to obtain a copy of the amendment(s). Premium
register~d offerors who received e-mail notification of the proposal opportunity when the RFP was established and Premium registered offerors who
have responded to the RFP on-line prior to an amendment being issued will receive e-mail notification of the amendment(s). Premium registered

B2ZII019

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offerors who received e-mail notification of the proposal opportunity when the RFP was established and Premium registered offerors who have
responded 10 the proposal on-line prior to a cancellation being issued will receive e-mail notification of a cancellation issued prior to the exact closing
time and date specified in the RFP.

4. PREPARATION OF PROPOSALS
a. Offerors must e1(amine the entire RFP carefully. Failure to do so shall be at offeror's risk.
h. Unless otherwise specifically stated in the RFP, all specifications and requirements constitute minimum requirements. All proposals must meet or
exceed the statect specifications and requirements.
c. Unless otherwise specifically stated in the RFP, any manufacturer names, trade names, brand names, information andlor catalog numbers listed in a
specification and/or requirement are for informational purposes only and are not intended to limit competition. The offeror may offer any brand which
meets or exceeds the specification for any item, but must state the manufacturer's name and model number for any such brands in the proposal. In
addition, the offeror shall explain, in detail, (I) the reasons why the proposed equivalent meets or exceeds the specifications and/or requirements and (2)
why the propos(:d equivalent should not be considered an exception thereto. Proposals which do not comply with the requirements and specifications
.
are subject to rejection without clarification.
d. Proposals lacking any indication of intent to offer an alternate brand or 10 take an exception shall be received and considered in complete compliance
with the specifications and requirements as listed in the RFP.
e. In the event that the offeror is an agency of state government or other such political subdivision which is prohibited by law or court decision from
complying with certain provisions of an RFP, such a offeror may submit a proposal which contains a list of statutory limitations and identification of
those prohibitive clauses which will be modified via a clarification conference between the DPMM and the offeror, if such offeror is selected for
contract award. The clarification conference will be conducted in order to agree to language that reflects the intent and compliance of such law and/or
court order and the RFP. Any such offeror needs to include in the proposal, a complete list of statutory references and citations for each provision of the
RFP which is affected by this paragraph.
f. All equipment and supplies offered in a proposal must be new, of current production, and available for marketing by the manufacturer unless the RFP
clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered.
g. Prices shall inclUde all packing, handling and shipping charges FOB destination, freight prepaid and allowed unless otherwise specified in the RFP.
h. Proposals, including all prices therein, shall remain valid for 90 days from proposal opening or Best and Final Offer (BAFO) submission unless
otherwise indic"ted. If the proposal is accepted, the entire proposal, including all prices, shall be firm for the specified contract period.
i. Any foreign offeror not having an Employer Identification Number assigned by the United States Internal Revenue Service (IRS) must submit a
completed IRS ):orm W-8 prior to or with the submission of their proposal in order to be considered for award.

S. SUBMISSION OF PROPOSALS
a.

Proposals may be submitted by delivery of a hard copy to the DPMM office. Electronic submission of proposals by Premium registered offerors
through the Stale of Missouri's On-Line Bidding/Vendor Registration System website is not available unless stipulated in the RFP. Delivered proposals
must be sealed in an envelope or container, and received in the DPMM uffice located at 301 West High St, Rm 630 in Jefferson City, MO no later than
the exact opening time and date specified in the RFP. All proposals must (I) be submitted by a duly authorized representative of the offeror's
organization, (2) contain all information required by the RFP, and (3) be priced as required. Hard copy proposals may be mailed to the DPMM post
office box address. However, it shall be the responsibility of the offeror to ensure their proposal is in the DPMM office (address listed above) no later
than the exact opening time and date specified in the RFP.
b. The sealed env~lope or container containing a proposal should be clearly marked on the outside with (I) the official RFP number and (2) the official
opening date and time. Different proposals should not be placed in the same envelope, although copies of the same proposal may be placed in the same
envelope.
c. A proposal submitted electronically by a Premium registered offeror may be modified on-line prior to the official opening date and time. A proposal
which has been ddivered to the DPMM office, may be modified by signed, written notice which has been received by the DPMM prior to the official
opening date and time specified. A proposal may also be modified in person by the offeror or its authorized· representative, provided proper
identification is presented before the official opening date and time. Telephone or telegraphic requests to modity a proposal shall not be honored.
d. A proposal submitted electronically by a Premium registered offeror may be canceled on-line prior to the official opening dale and time. A proposal
which has been delivered to the DPMM office, may only be withdrawn by a signed, written notice or facsimile which has been received by the DPMM
prior to the official opening date and time specified. A proposal may also be withdrawn in person by the offeror or its authorized representative,
provided proper identification is presented before the official opening date and time. Telephone, e-mail, or telegrapbic requests to withdraw a proposal
shall not be honored.
e. When submitting a proposal electronically, the Premium registered offeror indicates acceptance of all RFP terms and conditions hy clicking on the
"Submit" button on the Electronic Bid Response Entry form. Offerors delivering a hard copy proposal to DPMM must sign and return the RFP cover
page or, if applicable, the cover page of the last amendment thereto in order to constitute acceptance by the offeror of all RFP terms and conditions.
Failure to do so may result in rejection of the proposal unless the offeror's full compliance with those documents is indicated elsewhere within the
offeror'S response.
r Faxed proposals shall not be accepted. However, faxed and c-mail no-bid notifications shall be accepted.

