County of Orange
Bid 057-RT-C002274
5
Solicitation 057-RT-C002274
Security Cameras and Installation Services
Bid designation: Public
County of Orange
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County of Orange
Bid 057-RT-C002274
5
Bid 057-RT-C002274 Security Cameras and Installation Services Bid Number
057-RT-C002274
Bid Title
Security Cameras and Installation Services
Bid Start Date
Apr 23, 2015 10:18:29 AM PDT
Bid End Date
May 7, 2015 4:00:00 PM PDT
Question & Answer End Date
May 1, 2015 11:00:00 AM PDT
Bid Contact
Rick Tran 714-645-7025
[email protected]
Standard Disclaimer The County of Orange is not responsible for and accepts no liability for any technical difficulties or failures that result from conducting business electronically.
Description The Orange County Probation Department requests security camera systems and installation services for the prevention of crime and investigation of crime, for four (4) office building locations, located at: Santa Ana Office : 909 N. Main Street, Suite 1, Santa Ana, CA 92701. West County Field Services Office : 14180 Beach Boulevard, Westminster, CA 92683 Youth Reporting Center - North Region : 160 W. Cerritos Avenue, Building 4, Anaheim, CA 92805 Youth Reporting Center - Central Region : 1001 S. Grand Avenue, Santa Ana, CA 92705 Minimum Requirements: 1.0 Past Experience : CONTRACTOR must have been in the business of providing security cameras and installation services for at least five (5) years. 2.0 Contractor’s License Classification Requirement : CONTRACTOR shall possess C-10, Electrical, and C-7, Low Voltage Systems Contractor’s License Classifications at the time the bid is submitted. 3.0 Avigilon Certified Partner : CONTRACTOR must be an Avigilon Certified Partner that has signed an agreement with Avigilon to be a certified partner. 4.0 CONTRACTOR’S Technicians/Installers : each technician/installer must have been trained and certified by Avigilon and who has been issued level two installation certification by Avigilon; each technician/installer must be an employee of CONTRACTOR; Each technician/installer shall have a minimum of 5 years experience in performing work similar to that required for this project; each technician/installer shall be licensed by the State of California, Department of Consumer Affairs, Bureau of Security and Investigative Services; and each technician/installer, who will perform work in Probation Department facilities or on Probation Department property, is required to undergo and pass a security clearance including being fingerprinted. No Substitutes : Only bids for Avigilon security camera systems, including cameras, network video recorders, enterprise software licenses, pendant mount brackets, and junction boxes will be accepted. If bidder bids an alternative security camera system as a proposed substitute to the Avigilon security camera systems, as specified in this IFB, the bid shall be deemed non-responsive. Job-Walk/Site-Walk Through : Prospective bidders are required to attend (Mandatory) Site-Walk Through on Thursday, April 30, 2015 at 9:00 AM at four different Orange County Probation Department’s office locations: Santa Ana Office : 909 N. Main Street, Suite 1, Santa Ana, CA 92701. West County Field Services Office : 14180 Beach Boulevard, Westminster, CA 92683 Youth Reporting Center - North Region : 160 W. Cerritos Avenue, Building 4, Anaheim, CA 92805 Youth Reporting Center - Central Region : 1001 S. Grand Avenue, Santa Ana, CA 92705 Please e-mail Rick Tran at
[email protected] to inform your intention in attending this site walk through. The purpose of the site walk through will be to further illustrate the County’s needs and to answer any questions which may exist on the part of bidders. Important : If bidder submits a bid response, but did not attend this mandatory site-walk through, the bid shall be deemed nonresponsive. Additional site visits are not allowed during the bid process.
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Important : If bidder submits a bid response, but did not attend this mandatory site-walk through, the bid shall be deemed nonCounty of Orange Bid 057-RT-C002274 responsive. Additional site visits are not allowed during the bid process. No site visits or job-walks will be arranged for bidders that fail to attend the scheduled job-walk. We will meet and start at the “West County Field Services Office : 14180 Beach Boulevard, Westminster, CA 92683” on the day of the site walk through, which is on Thursday, April 30, 2015, at 9:00 AM, to walk all four (4) locations on the same day. Bid Submittal Deadline: Bid closes at 4:00 p.m. Pacific Time on Thursday, May 7, 2015 . No late bids will be accepted regardless of the degree of lateness or the reason. This IFB requires a paper response by mail or hand delivery. For complete bid information, vendors may obtain a peper copy of this IFB by downloading a bid packet on this screen under "Documents".
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County of Orange
Bid 057-RT-C002274
INVITATION FOR BID IFB #057-RT-C002274 Purchase of Security Cameras and Installation Services
COUNTY OF ORANGE PROBATION DEPARTMENT 909 N. MAIN ST., SUITE 1 SANTA ANA, CA 92701
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County of Orange
Bid 057-RT-C002274
BID CLOSING PAPER BID MUST BE RECEIVED: NO LATER THAN 4:00 p.m. Pacific Time
INVITATION FOR BID COUNTY OF ORANGE Probation Department 909 N. Main St., Suite 1 Santa Ana, CA 92701
May 7, 2015 (Thursday) ISSUE DATE: April 23, 2015
Bid Number 057-RT-C002274
(Released electronically at http://www.bidsync.com)
INVITATION FOR BID (“IFB”) COVER PAGE Project Title:
Purchase of Security Cameras and Installation Services
The County of Orange, acting through the Probation Department, hereinafter referred to as "COUNTY", is requesting competitive bids for “Security Cameras and Installation Services” in strict accordance with the terms, conditions, specifications, and pricing, as set forth in Section II (“Model Contract”) of this IFB. Questions on IFB:
Please refer to the BidSync process for posting questions, paragraph 1.5 on page 4.
I HAVE READ, UNDERSTOOD AND AGREE TO THE IFB TERMS AND CONDITIONS HEREWITH AND I AM SUBMITTING A RESPONSE TO THIS SOLICITATION.
Date
Company Name
*Authorized Signature
Print Name
Title
*Authorized Signature
Print Name
Title OR
I PREFER NOT TO SUBMIT A BID IN RESPONSE TO THIS SOLICITATION.
Date
Company Name
Reason(s)
Authorized Signature
Print Name
Title
*If a corporation, this document must be signed by two corporate officers. The first signature must be by either the Chairman of the Board, President, or any Vice President. The second signature must be by the Secretary, an Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer.
