REQUEST FOR PROPOSAL JAIL SURVEILLANCE SYSTEM

Transcription

1 REQUEST FOR PROPOSAL JAIL SURVEILLANCE SYSTEM NOTICE Summit County is currently soliciting proposals for qualified professional services to upgrade the existing analog surveillance system to a digital, open platform IP video recording management system for the Summit County Jail. The Jail is located at 6300 Justice Center Road, Park City, UT Specifications for this request for proposal can be found at or the Summit County website at Each proposal shall specify each and every item as set forth in the specifications. Any and all exceptions must be clearly stated in the proposal. Failure to set forth any item in the specifications without taking exception may be grounds for rejection. Summit County reserves the right to reject all proposals and to waive any informality. If your firm is interested and qualified, please submit your proposal, per specification requirements, by 3:00 PM on May 22, 2015 to: Summit County Attn: Matt Jensen, Purchasing Agent P.O. Box North Main Coalville, UT Questions about the process should be directed to Matt Jensen at (435) For technical questions and information contact Kati Booth at (435) NOTE: A pre-proposal conference will be held on Monday, May 11, 2015 at 1:30 PM at the Summit County Sheriff s Office, 6300 Justice Center Road, Park City, UT Although this meeting is not mandatory, it is strongly recommended that a representative from interested firms attend. RFP JAIL SURVEILLANCE SYSTEM. PAGE 1

2 SUMMIT COUNTY REQUEST FOR PROPOSALS INSTRUCTIONS TO PROPOSERS I. All proposals, consisting of three (3) printed copies and one (1) electronic copy in PDF format must be received by mail or had delivered no later than 3:00 PM on May 22, Late proposals will not be considered. II. All correspondence should be directed to: Summit County Attn: Matt Jensen, Purchasing Agent P.O. Box North Main Coalville, UT RE: JAIL SURVEILLANCE SYSTEM III. IV. Costs of preparation of proposals will be borne by the proposer. Selection of qualified proposers will be by an approved County procedure for awarding professional contracts. V. This request does not constitute an offer of employment or to contract for services. VI. VII. VIII. IX. The County reserves the right the option to reject any or all proposals, wholly or in part, received by reason of this request. The County reserves the option to retain all proposals, whether selected or rejected. All proposals shall remain firm for ninety (90) days following closing date for receipt of proposals. The County reserves the right to award the contract to the firm who presents the proposal which in the judgment of the County, best accomplishes the desired results, and shall include, but not be limited to a consideration of the professional service fee. X. Selection will be made on the basis of the proposals as submitted. The Selection Committee may deem it necessary to interview applicants. The County retains the right to interview applicants as part of the selection process. XI. The proceedings of the Selection Committee are confidential. Members of the Selection Committee are not to be contacted by the proposers. RFP JAIL SURVEILLANCE SYSTEM. PAGE 2

3 XII. Proposal Format: A qualifying proposal must address all of the following points in 20 pages or less: 1. Project Title 2. Applicant or Firm Name 3. Firm Qualifications a. Type of organization, size, professional registration and affiliations. b. Names and qualifications of personnel to be assigned to this project. c. Outline of recent projects completed that are directly related to this project. Proposer is required to demonstrate specific design and project expertise relating to the requirements in the Scope of Work. d. Qualifications of consultants, subcontractors, or joint venture firm, if appropriate. e. Client references from recent related projects, including name, address, and phone number of individual to contact for referral. 4. Understanding and Approach to the Project a. Summary of approach to be taken. b. Description of the organization and staffing to be used for the project. c. Indication of information and participation the proposer will require from County staff. d. Indication of time frame necessary to complete the project once a Notice to Proceed is issued. 5. Proposed Warranty and Support Services a. Summary of initial warranty plan for equipment, systems, and installation (minimum of one (1) year). b. Description and costs of extended warranty and maintenance plan for facility beyond initial warranty plan.. 6. Fees and Insurance a. Proposed total fixed fees to complete project as described under Scope of Work. b. Proof of insurance coverage as described under Attachment A. This amount of insurance coverage shall be reflected in your estimated professional fee. RFP JAIL SURVEILLANCE SYSTEM. PAGE 3