6. PROPOSAL OPENING
a.

b.

Proposal openings are public on the opening date and at the opening time specified on the RFP document. Only the names of the respondents shall be
read at the proposal opening. Premium registered vendors may view the same proposal response information on the state's On-Line Bidding/Vendor
Registration System website. The contents of the responses shall not be disclosed at this time.
Proposals whiCh are not received in the DPMM office prior to the official opening date and time shall be considered late, regardless of the degree of
lateness, and nlirmally will not be opened. Late proposals may only be opened under extraordinary circumstances in accordance with I CSR 40-1.050.

7. PREFERENCES
a.
b.

In the evaluati()n of proposals, preferences shall be applied in accordance with chapter 34, RSMo. Contractors should apply the same preferences in
selecting subcontractors.
By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured,
made or grown within the State of Missouri and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals.
Such preference shall be given when quality is equal or better and delivered price is the same or less.

B2Z11019
c.
d.

Page 62

In aCCOmance with Executive Order 05-30, contractors are encouraged to utilize certified minority and women-owned businesses in selecting
subcontractors.
In the eVllluation of proposals, a service-disabled veteran business preference shall be applied in aCC<lrdance with section 34.074, RSMo.

8. EVALUATION/AWARD
a.

b.
c.
d.

e.

f.
g.
h.
i.
j.

k.

1.
m.
n.
o.

Any clerical error, apparent on its filce, may ~e corrected by the buyer before contract award. Upon discovering an apparent clerical error, the buyer
shall contact the offeror and request clarification of the intended proposal. The correction shall be incorporated in the notice of award. Examples of
apparent clerical errors are: I) misplacement of a decimal point; and 2) obvious mistake in designation of unit.
Any pricing infollIIation submitted by an offeror shall be subject to evaluation if deemed by the DPMM to· be in the best interest ofthe State of Missouri.
The offetor is encouraged to propose price discounts for prompt payment or propose other price discounts that would benefit the State of Missouri.
However, unless otherwise specified in the RFP, pricing shall be evaluated at the maximum potential financial liability to the Stale of Missouri.
Awards shall be made to the offeror whose proposal (I) complies with all mandato!)' specifications and requirements of the RFP and (2) is the lowest
and best proposal, considering price, responsibility of the offeror, and all other e\'aluation criteria specified in the RFP and all)' subsequent negotiations
and (3) Complies with sections 34.010 and 34.070, RSMo, and Executive Order 04-09.
In the eVent all offerors filii to meet the same mandatory requirement in an RFP, DPMM reserves the right, at its sole discretion, to waive that
requirement for all offerors and to proceed with the evaluation. In addition, the DPMM reserves the right to waive any minor irregularity or technicality
found in any individual proposal
The DPMM reserves the right to reject any and all proposals.
When evaluating a proposal, the State o"fMissouri reserves the right to consider relevant infOllIIation and fact, whether gained from a proposal, from an
offeror, from offeror's references, or from any other source.
Any information submitted with the proposal, regardless of the format or placement of such information, may be considered in making decisions related
to the responsiveness and merit of a proposal and the award of a contract.
Negotiations may be conducted with those offerors who submit potentially acceptable proposals. Proposal revisions may be permitted for the purpose of
obtainin!!, best and final offers. In conducting negotiations, there shall be no disclosure of any information submitted by competing offerors.
Any award ofa contract shall be made by notification from the DPMM to the successful offeror. The DPMM reserves ihe right to make awards by item,
group of items, or an all or none basis. The grouping of items awarded shall be determined by DPMM based upon factors such as item similarity,
location, administrative efficiency, or other considerations in the best interest of the State of Missouri
Pursuant to section 610.021, RSMo, proposals and related documents shall not be available for public review until after 8 contract is executed or all
proposals are rejected.
The DPMM posts all proposal results on the On-line BiddinglVendor Registration System website for Premium registered offerors to view for a
reasonable period after proposol award and maintains images of all proposal file material for review. Offerors who include an e-mail address with their
proposal will be notified of the award results via e-mail.
The DPMM reserves the right to request clarificotion of any portion of the offeror'S response in order to ·verify the intent of the offeror. The offeror is
CIIutioned, however, that its response may be subject to acceptance or rejection without further clarification.
Any proposal award protest must be received within ten (IO) calendar days after the date of award in accordance with the requirements of 1 CSR 401.050 (10).
The final determination of contract(s) award shall be made by DPMM.