RETURN THIS SHEET WITH YOUR RESPONSE
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Bid 057-RT-C002274
SECTION I: BID REQUIREMENTS Bid Introduction The intent of this Invitation for Bid (IFB) is to solicit bids from qualified firms and to set forth the Terms and Conditions whereby County of Orange, acting through the Probation Department may contract with the successful bidder to furnish and install the Security Camera Systems as described in this IFB. No Substitutes: Only bids for Avigilon security camera systems, including cameras, network video recorders, enterprise software licenses, pendant mount brackets, and junction boxes will be accepted. If bidder bids an alternative security camera system as a proposed substitute to the Avigilon security camera systems, as specified in this IFB, the bid shall be deemed non-responsive. Instructions to Bidders 1.1
Job-Walk/Site-Walk Through: Prospective bidders are required to attend (Mandatory) Site-Walk Through on Thursday, April 30, 2015 at 9:00 AM at four different Orange County Probation Department’s office locations:
Santa Ana Office: 909 N. Main Street, Suite 1, Santa Ana, CA 92701. West County Field Services Office: 14180 Beach Boulevard, Westminster, CA 92683 Youth Reporting Center - North Region: 160 W. Cerritos Avenue, Building 4, Anaheim, CA 92805 Youth Reporting Center - Central Region: 1001 S. Grand Avenue, Santa Ana, CA 92705
Please e-mail Rick Tran at
[email protected] to inform your intention in attending this site walk through. The purpose of the site walk through will be to further illustrate the County’s needs and to answer any questions which may exist on the part of bidders. Important: If bidder submits a bid response, but did not attend this mandatory site-walk through, the bid shall be deemed non-responsive. Additional site visits are not allowed during the bid process. No site visits or job-walks will be arranged for bidders that fail to attend the scheduled job-walk. We will meet and start at the “West County Field Services Office: 14180 Beach Boulevard, Westminster, CA 92683” on the day of the site walk through, which is on Thursday, April 30, 2015, at 9:00 AM, to walk all four (4) locations on the same day. 1.2
Bid Submittal Deadline: Bid closes at 4:00 p.m. Pacific Time on Thursday, May 7, 2015. No late bids will be accepted regardless of the degree of lateness or the reason.
1.3
Bid Submission: Only one (1) original copy of bid is required for submission. 1.3.1
Mailed bids: Paper bids may be mailed but must be received by Probation on or before the date bids are due. All envelopes containing mailed bids must be marked with the bid number, date and time of the bid closing for this solicitation. It is the bidder’s responsibility to verify that the closing date on the bid envelope matches the closing date of the bid. It is the bidder’s responsibility to ensure that delivery is made to Probation at the address below by the due date and time specified herein: County of Orange Probation Department Attn: Rick Tran 3 of 27
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Bid 057-RT-C002274
909 N. Main St., Suite 1 Santa Ana, CA 92701 IFB # 057-RT-C002274 1.3.2
Hand-Delivery - Bid responses may be hand-delivered to the Probation receptionist to the above address, on or before the date bids are due. DO NOT LEAVE BIDS WITH ANY OTHER UNIT LOCATED IN THE BUILDING. All bids, regardless of manner of delivery, are due no later than 4:00 p.m. Pacific Time on Thursday, May 7, 2015. Delivery receipt will not be available.
1.3.3
Facsimile bids will not be accepted.
1.3.4
Electronic Mail bids will not be accepted.
1.3.5
Format for Bid Response: Bidders are strictly required to complete and return the following pages, at a minimum: 1.3.5.1 Invitation for Bid ("IFB") Cover Page, which is page 2 of the IFB. 1.3.5.2 Price/Compensation for Contract Services, which is page 24 of the IFB. 1.3.5.3 Exhibit B, References, which is page 27 of the IFB. Alternatively, bidders may submit the whole IFB with the above listed pages completed.
1.4
Public Bid Opening: Immediately after closing of the bid, there will be a public bid opening at 4:05 p.m. on Thursday, May 7, 2015 at 909 N. Main St., Suite 1, Santa Ana, CA 92701. Vendors who plan to attend the public bid opening shall, upon arrival, check in with the Probation reception in the lobby.
1.5
Questions or Clarifications: This IFB has been released via BidSync, a bid notification system that includes solicitations from agency members such as the County of Orange. Interested vendors can register at http://www.bidsync.com to receive email notifications once a solicitation has been posted, based on the vendor's registered classification code in their company profile. BidSync registration will allow vendors to view the bid in its entirety, and any changes thereto. Vendor's questions or requests for clarification should be posted on BidSync and a response shall be posted by Probation also on BidSync. The County has attempted to provide all information available. It is the responsibility of each bidder to ask questions or request any clarifications, as needed, prior to submission of a bid. All questions or requests for clarification must be received by 11:00 a.m. on Friday, May 1, 2015. If clarification or interpretation of this IFB is considered necessary by County, a written addendum shall be issued via Bidsync. Any interpretation of, or correction to, this IFB, will be made only by written addendum issued by Probation. The County does not guarantee receipt by bidders of all addenda. It is the responsibility of each bidder to ensure the receipt and review of any and all addenda to this IFB. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information that maybe made known outside of this solicitation process.
1.6
Validity of Bids: Bids must be valid for a period of at least 30 calendar days from the IFB closing date.
1.7
Qualifications:
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By submitting the bid, the bidder represents that: (a) it has thoroughly examined the County’s requirements; (b) is familiar with the services and equipment required under this IFB; and (c) it meets those requirements and is capable of providing the services and equipment required to achieve the County’s objectives. 1.8
Compliance: Each bidder must submit its bid in strict accordance with all requirements of this IFB and such compliance must be stated in the bid.
1.9
Waiver of IFB Requirements: Any bid may be rejected if it is conditional, incomplete or deviates from specifications in this IFB. The County reserves the right to waive, at its discretion, any procedural irregularity, immaterial defects or other improprieties which the County deems reasonably correctable or otherwise not warranting rejection of the bid. Any waiver will not excuse a proponent from full compliance.
1.10
Pre-Contractual Expenses: Pre-contractual expenses are not to be included in bids. Pre-contractual expenses are defined as including, but not limited to, expenses incurred by the bidder in: a) preparing its bid in response to this IFB; b) submitting that bid to the County; c) negotiating with the County any matter related to the bidder’s bid; and d) any other expenses incurred by the bidder prior to the date of award and execution, if any, of the resulting contract.
1.11
County’s Rights Related to Bid/Contract Disposition: The County reserves the right to negotiate the final contract with the selected bidder. Further, the County makes no representations that: a) any contract will be awarded to any bidder responding to this IFB; b) an award of the County’s total requirements will be made to one bidder; c) the County will apportion those requirements among two or more bidders. The County also reserves the right to reject any bid if it is conditional, incomplete or deviates significantly from the services requested in this IFB.
1.12
No Information Marked Confidential or Proprietary: Bids are not to be marked as confidential or proprietary. The County may refuse to consider any bid so marked. Bids submitted in response to this IFB may be subject to public disclosure under the California Public Records Act. By submitting a bid, the bidder agrees that the County shall not be liable in any way for disclosure of any such records related to this procurement, including but not limited to bids or any other information or records. Additionally, all bids shall become the property of the County. The County reserves the right to make use of any information or ideas in the bids submitted and the County will not be obligated to pay or reimburse any bidder for such use.
1.13
When more than one line item is specified in a solicitation, the County reserves the right to determine the lowest responsible bidder on the basis of individual items, groups of items, or all items included in the solicitation, unless otherwise expressly provided for in the solicitation. The County may accept any item or group of items included in the bid, unless the bidder expressly objects in its response to the solicitation and conditions its response to the County purchasing all items for which the bidder provided bids. In the event that the bidder so objects, the County may consider the bidder’s objection non-responsive and may render the bidder ineligible for award. Bidders shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.
1.14
Joint Venture: Where two or more bidders desire to submit a single bid in response to this IFB, they must do so on a 5 of 27
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Bid 057-RT-C002274
prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms but not with multiple firms doing business as a joint venture. 1.15
Use of Lobbyists: The County does not require and neither encourages nor discourages the use of lobbyists or other consultants for the purpose of securing business.