4 SUMMIT COUNTY JAIL SURVEILLANCE SYSTEM SCOPE OF WORK I. INTRODUCTION Summit County ( County ) is soliciting proposals from qualified firms ( Proposer ) to upgrade the existing analog surveillance system to a digital, open platform IP video recording management system for the Summit County Jail and Utah State District Court. Proposals must include deployment of a complete functioning IP-based video system including cameras (with appropriate mounts), workstations, monitors, switches, network infrastructure, recording servers, video management software, and all other necessary elements of a complete and functioning video surveillance system for a law enforcement organization. II. BACKGROUND The Summit County Sheriff s Office operates the Jail and County Court at the Justice Center Complex located at 6300 Justice Center Road, Park City, UT The District Court is located in a connected building. The complex is broken into eight (8) areas; Central Control, Housing, Intake/Booking, Services, County Court, District Court, Administration/Miscellaneous, and Exterior. The current video monitoring system consists of 89 cameras with 2 separate CCTV systems that operate independently from each other. 32 of these cameras have video recording and 6 areas have combined audio and video recording. 110 Volt power is available through the facility. This RFP is designed to select a single provider to install 104 new surveillance cameras, mounts, and connections while upgrading monitoring and recording equipment to current digital IP standards. Key program components include the following: Improve CCTV viewing flexibility/capabilities at the Jail and Court locations. Complete CCTV system migration from analog to IP solution. Improve storage resolution by providing a system that will record with improved image resolution. Reduce amount of equipment required in equipment rooms. Prepare the County s users for operation and basic system maintenance by providing comprehensive training to County user groups and maintenance staff (8 hours total). III. TASKS TO BE COMPLETED The proposed upgrade will include: 1. Remove and upgrade existing monitoring/recording head-end equipment and upgrade to a digital video recording management system as described within this specification. RFP JAIL SURVEILLANCE SYSTEM. PAGE 4

5 2. Integrate all camera call up with new touch screen systems and other security electronics systems. 3. Remove and replace existing two-way intercom system. Audio and video at 8 locations will be recorded. 4. Provide installation of additional cameras, and related equipment. In specific areas, low light/night cameras will be required. (The jail facility is of cement wall construction and may require conduit to each camera location). 5. Providing monitoring capabilities. 6. The monitor shall provide an on-screen display for setup and adjustment of the monitor viewing parameters. Monitor digital resolution to be approved by the County and should not be less than 1280 x 1024 pixels. 7. Provide recording capabilities of all cameras. Store recorded data for a minimum of 30 days, 24/7 for all cameras. 8. Recording of cameras will be continuous or on video motion, as determined by the County. 9. Retrofit, reconfigure, or relocate existing or additional equipment rooms for recording equipment. If necessary, provide the required air circulation or ventilation to maintain proper temperature of the storage room. 10. Retrofit, reconfigure, or relocate existing or additional equipment required to make system fully functional. 11. Provide battery back-up power protection (UPS) to cameras and monitoring/recording systems, and connect to the Jail s emergency generator system. The requirements described herein are considered reasonable to meet the County s needs. The County is interested in exploring new technological solutions that would enhance the video surveillance system. Contractors having alternative proposals to meet these needs, may, after responding to the minimum requirements hereunder, offer alternative solutions for consideration by the County. Contractors should pay careful attention to potential vandalism from the jail population, and install equipment in a manner that will reduce or minimize potential damage and/or need for RFP JAIL SURVEILLANCE SYSTEM. PAGE 5