9. CONTRACT~URCHASEORDER
By submitting a proposal, the offeror agrees to furnish any and all equipment, supplies and/or services specified in the RFP, at the prices quoted,
pursuant to all requirements and specifications contained therein.
b. A binding contract shall consist of: (I) the RFP, amendments thereto, and any Best and Final Offer (BAFO) request(s) with RFP changes/additions, (2)
the contractor's proposal including any contractor SAFO response(s), (3) clarification of the proposal, if any, and (4) DPMM's acceptance of the
proposal by "notice of award" or by "purchase order." All Exhibits and Attachments included in the RFP shall be incorporated into the contract by
reference.
c. A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed
with services. Before providing equipment, supplies and/or services for the State of Missouri, the contractor must receive a properly authorized
purchase: order or other form of authorization given to the contractor at the discretion of the state agency.
d. The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained
therein. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a fOllIIal contract amendment signed
and apptoved by and between the duly authorized representative of the contractor and the DPMM or by a modified purchase order prior to the effective
date of ~uch modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including
correspondence, acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the contract.

8.

10. INVOICING AND PAYMENT
a. The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation.
b. The statewide financial manogement system has been designed to capture certain receipt and payment information. For each purchase order received, an
invoice must be submitted that references the purchase order number and must be itemized in accordance with items listed on the purchase order.
Failure to comply with this requirement may delay processing of invoices for payment.
c. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the DPMM.
d. Payment for all equipment, supplies, and/or services required herein shall be made in arrears unless otherwise indicated in the RFP.
e. The Stale of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any
unauthorized quantily is subjllCt to the state's rejection and shall be returned at the contractor's expense_
f. All inVOices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment· charges as provided in section
34.055, RSMo.
g. The State of Missouri reserves the right to purchase goods and services using the state purchasing Card.

11. DELIVERY
Time is of the essence. Deliveries of equipment, supplies, and/or services must be made no later than the time stated in the contract or within a
reasonable period oftime, if a specific time is not stated.

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12. INSPEctION AND ACCEPTANCE
a.

No equillment, supplies, and lor services received by an agency of the state pursuant to a contract shall be deemed accepted until the agency has had
reasonable opportunity to inspect said equipment, supplies, andlor services.
b. All equipment, supplies. andlor services which do not comply with the specifications andlor requirements or which are otherwise unacceptable or
defective; may be rejected. In addition, all equipment, supplies, andlor services which are discovered to be defective or which do not conform to any
warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection)
may be rejected.
c. The State of Missouri reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a
reasonable date by which replacements must be received.
d. The State of Missouri's right to reject any unacceptable equipment, supplies, andlor services shall not exclude any other legal, equitable or contractual
remedie$ the state may have.

13. WARRANTY
The contractor expressly warrants that all equipment, supplies, andlor services provided shall: (I) conform to each and every specification, drawing,
sample or other description which was furnished to or adopted by the DPMM, (2) be fit and sufficien.-for the purpose expressed in the RFP, (3) be
merchantable. (4) be of good materials and workmanship, and (5) be free from defect.
b. Such w~rranty shall survive delivery and shall not be deemed waived either by reason of the state's acceptance of or payment for said equipment,
supplies, andlor services.

a.

14. CONFLICT OF INTEREST
a.

Officials and employees of the state agency, its governing body, or any other public officials of the State of Missouri must comply with sections 105.452
and 105.454, RSMo, regarding conflict of interest.
b. The contractor hereby covenants that at the time of the submission of the proposal the contractor has no other contractual relationships which would
create any actual or perceived conflict of interest. The contractor further agrees that during the term of the contract neither ihe contractor nor any of its
employcees shall acquire any other contractual relationships which create such a conflict.

IS. REMEDIES AND RIGHTS
a.
b.