1.16
Protests: 1.16.1 Protest of IFB Specifications: All protests related to the IFB specifications must be submitted in writing, no later than one (1) business days prior to the close of the IFB. Protests received after the one (1) business day deadline will not be considered by the County. In the event the protest of specifications is denied and the protester wishes to continue in the solicitation process, the protester must still submit a bid prior to the close of the solicitation in accordance with the bid submittal procedures provided in this IFB. 1.16.2 Protest of Award of Contract: Final award will be based on the lowest cost submitted by a responsive and responsible bidder. Results of bids received will be posted on BidSync, showing the lowest cost submitted by a responsive and responsible bidder as the winning bid. Protests related to the award of a contract must be submitted by no later than five (5) business days after the bid tabulation is posted on BidSync. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County. 1.16.3 Protest Submittal Form: All protests shall be typed on the protesting company's letterhead and submitted in accordance with the provisions stated herein. All protests shall include, at a minimum, the following information:
1.16.4
1.16.3.1
The name, address and telephone number of the protester;
1.16.3.2
The signature of the protester or the protester’s representative;
1.16.3.3
The solicitation or contract number;
1.16.3.4
A detailed statement of the legal and/or factual grounds for the protest; and
1.16.3.5
The form of relief requested.
Protest Process: In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until Probation’s Contracts and Purchasing Services Manager, the County Purchasing Agent, or the Procurement Appeals Board renders a decision, as applicable, on the protest. 1.16.4.1
Upon receipt of a timely protest, Probation's Contracts and Purchasing Services Manager will, within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.
1.16.4.2
The County may, after providing written justification to be included in the procurement file, make the determination that the award of the contract, without delay, is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.
1.16.4.3
If the protester disagrees with the decision of Probation's Contracts and Purchasing Services Manager, the protester may submit a written notice to the Office of the County Purchasing Agent requesting an appeal to the Procurement Appeals Board, in accordance with the process stated below. 6 of 27
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1.16.5 Appeal Process: If the protester wishes to appeal the decision of the Probation’s Contracts and Purchasing Services Manager, the protester must, within three (3) business days from receipt of that decision, submit a written appeal to the Office of the County Purchasing Agent.
1.17
1.16.5.1
Within fifteen (15) business days, the County Purchasing Agent will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain the decision of the County Purchasing Agent on whether the protest shall be forwarded to the Procurement Appeals Board.
1.16.5.2
The decision of the County Purchasing Agent on whether to allow the appeal to go forward will be final, and there shall be no right to further administrative appeals.
Selection/Award Process: 1.17.1 Final award will be based on the lowest cost submitted by a responsive and responsible bidder. Bid responsiveness and bidder responsibility shall be determined as follows:
1.18
1.17.1.1
A responsive bid conforms in all material respects to the terms, conditions, specifications and other requirements of this solicitation.
1.17.1.2
A responsible bidder has the capability in all respects to fully perform the contract requirements, and has the integrity and reliability which will assure good faith performance. County may consider any of its own past dealings with the bidder in making its decision to award the contract. The failure of a bidder to supply information or documents required for bid review may be grounds for a determination of nonresponsibility.
Cancellation of Invitations for Bid/Reservation to Reject all Bids: The IFB may be canceled and any or all bids may be rejected in whole or in part as specified in the solicitation if it is for good cause and in the best interest of the County. The reasons for such cancellation or rejection shall be made part of the contract file. Reasons for cancellation or rejection of this IFB may be provided to bidders upon request.
// // // // // // // //
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County of Orange
Bid 057-RT-C002274
SECTION II: MODEL CONTRACT
AGREEMENT FOR
Purchase of Security Cameras and Installation Services
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AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CONTRACTOR FOR THE ONE-TIME PURCHASE OF SECURITY CAMERAS AND INSTALLATION SERVICES THIS AGREEMENT, (hereinafter referred to as “CONTRACT”), entered into this ______ day of ____________________, 2015, that date is enumerated for the purpose of reference only, is by and between the County of Orange, a political subdivision of the State of California, acting through the Orange County Probation Department, hereinafter referred to as “COUNTY”, and ________________, hereinafter referred to as “CONTRACTOR”. COUNTY and CONTRACTOR may be referred to individually as “Party” or collectively as “Parties”. RECITALS WHEREAS, CONTRACTOR responded to Invitation for Bid (IFB) #057-RT-C002274, “Security Cameras and Installation Services”, issued by the Orange County Probation Department (“Probation”); WHEREAS, COUNTY has determined that CONTRACTOR'S proposed equipment and services meet or exceed the requirements and specifications of the IFB; and WHEREAS, CONTRACTOR agrees to provide security cameras and installation services for COUNTY in accordance with the terms and conditions set forth herein. NOW, THEREFORE, the Parties mutually agree as follows:
I. GENERAL TERMS AND CONDITIONS A.
Governing Law and Venue: This CONTRACT has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this CONTRACT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county.
B.
Entire Contract: This CONTRACT, when accepted by the CONTRACTOR either in writing or by the shipment of any article or other commencement of performance hereunder, contains the entire CONTRACT between the parties with respect to the matters herein and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on COUNTY unless authorized by COUNTY in writing. Electronic acceptance of any additional terms, conditions or supplemental CONTRACTS by any COUNTY employee or agent, including but not limited to installers of software, shall not be valid or binding on COUNTY unless accepted in writing by COUNTY'S Purchasing Agent or his designee, hereinafter "PURCHASING AGENT."
C.
Amendments: No alteration or variation of the terms of this CONTRACT shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on COUNTY unless authorized by COUNTY in writing.
D.
Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax.
E.
Delivery: Time of delivery is of the essence in this CONTRACT. COUNTY reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or description, or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind COUNTY to accept future shipments, nor deprive it the right to return 9 of 27
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goods already accepted, at CONTRACTOR'S expense. Over-shipments and under-shipments of goods shall be only as agreed to in writing by the COUNTY. Delivery shall not be deemed to be complete until goods, or services, have been actually received and accepted in writing by COUNTY. F.
Acceptance/Payment: Unless otherwise agreed to in writing by the COUNTY, 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of COUNTY, and 2) payment shall be made in arrears after satisfactory acceptance.
G.
Warranty: CONTRACTOR expressly warrants that the goods/services covered by this CONTRACT are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon CONTRACTOR'S part to indemnify, defend and hold COUNTY and its indemnities as identified in paragraph “HH” below, and as more fully described in paragraph “HH”, harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by COUNTY by reason of the failure of the goods/services conform to such warranties, faulty work performance, negligent or unlawful acts, and noncompliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
H.
Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this CONTRACT, CONTRACTOR shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this CONTRACT. CONTRACTOR warrants that any software as modified through the services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. CONTRACTOR agrees that, in accordance with the more specific requirement contained in paragraph "HH" below, it shall indemnify, defend, and hold COUNTY and COUNTY INDEMNITEES (as defined in paragraph "HH") harmless from any and all such claims and responsible for payment of costs, damages, penalties and expenses related to or arising from such claim(s), including, but not limited to, attorney's fees, costs and expenses.
I.
Assignment or Sub-contracting: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this CONTRACT nor any portion thereof may be assigned or sub-contracted by CONTRACTOR without the express written consent of COUNTY. Any attempt by CONTRACTOR to assign or sub-contract the performance or any portion thereof this CONTRACT without the express written consent of the COUNTY shall be invalid and shall constitute a breach of this CONTRACT. In the event of such a breach, this Contract may be terminated forthwith. In the event that ADMINISTRATOR should consent to subcontracting, each and all of the provisions for this CONTRACT and any amendment thereto shall extend to and be binding upon and inure to the benefit of the successors or administrators of the respective parties. Whenever the CONTRACTOR is authorized to subcontract, the terms of this CONTRACT shall prevail over those of any such subcontract. In the event the CONTRACTOR is allowed to subcontract, the COUNTY shall look to the CONTRACTOR for the results of its sub-tier. The CONTRACTOR agrees to be responsible for all the subcontractor's acts and omissions to the same extent as if the subcontractors were employees of the CONTRACTOR. No subcontracts shall alter in any way any legal responsibility of the CONTRACTOR to the COUNTY. In the event that ADMINISTRATOR should consent to subcontracting, the CONTRACTOR shall include in all subcontracts the following provision: "This contract is a subcontract under the terms of a prime CONTRACT with the County of Orange. All representations and warranties shall inure to the benefit of the County of Orange."
J.
Non-Discrimination: In the performance of this CONTRACT, CONTRACTOR agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. 10 of 27
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CONTRACTOR acknowledges that a violation of this provision shall subject CONTRACTOR to all the penalties imposed for a violation of Section 1720 et seq. of the California Labor Code. K.1.
Termination - Convenience of County and Default: In addition to any other remedies or rights it may have by law, County has the right to terminate this Contract without penalty immediately with cause or after thirty (30) days’ written notice without cause, unless otherwise specified. Cause shall be defined as any default by the Contractor of the Contract terms or conditions, or any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligations. The agency/department assigned Deputy Purchasing Agent shall terminate the Contract by delivering to the Contractor a written notice of termination specifying the extent of the termination and the effective date thereof. Upon termination of the Contract with Contractor, the County may begin negotiations with a third-party Contractor to provide goods and/or services as specified in this Contract. Notwithstanding the County’s right to terminate this Contract without penalty immediately if Contractor is in default of any of its obligations under this Contract, County may permit Contractor to cure a default by providing written notice to Contractor that Contractor is in default and is required to commence curing the default within ten (10) days after receipt of the written notice and have the default cured by a specified date. If Contractor has not commenced cure within ten (10) days after receipt of the written notice of default from County and cured such default within the time specified in the notice, the County shall immediately be entitled to either commence resolution in accordance with this paragraph or to terminate this Contract by giving written notice to take effect immediately. Default may include failure to carry out any of the requirements of this Contract, including, but not limited to not providing enough properly skilled workers or proper materials, persistently disregarding laws and or ordinances, not proceeding with the work as agreed to herein, or otherwise substantially violating any provision of this Contract. The right of either party to terminate this Contract hereunder shall not be affected in any way by its waiver of, or failure to, take action with respect to any previous default. After receipt of a notice of termination and, except as directed by the assigned Deputy Purchasing Agent, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause: K.1.1
Stop work as specified in the notice of termination;
K.1.2
Place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete the continued portion of the Contract;
K.1.3
Terminate all orders and subcontracts to the extent they relate to the work terminated;
K.1.4
Settle all outstanding liabilities and termination settlement proposals arising from the termination of any subcontracts, the approval or ratification of which will be final for purposes of this clause;
K.1.5
As directed by the assigned Deputy Purchasing Agent, transfer title and deliver to the County (a) fabricated or un-fabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated, and (b) completed or partially completed plans, drawings, information, and other property that, if the Contract had been completed, would be required to be furnished to the County;
K.1.6
Complete performance of the work not terminated; and
K.1.7
Take any action that may be necessary or as the County may direct for the protection and preservation of the property related to this Contract that is in the possession of the Contractor and in which the County has or may acquire an interest and to mitigate any potential damages or requests for Contract adjustment or termination settlement to the maximum practical extent. 11 of 27
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Bid 057-RT-C002274
At the completion of the Contractor’s termination efforts, the Contractor may submit to the assigned Deputy Purchasing Agent a list indicating quantity and quality of termination inventory not previously disposed of and request instructions for disposition of the residual termination inventory. K.2.
Termination – Orderly: After receipt of a termination notice from the County of Orange, the Contractor shall submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than sixty (60) days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Contractor. Upon termination, County agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation plus previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of execution of the Contract. In addition, each party will assist the other party in orderly termination of this Contract and the transfer of all assets, tangible and intangible, as may be necessary for the orderly, non-disruptive business continuation of each party. Unless otherwise provided in this Contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this Contract for three (3) years after final settlement. This includes all books and other evidence bearing on the Contractor’s costs and expenses under this Contract. The Contractor shall make these records and documents available to the County, at the Contractor’s office, at all reasonable times, without any direct charge. If approved by the County, photographs, microphotographs, electronic storage, or other authentic reproductions may be maintained instead of original records and documents.
L.
Consent to Breach Not Waiver: No term or provision of this CONTRACT shall be deemed waived and no breach excused, unless such waiver of consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
M.
Remedies Not Exclusive: The remedies for breach set forth in this CONTRACT are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this CONTRACT does not preclude resort by either party to any other remedies provided by law.
N.
Independent CONTRACTOR: CONTRACTOR shall be considered an independent CONTRACTOR and neither CONTRACTOR, its employees nor anyone working under CONTRACTOR shall be considered an agent or an employee of COUNTY. Neither CONTRACTOR, its employees nor anyone working under CONTRACTOR, shall qualify for workers’ compensation or other fringe benefits of any kind through COUNTY.
O.
Performance: CONTRACTOR shall perform all work under this CONTRACT, taking necessary steps and precautions to perform the work to the COUNTY'S satisfaction. CONTRACTOR shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the CONTRACTOR under this CONTRACT. CONTRACTOR shall perform all work diligently, carefully, and in a good and workman-like manner; shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore; shall obtain and maintain all permits and licenses required by public authorities in connection with performance of the work; and, if permitted to subcontract, shall be fully responsible for all work performed by subcontractors.
P.
Insurance Provisions: Prior to the provision of services under this CONTRACT, the CONTRACTOR agrees to purchase all required insurance at CONTRACTOR’S expense and to deposit with the COUNTY Certificates of Insurance, including all endorsements required herein, necessary to satisfy the COUNTY that the insurance provisions of this CONTRACT have been complied with and to keep such insurance coverage and the certificates therefore on deposit with the COUNTY during the entire term of this CONTRACT. In addition, all subcontractors performing work on behalf of CONTRACTOR pursuant to this CONTRACT shall obtain insurance subject to the same terms and conditions as set forth herein for CONTRACTOR.