No provision in the contract shall be construed, expressly or implied, as a waiver by the State of Missouri of any .existing or future right andlor remedy
available by law in the event of any claim by the State of Missouri of the contractor's default or breach of contract.
The COlltractor agrees and understands that the contract shall constitute an assignment by the contractor to the State of Missouri of all rights, title and
interest in and to all causes of action that the contractor may have under the antitrust laws of the United States or the State of Missouri for which causes
of action have accrued or will accrue as the result of or in relation to the particular equipment, supplies, andlor services purchased or procured by the
.
contractor in the fulfillment of the contract with the State of Missouri.

16. CANCELLATION OF CONTRACT
a.

In the event of material breach of the contractual obligations by the contractor, the DPMM may cancel the contract. At its sole discretion, the DPMM
may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more
than 10 working days from notification, or at a minimum the contractor must provide DPMM within 10 working days from notification a written plan
detailing how the contractor intends to cure the breach.
b. If the contractor fails to cure the breach or if circumstances demand immediate action, the DPMM will issue a notice of cancellation terminating the
contract immediately.
c. If the DPMM cancels the contract for breach, the DPMM reserves the right to obtain the equipment, supplies, andlor services to be provided pursuant to
the contract from other sources and upon such terms and in such manner as the DPMM deems appropriate and charge the contractor for any additional
costs incurred thereby.
d. The COlltractor understands and agrees that funds required to fund the contract must be appropriated by the-General Assembly ofthe State of Missouri
for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been
appropriated. and the stale shall not be liable fOl any costs associated with tennination caused by lack of appropriations.

17. COl\fMUNICATIONS AND NOTICES
Any notice to the offeror/contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile,
transmitted bye-mail or hand-carried and presented to an authorized employee of the offeror/contractor.

18. BANKRUPTCY OR INSOLVENCY
a.
b.

Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, whether voluntal)' or involuntary, or upon the appointment of a
receiver, trustee, or assignee for the benefit of creditors. the contractor must notiry the DPMM immediately.
Upon learning of any such actions, the DPMM reserves the right, ai its sole discretion, to either cancel the contract or affirm the contract and hold the
contractor responsible for damages.

19. INVENTIONS, PATENTS AND COPYRIGHTS
The COntractor shall defend. protect, and hold harmless the State of Missouri, its officers, agents, and employees against all suits of law or in equity
resulting from patent and copyright infringement concerning the contractor's performance or products produced under the terms ofthe contract

20. NON-DISCRIMINATION AND AFFIRMATNE ACTION

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In connection with the furnishing of equipment, supplies, andlor services under the contract, the contractor and all subcontractors shaH agree not to
discriminate against recipients of services or employees or applicants for employment on the basis of race, color, religion, national origin, sex, age,
disability, or veteran status unless otherwise provided by law. If the contractor or subcontractor employs at least 50 persons, they shall have and
maintain an affirmative action program which shall include:
a.

A written policy statement committing the organization to affirmative action and assigning management responsibilities and procedures for evaluation
and dissemination;
b. The identification of a person designated to handle affirmative action;
c. The establishment of non-discriminatory selection standards, objective measures to analyze recruitment, an upward mobility system, a Wl\ge and salary
structure, and standards applicable to layoff, recall. discharge, demotion, and discipline;
d. The exclusion of discrimination from all collective bargaining agreements; and
c. Performance of an internal audit of the reporting system to monitor execution and to provide for future planning.
If discrimination by a contractor is found to exist, the DPMM shall take appropriate enforcement action which may include, but not necessarily be
limited to, cancellation of the contract, suspension, or debarment by the DPMM until corrective action by the contractor is made and ensured, and
referral to the Attorney General's Office, whichever enforcement action may be deemed most appropriate.

11. AMERICANS WIm DISABILITIES ACT
In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all
applicable requirements and provisions of the Americans with Disabilities Act (ADA).

22. FILING AND PAYMENT OF TAXES
The commissioner of administration and other agencies to which the state purchasing law applies shall not contract for goods or services with a vendor if
the vendor or an affiliate of the vendor makes sales at retail of tangible personal property or for the purpose of storage, use, or consumptiun in this state
but fails to collect and properly pay the tax as provided in chapter 144, RSMo. For the purposes of this section, "affiliate of the vendor" shall mean any
person or entity that is controlled by or is under common control with the vendor, whether through stock ownership or othetwise. Therefure offeror's
failure to maintain compliance with chapter 144. RSMo, may eliminate their proposal from consideration for award.

13. TITLES
Titles of panigraphs used herein are for the purpose of facilitating reference only and shall nol be construed to infer a contractual construction of
language.
Revised 01-20-10