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County of Orange
Bid 057-RT-C002274
All self-insured retentions (SIRs) and deductibles shall be clearly stated on the Certificate of Insurance. If no SIRs or deductibles apply, indicate this on the Certificate of Insurance with a 0 by the appropriate line of coverage. Any self-insured retention (SIR) or deductible in an amount in excess of $25,000 ($5,000 for automobile liability), shall specifically be approved by the County Executive Office (CEO)/Office of Risk Management. If the CONTRACTOR fails to maintain insurance acceptable to the COUNTY for the full term of this CONTRACTOR, the COUNTY may terminate this CONTRACT. Qualified Insurer Minimum insurance company ratings as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com shall be A- (Secure A.M. Best's Rating) and VIII (Financial Size Category). The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier). If the carrier is a non-admitted carrier in the state of California and does not meet or exceed an A.M. Best rating of A-/VIII, CEO/Office of Risk Management retains the right to approve or reject carrier after a review of the company's performance and financial ratings. If the non-admitted carrier meets or exceeds the minimum A.M. Best rating of A-/VIII, the agency can accept the insurance. The policy or policies of insurance maintained by the CONTRACTOR shall provide the minimum limits and coverage as set forth below: Coverage
Minimum Limits
Commercial General Liability
$1,000,000 per occurrence $2,000,000 aggregate
Automobile Liability including coverage for owned, non-owned and hired vehicles
$1,000,000 per occurrence
Workers' Compensation
Statutory
Employers' Liability Insurance
$1,000,000 per occurrence
Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance: 1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming the County of Orange, its elected and appointed officials, officers, employees, agents as Additional Insureds.
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County of Orange
Bid 057-RT-C002274
2) A primary non-contributing endorsement evidencing that the CONTRACTOR'S insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and noncontributing. All insurance policies required by this CONTRACT shall waive all rights of subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees. All insurance policies required by this CONTRACT shall give the County of Orange 30 days notice in the event of cancellation and 10 days for non-payment of premium. This shall be evidenced by policy provisions or an endorsement separate from the Certificate of Insurance. If CONTRACTOR'S Professional Liability policy is a "claims made" policy, CONTRACTOR shall agree to maintain professional liability coverage for two years following completion of CONTRACT. The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insureds” clause (standard in the ISO CG 0001 policy). Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the CONTRACTOR fails to provide the insurance certificates and endorsements within seven days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor. COUNTY expressly retains the right to require CONTRACTOR to increase or decrease insurance of any of the above insurance types throughout the term of this CONTRACT. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect COUNTY. COUNTY shall notify Contractor in writing of changes in the insurance requirements. If CONTRACTOR does not deposit copies of acceptable certificates of insurance and endorsements with COUNTY incorporating such changes within thirty days of receipt of such notice, this CONTRACT may be in breach without further notice to CONTRACTOR, and COUNTY shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR'S liability hereunder nor to fulfill the indemnification provisions and requirements of this CONTRACT, nor act in any way to reduce the policy coverage and limits available from the insurer. Q.
Bills and Liens: CONTRACTOR shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. CONTRACTOR shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, CONTRACTOR shall promptly procure its release and, in accordance with the requirements paragraph "HH" below, indemnify, defend, and hold COUNTY harmless and be responsible for payment of all costs, penalties and expenses related to arising from or related thereto.
R.
Changes: CONTRACTOR shall make no changes in the work or perform any additional work without the COUNTY'S specific written approval.
S.
Change of Ownership: CONTRACTOR agrees that if there is a change or transfer in ownership of CONTRACTOR'S business prior to completion of this CONTRACT, the new owners will be required under terms of sale or other transfer to assume CONTRACTOR'S duties and obligations contained in this CONTRACT and complete them to the satisfaction of COUNTY. 14 of 27
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Bid 057-RT-C002274
T.
Force Majeure: CONTRACTOR shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this CONTRACT caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided CONTRACTOR gives written notice of the cause of the delay to COUNTY within 36 hours of the start of the delay and CONTRACTOR avails himself of any available remedies.
U.
Confidentiality: CONTRACTOR agrees to maintain the confidentiality of all COUNTY and COUNTY-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this CONTRACT. All such records and information shall be considered confidential and kept confidential by CONTRACTOR and CONTRACTOR'S staff, agents and employees.
V.
Compliance with Laws: CONTRACTOR represents and warrants that the services to be provided under this CONTRACT shall fully comply, at CONTRACTOR'S expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not limited to those issued by COUNTY in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by COUNTY. CONTRACTOR acknowledges that COUNTY is relying on CONTRACTOR to ensure compliance, and pursuant to the requirements of paragraph "HH" below, CONTRACTOR agrees that it shall defend, indemnify and hold COUNTY and COUNTY INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.
W.
Freight (F.O.B. Destination): CONTRACTOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this CONTRACT.
X.
Pricing: The CONTRACT bid price shall include full compensation for providing all required goods in accordance with required specifications, or services as specified herein or when applicable, in the scope of services attached to this CONTRACT, and no additional compensation will be allowed therefore, unless otherwise provided for in this CONTRACT.
Y.
This article is intentionally left blank.
Z.
Terms and Conditions: CONTRACTOR acknowledges that it has read and agrees to all terms and conditions included in this CONTRACT.
AA.
Headings: The various headings and numbers herein, the grouping of provisions of this CONTRACT into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof.
BB.
Severability: If any term, covenant, condition or provision of this CONTRACT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired and invalidated thereby.
CC.
Calendar Days: Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided.
DD.
Attorney Fees: In an action of proceeding to enforce and interpret any provision of this CONTRACT, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and expenses.
EE.
Interpretation: This CONTRACT has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this CONTRACT. In addition, each party has been represented by experienced and knowledgeable independent legal counsel of their own choosing, or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this CONTRACT by any other party hereto or by a person representing them, or both. Accordingly, any rule of law (including California Division 15 of 27
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County of Orange
Bid 057-RT-C002274
Code Section 1654) or legal decision that would require interpretation of any ambiguities in this CONTRACT against the party that has drafted it, is not applicable and is waived. The provision of this CONTRACT shall be interpreted in a reasonable manner to effect the purpose of the parties and this CONTRACT. FF.
Authority: The Parties to this CONTRACT represent and warrant that this CONTRACT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.
GG.
Employee Eligibility Verification: The CONTRACTOR warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this CONTRACT meet the citizenship or alien status requirement set forth in Federal statues and regulations. The CONTRACTOR shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The CONTRACTOR shall retain all such documentation for all covered employees for the period prescribed by the law. The CONTRACTOR shall indemnify, defend with counsel approved in writing by COUNTY, and hold harmless, the COUNTY, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the CONTRACTOR or the COUNTY or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this CONTRACT.
HH.
Indemnification Provisions: CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold harmless the COUNTY, its officers, elected and appointed officials, employees, agents and those special districts and agencies which COUNTY'S Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES"), harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CONTRACTOR pursuant to this CONTRACT. If judgment is entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
II.
ADDITIONAL TERMS AND CONDITIONS
1.0
Scope of CONTRACT: CONTRACTOR shall provide security camera systems, including cameras, network video recorders, and enterprise software licenses; installation equipment, materials, supplies, and tools; installation services; and any other related items necessary to install security camera systems as specified in this CONTRACT, pursuant to Section III ("Scope of Contract") of this CONTRACT.
2.0
Compensation and Payment: The CONTRACTOR agrees to accept the specified compensation as set forth in Section IV of this CONTRACT, entitled “Cost/Compensation for Contract Services," as full remuneration for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the CONTRACTOR of all its duties and obligations hereunder.
3.0
Conflict of Interest: The CONTRACTOR shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the COUNTY. This obligation shall apply to the CONTRACTOR; the CONTRACTOR’S employees, agents, and relatives; sub-tier contractors; and third parties associated with accomplishing work and services hereunder. The CONTRACTOR’S efforts shall include, but not be limited to, establishing precautions to prevent its employees or agents from making, receiving, providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interests of the COUNTY.
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Bid 057-RT-C002274
The Orange County Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The CONTRACTOR shall not, during the period of this CONTRACT, employ any COUNTY employee for any purpose. 4.0
5.0
Contingency of Funds: CONTRACTOR acknowledges that funding or portions of funding for this CONTRACT may be contingent upon State budget approval; receipt of funds from, and/or obligation of funds by the State of California to COUNTY; and inclusion of sufficient funding for the services hereunder in the budget approved by COUNTY’S Board of Supervisors for each fiscal year covered by this CONTRACT. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, COUNTY may immediately terminate or modify this CONTRACT without penalty. Child Support Enforcement Requirements: In order to comply with child support enforcement requirements of the County of Orange, within ten (10) days of notification of selection of award of CONTRACT, but prior to official award of CONTRACT, the selected CONTRACTOR hereby agrees to furnish assigned Deputy Purchasing Agent with the required CONTRACTOR data and certifications, in the form of Exhibit A to this CONTRACT, entitled “County of Orange Child Support Enforcement Certification Requirements,” attached hereto and incorporated herein by reference. Failure of CONTRACTOR to timely submit the data and/or certifications required above or to comply with all federal and state employee reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment shall constitute a material breach of this CONTRACT. Failure to cure such breach within sixty (60) calendar days of notice from the COUNTY shall constitute grounds for termination of this CONTRACT.
6.0
EDD Independent Contractor Reporting Requirement: Effective January 1, 2001, the COUNTY is required to file federal Form 1099-Misc for services received from a “Service provider” to whom the COUNTY pays $600 or more or with whom the COUNTY enters into a Contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term “Service provider” is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as “an individual who is not an employee of the Service recipient for California purposes and who received compensation or executes a Contract for services performed for that Service recipient within or without the state.” The term is further defined by the California Employment Development Department to refer specifically to independent contractors. An independent Contractor is defined as “an individual who is not an employee of the government entity for California purposes and who receives compensation or executes a Contract for services performed for that government entity either in or outside of California.” The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at http://www.edd.ca.gov/Payroll_Taxes/FAQ__California_Independent_Contractor_Reporting.htm. To comply with the reporting requirements, COUNTY procedures for contracting with independent contractors mandate that the following information be completed and forwarded to the contracting agency/department immediately upon request: First name, middle initial and last name Social Security Number Address Start and expiration dates of Contract Amount of Contract 17 of 27
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Bid 057-RT-C002274
7.0
CONTRACTOR Bankruptcy/Insolvency: If the CONTRACTOR should be adjudged bankrupt or should have a general assignment for the benefit of its creditors or if a receiver should be appointed on account of the CONTRACTOR’S insolvency, the COUNTY may terminate this CONTRACT.
8.0
Breach of CONTRACT: The failure of the CONTRACTOR to comply with any of the provisions, covenants or conditions of this CONTRACT shall be a material breach of this CONTRACT. In such event the COUNTY may, and in addition to any other remedies available at law, in equity, or otherwise specified in this CONTRACT: 8.1
Discontinue payment to the CONTRACTOR for and during the period in which the CONTRACTOR is in breach; and offset against any monies billed by the CONTRACTOR but yet unpaid by the COUNTY those monies disallowed pursuant to the above.
9.0
Remedies Not Exclusive: The remedies for breach set forth in this CONTRACT are cumulative as to one another and as to any other provided by law, rather than exclusive; and the expression of certain remedies in this CONTRACT does not preclude resort by either party to any other remedies provided by law.
10.0
Interpretation of CONTRACT: In the event of a conflict or question involving the provisions of any part of this CONTRACT, interpretation and clarification, as necessary, shall be determined by the COUNTY’S assigned deputy purchasing agent. If discrepancies in CONTRACT exist between the CONTRACTOR and the COUNTY’S assigned deputy purchasing agent in interpreting the provision(s), final interpretation and clarification shall be determined by the COUNTY’S Purchasing Agent or his/her designee.
11.0
Conflict with Existing Law: The CONTRACTOR and the COUNTY agree that if any provision of this CONTRACT is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the CONTRACT shall remain in full force and effect. Either party having knowledge of such term or provisions shall promptly inform the other of the presumed non-applicability of such provision. Should the offending provision go to the heart of the CONTRACT, the CONTRACT shall be terminated in a manner commensurate with interests of both parties to the maximum extent reasonable.
12.0
Covenant Against Contingent Fees: CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this CONTRACT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONTRACTOR for the purpose of securing business. For breach or violation of this warranty, COUNTY shall have the right to terminate this CONTRACT in accordance with the termination clause and, in its sole discretion, to deduct from the CONTRACT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee from CONTRACTOR.
// // // //
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County of Orange
III. A.
Bid 057-RT-C002274
SCOPE OF CONTRACT
Statement of Work: The Orange County Probation Department requests security camera systems and installation services for the prevention of crime and investigation of crime, for four (4) office building locations, located at: 1.0
Santa Ana Office: 909 N. Main Street, Suite 1, Santa Ana, CA 92701.
2.0
West County Field Services Office: 14180 Beach Boulevard, Westminster, CA 92683
3.0
Youth Reporting Center - North Region: 160 W. Cerritos Avenue, Building 4, Anaheim, CA 92805
4.0
Youth Reporting Center - Central Region: 1001 S. Grand Avenue, Santa Ana, CA 92705
CONTRACTOR shall provide security camera systems, including cameras, network video recorders, and enterprise software licenses; installation equipment, materials, supplies, and tools; installation services; and any other related items necessary to install security camera systems as specified in this Scope of Contract. B.
Minimum Requirements: 1.0
Past Experience: CONTRACTOR must have been in the business of providing security cameras and installation services for at least five (5) years.
2.0
Contractor’s License Classification Requirement: CONTRACTOR shall possess C-10, Electrical, and C-7, Low Voltage Systems Contractor’s License Classifications at the time the bid is submitted.
3.0
Avigilon Certified Partner: CONTRACTOR must be an Avigilon Certified Partner that has signed an agreement with Avigilon to be a certified partner.
4.0
C.
CONTRACTOR’S Technicians/Installers: 4.1
Each technician/installer must have been trained and certified by Avigilon and who has been issued level two installation certification by Avigilon.
4.2
Each technician/installer must be an employee of CONTRACTOR.
4.3
Each technician/installer shall have a minimum of 5 years experience in performing work similar to that required for this project.
4.4
Each technician/installer shall be licensed by the State of California, Department of Consumer Affairs, Bureau of Security and Investigative Services.
4.5
Each technician/installer, who will perform work in Probation Department facilities or on Probation Department property, is required to undergo and pass a security clearance including being fingerprinted.
Equipment Specifications: (No Substitutes) CONTRACTOR shall purchase and furnish the following camera systems necessary for installation services by CONTRACTOR: 19 of 27
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County of Orange
Bid 057-RT-C002274
No Substitutes: Only bids for Avigilon security camera systems, including cameras, network video recorders, enterprise software licenses, pendant mount brackets, and junction boxes will be accepted. If bidder bids an alternative security camera system as a proposed substitute to the Avigilon security camera systems, as specified in this IFB, the bid shall be deemed non-responsive. 1.0
Cameras: CONTRACTOR shall provide 56 Avigilon cameras, as follows: 1.1 1.2 1.3 1.4
2 Megapixel Indoor Dome 3-9mm (Avigilon 2.0-H3-D1): 40 each 2 Megapixel Outdoor Dome 3-9mm (Avigilon 2.0-H3-DO1): 8 each 2 Megapixel Pan/Tilt/Zoom (Avigilon 2.0W-H3PTZ-DP2O): 2 each 2 Megapixel Bullet 9-22mm (Avigilon / 2.0-H3-BO2): 6 each
Camera Types by Location:
Camera No.
Brand / Model
1 2 3 4 5 6 7 8 9 10
Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-DO1 Avigilon / 2.0W-H3PTZ-DP2O Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1
Camera No.
Brand / Model
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-DO1 Avigilon / 2.0W-H3PTZ-DP2O Avigilon / 2.0-H3-BO2 Avigilon / 2.0-H3-BO2 Avigilon / 2.0-H3-BO2 Avigilon / 2.0-H3-BO2 Avigilon / 2.0-H3-BO2 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1
Camera No.
Brand / Model
1 2 3 4 5
Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1
Description Santa Ana Office
2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Outdoor Dome 3-9mm 2 Megapixel Pan/Tilt/Zoom (PTZ) 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm Description West County Field Services Office
2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Outdoor Dome 3-9mm 2 Megapixel Pan/Tilt/Zoom (PTZ) 2 Megapixel Bullet 9-22mm 2 Megapixel Bullet 9-22mm 2 Megapixel Bullet 9-22mm 2 Megapixel Bullet 9-22mm 2 Megapixel Bullet 9-22mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm Description Youth Reporting Center – North Region
2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm
Internal Infrared Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Internal Infrared Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Internal Infrared Yes Yes Yes Yes Yes Yes
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6 7 8 9 10 11 12 13 14 15 16 Camera 1 2 3 4 5 6 7 8 9 10 11 12 13 14
2.0
Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-DO1 Avigilon / 2.0-H3-DO1 Avigilon / 2.0-H3-DO1 Brand / Model Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-D1 Avigilon / 2.0-H3-DO1 Avigilon / 2.0-H3-DO1 Avigilon / 2.0-H3-DO1 Avigilon / 2.0-H3-BO2
2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Outdoor Dome 3-9mm 2 Megapixel Outdoor Dome 3-9mm 2 Megapixel Outdoor Dome 3-9mm Description Youth Reporting Center – Central Region
2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Indoor Dome 3-9mm 2 Megapixel Outdoor Dome 3-9mm 2 Megapixel Outdoor Dome 3-9mm 2 Megapixel Outdoor Dome 3-9mm 2 Megapixel Bullet 9-22mm
Bid 057-RT-C002274
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Internal Infrared Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Avigilon Network Video Recorder (NVR): Model No. VMA-AS1-16P12 CONTRACTOR shall provide four (4) Avigilon all-in-one Network Video Recorder (NVR) units: Model No. VMA-AS1-16P12 (one for each system at each facility location) with internal switch, with at least one (1) management/remote viewing network interface that is internally segmented off from the camera network, 12 Terabytes (TB) storage, recording upon motion detection, and ability to dump footage to an external USB drive on a set schedule.
3.0
Avigilon Enterprise Software License: Part No. 16C-ACC5-STD-ENT-UPG CONTRACTOR shall provide four (4) Avigilon Enterprise Software Licenses: Part No. 16C-ACC5STD-ENT-UPG (one for each system at each facility location).
4.0
Avigilon Pendant Mount Bracket: Part No. MNT-PEND-WALL CONTRACTOR shall provide two (2) Avigilon Pendant Mount Brackets for mounting of PTZ cameras.
5.0
Avigilon Junction Box: Part No. H3-BO-JB CONTRACTOR shall provide six (6) Avigilon Junction Boxes for mounting of bullet cameras.
5.0
Cable: CONTRACTOR shall provide cable as recommended by manufacturer, and follow the manufacturer’s recommendation for cabling. 21 of 27
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D.
Bid 057-RT-C002274
Installation Services and Responsibilities of CONTRACTOR: CONTRACTOR SHALL: 1.0
Provide and install every camera equipment, as identified in this bid, all necessary cabling, and to provide an operational system.
2.0
Provide wiring from the NVR unit to all cameras, to the viewing station, and to the nearest network switch (for the management/remote viewing port). This includes any devices required to boost the signal (such as repeaters) to have the system function at its intended picture quality.
3.0
Program the recordings at ten (10) frames per second.
4.0
Follow the manufacturer’s recommendation for cabling, including type of cable.
5.0
Install and program the viewing software on a Probation-supplied personal computer (PC)/monitor.
6.0
Program the cameras into the system.
7.0
Mount each camera in accordance with Probation-approved drawings.
8.0
Include all required mounts or approved Avigilon mounts to have the cameras installed at desired location, i.e., ceilings, walls, and/or poles.
9.0
Use Avigilon pendant mount bracket Model/Part No. MNT-PEND-WALL for mounting of PTZ cameras.
10.0
Use Avigilon junction box Model/Part No. H3-BO-JB for mounting of bullet cameras.
11.0
Ensure conduit that connects junction boxes to cameras be secured to walls.
12.0
Utilize existing junction boxes for building penetrations where available. Building penetrations are to be through the walls only and are to be sealed and weather proof.
13.0
Repair any ceiling tiles that are damaged or compromised during the installation services.
14.0
Ensure that no exposed wires hanging from the ceiling or along walls or rolled up near wall outlets.
15.0
Keep work area clean and free of debris at all times. CONTRACTOR to dispose of waste at the end of every work day. On-site dumpsters are not to be used by the CONTRACTOR.
16.0
Seal all penetrations and mounting plates to prevent water from entering the building.
17.0
Make all necessary connections and terminations for complete system.
18.0
Guarantee their installation services for one (1) year from date of installation services.
19.0
Training: Provide a minimum of two (2) hours onsite training to Probation personnel. The training session shall include, but is not limited to programming, operation, service, and maintenance. Training shall be provided by engineer or technician highly skilled in the system and certified by manufacturer.
20.0
Background Clearance: At least 30 days prior to the start of the Contract, or as soon as possible thereafter, submit a list to the Probation Department Background Investigation Unit, P.O. Box 10260, Santa Ana, CA 92711 of persons who will be assigned to perform services under this Contract so that Probation can conduct background investigations of those assigned individuals as required by this Contract. While clearance may be denied for many reasons based on information obtained in a background investigation, 22 of 27
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Bid 057-RT-C002274
an omission or false statement made by the individual, regardless of the nature or magnitude of the omission or false statement, may also be grounds for denying clearance. Notify the Probation Department Background Unit in writing within thirty (30) days of separation, the name of any approved individual who leaves the Contractor’s employment. E.
F.
Locations of Installation Services: 1.0
Santa Ana Office: 909 N. Main Street, Suite 1, Santa Ana, CA 92701
2.0
West County Field Services Office: 14180 Beach Boulevard, Westminster, CA 92683
3.0
Youth Reporting Center - North Region: 160 W. Cerritos Avenue, Building 4, Anaheim, CA 92805
4.0
Youth Reporting Center - Central Region: 1001 S. Grand Avenue, Santa Ana, CA 92705
Required Installation Services Start Date: Within two (2) weeks following technicians/installers passing security clearance, as will be conducted by Probation.
G.
Hours of Installation Services: Monday through Friday, 8:00 AM to 4:00 PM
H.
Responsibilities of COUNTY: 1.0
Conduct a background investigation on each individual identified as assigned to perform services under this Contract in accordance with Section III.D.20.0 (“Responsibilities of CONTRACTOR - Background Clearance”) above. The background investigation may include, but shall not be limited to an interview, fingerprinting, completion of a personal history statement and pre-investigative questionnaire, verification of education and prior employment history, and a criminal record check with the Department of Justice. The Department of Justice will notify Probation of any subsequent arrest and/or conviction of any individual approved to perform services under this Contract. All Contractor Personnel assigned under this Contract are required to receive prior background clearance from Probation before providing any services. A representative from Probation’s Background Unit will notify Contractor as to whether or not each individual has passed background. If an individual is denied clearance, neither the County nor Probation will provide a reason for the denial to the Contractor or to the individual.
2.0
Supply computer equipment for each monitoring station.
3.0
Install electrical outlets, if needed.
// // // //
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County of Orange
IV.
Bid 057-RT-C002274
COST/COMPENSATION FOR CONTRACT SERVICES (Bidder to complete and return with bid response)
This is a fixed-price agreement between the COUNTY and CONTRACTOR for providing security camera systems and installation services as specified in the scope of contract of this CONTRACT. In accordance with the provisions of the General Terms and Conditions, Additional Terms and Conditions, and Scope of Contract herein, the CONTRACTOR shall only be compensated as set forth below. A.
Pricing 1. Products: Cameras, Network Video Recorders, Enterprise Software Licenses, Pendant Mount Brackets, Junctions Boxes, and Cable, for all four (4) office building locations: Santa Ana Office, West County Field Services Office, Youth Reporting Center - North Region, and Youth Reporting Center – Central Region, as specified in Section III, Scope of Contract; Paragraph C, Equipment Specifications
$____________
2. Installation Services for all four (4) office building locations: Santa Ana Office, West County Field Services Office, Youth Reporting Center - North Region, and Youth Reporting Center – Central Region, as specified in Section III, Scope of Contract; Paragraph D, Installation Services and Responsibilities of CONTRACTOR
$____________
Sales Tax (applicable to products only)
$____________
Total Cost of Project:
$____________
COUNTY shall pay CONTRACTOR in an amount not to exceed $Total Cost of Project. B.
Invoicing and Payment: 1. CONTRACTOR shall send a correct invoice to Probation after completion of the installation of the equipment to the following: Orange County Probation Department Attention: Rick Tran P.O. Box 10260 Santa Ana, CA 92711 2. Payment will be net thirty (30) days in arrears after receipt of an invoice. 3. Payments made by the COUNTY shall not preclude the right of the COUNTY from thereafter disputing any services invoiced or billed under this CONTRACT and shall not be construed as acceptance of any part of the services.
// // // // //
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County of Orange
Bid 057-RT-C002274
IN WITNESS WHEREOF, the Parties hereto have caused this CONTRACT to be executed in the County of Orange,
State of California.
CONTRACTOR*
Print Name
Title
Signature
Date
Print Name
Title
Signature
Date
* If the Contractor is a corporation, signatures of two specific corporate officers are required as further set forth. The first corporate officer signature must be by one of the following: 1) the Chairman of the Board; 2) the President; 3) any Vice President. The second corporate officer signature must be by one of the following: a) Secretary; b) Assistant Secretary; c) Chief Financial Officer; d) Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate Resolution demonstrating the legal authority of the signatory to bind the company.
County of Orange A political subdivision of the State of California
Name
Title
Signature
/ Date
/
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County of Orange
Bid 057-RT-C002274
EXHIBIT A
County of Orange Child Support Enforcement Certification Requirements A.
In the case of an individual Contractor, his/her name, date of birth, Social Security number, and residence address: Name: D.O.B: Social Security No: Residence Address:
B.
In the case of a Contractor doing business in a form other than as an individual, the name, date of birth, Social Security number, and residence address of each individual who owns an interest of ten percent (10%) or more in the contracting entity: Name: D.O.B: Social Security No: Residence Address: Name: D.O.B: Social Security No: Residence Address: Name: D.O.B: Social Security No: Residence Address:
C.
A certification that the Contractor has fully complied with all applicable federal and state reporting requirements regarding its employees; and
D.
A certification that the Contractor has fully complied with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment and will continue to so comply. “I certify that ___________________ is in full compliance with all applicable federal and state reporting requirements regarding its employees and with all lawfully served Wage and Earnings Assignment Orders and Notices of Assignments and will continue to be in compliance throughout the term of Contract ________________ with the County of Orange. I understand that failure to comply shall constitute a material breach of the Contract and that failure to cure such breach within ten (10) calendar days of notice from the County shall constitute grounds for termination of the Contract.
Authorized Signature
Name
Title
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Bid 057-RT-C002274
EXHIBIT B References (Bidder to complete and return with bid response) Minimum of three firms/agencies for whom installation services of camera systems were performed in the past five years REFERENCE NO. 1 Firm/Agency Name: ______________________________________________________________________ Address: ________________________________________________________________________________ Contact Person’s Name: ____________________________________________________________________ Contact Person’s Title: _____________________________________________________________________ Telephone Number: _______________________________________________________________________ Project Description: _______________________________________________________________________ Contract Amount: ____________________________ Completion Date: _____________________________
REFERENCE NO. 2 Firm/Agency Name: ______________________________________________________________________ Address: ________________________________________________________________________________ Contact Person’s Name: ____________________________________________________________________ Contact Person’s Title: _____________________________________________________________________ Telephone Number: _______________________________________________________________________ Project Description: _______________________________________________________________________ Contract Amount: ____________________________ Completion Date: _____________________________
REFERENCE NO. 3 Firm/Agency Name: ______________________________________________________________________ Address: ________________________________________________________________________________ Contact Person’s Name: ____________________________________________________________________ Contact Person’s Title: _____________________________________________________________________ Telephone Number: _______________________________________________________________________ Project Description: _______________________________________________________________________ Contract Amount: ____________________________ Completion Date: _____________________________ 27 of 27 4/23/2015 11:20 AM
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County of Orange
Bid 057-RT-C002274
Question and Answers for Bid #057-RT-C002274 - Security Cameras and Installation Services
5
Overall Bid Questions There are no questions associated with this bid. Question Deadline: May 1, 2015 11:00:00 AM PDT
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