6 adjustments. Contractor will be responsible for all cost associated with acquiring of equipment and hardware, and installation for an operational recording system. All necessary hardware, conduit, cables, fittings and boxes to locations in appropriate diameter as determined by Contractor shall be supplied. Contractor shall provide and install all necessary parts, connectors, and wiring for proper system operation per manufacturer specifications. After installation, Contractor shall restore the premise to its original condition, and will be responsible for repairing wall penetrations. Cameras and enclosures shall consist of tamper/impact resistant, surface-mount enclosures. The enclosures shall meet or exceed the following design and performance specifications: 1. Enclosures shall be easy to install, requiring only standard tools. 2. Tamper resistant, pin-in-hex screws and tightening tool shall be provided to secure the cover assembly to the enclosure. Cameras and enclosures, when installed, shall have no exposed cables. Field-of-View Testing: After camera and lens installation, and with consoles installed, demonstrate field-of-view of each camera/lens combination to the County. Replace lens type and/or adjust camera positioning as needed to obtain the County s desired field-of-view at no additional cost. IV. NEW EQUIPMENT AND SYSTEMS OPERATIONS REQUIREMENTS 1. Digital Video Recording System Provide a digital video recording system that meets or exceeds the specifications of the Milestone XProtect Expert platform (see Attachment C for specifications). Provide separate management and recording servers to meet or exceed the following specifications: a. Management Server 1U Rack Mount. 16GB Intel Xeon E5, 8x 2.5 bays, RPS, Windows Server 2012 R2, 5yr NBD On-site HP Warranty, Quad Gigabit Ethernet b. Recording Server 2U Rack Mount. 16GB Intel Xeon E5, 2x RPS no HDD, 14 Bays, Window Server 2012 R2, 5Yr NBD On-site HP Warranty, Quad Gigabit Ethernet, with: i. Two (2) 300 GB SAS Drives (dual port) for OS/Applications, Raid 1 ii. Six (6) 600 GB 15K SAS Drives (dual port 3.5) for Live Video, Raid 10 RFP JAIL SURVEILLANCE SYSTEM. PAGE 6

7 iii. Five (5) 6TB 6G SAS Drives (dual port 7.2K 3.5) for Archive Storage, Raid 5 2. Cameras Remove existing cameras and connections. Provide 104 high-performing, vandalresistant, indoor and outdoor-ready cameras that deliver high image quality in high definition. The following is a breakdown of locations and types of cameras requested (mounting comments are included but specific models are found in the next section). For these specifications, AXIS Communications has used as the baseline requirements. All proposed cameras should meet or exceed the requirements of the specified AXIS Communications model cameras: a. Housing Provide and install 14 cameras as follows: i. Four (4) M3007-PV or equivalent; surface mounted. ii. Seven (7) P3364-LV or equivalent. iii. Three (3) Q8414-LVS or equivalent; holding cell corner mounts. b. Intake/Booking Provide and install 11 cameras as follows: i. Eight (8) P3364-LV or equivalent. ii. Three (3) Q8414-LVS or equivalent. c. Services Provide and install 12 cameras as follows: i. Twelve (12) P3364-LV or equivalent. d. County Court Provide and install 7 cameras as follows: i. Five (5) P3364-LV or equivalent. ii. Two (2) Q8414-LVS or equivalent; holding cell corner mounts. e. District Court Provide and install 28 cameras as follows: i. Twenty Five (25) P3364-LV or equivalent. ii. Three (3) Q8414-LVS or equivalent; holding cell corner mounts. f. Administration/Miscellaneous Provide and install 9 cameras as follows: i. Four (4) P3364-LV or equivalent. ii. Three (3) Q3505-V or equivalent. iii. Two (2) Q3505-VE or equivalent; wall mounts. g. Exterior Provide and install 23 cameras as follows: i. Nineteen (19) Q3505-VE or equivalent; wall mount (2) & pole mount (4). ii. One (1) P3905-R or equivalent; pedestal mount. iii. One (1) P5415-E or equivalent. iv. One (1) Q1765-LE or equivalent; wall mount. v. One (1) Q6045-E or equivalent; pole mount. RFP JAIL SURVEILLANCE SYSTEM. PAGE 7

8 3. Mounting Hardware Provide proper camera mounting hardware where existing mounts are not adequate. County estimates that the following mounts and brackets will be required using the AXIS Communications models for reference: a. Five (5) AXIS Mount T91A67 (pole brackets) b. Sixteen (16) AXIS Mount T92D61 (wall bracket) c. Nineteen (19) AXIS Mount T94M01D (wall/pole bracket) 4. Access Request Integration System Provide an industrial operating system to integrate access door control, intercom system, and panic alarm buttons with proposed video surveillance system. System will visually notify Control Center through a separate designated monitor whenever a door access/intercom/panic alarm request is made. The system will interface with existing system components (including actuators and cabling) with minimum retrofit needed. Access requests will originate from the following locations: a. 68 doors with dual intercom interface (both entering and exiting) b. 27 doors with dual intercom interface and dedicated camera feeds c. 5 exterior gates with dual intercom interface d. 20 panic alarm locations with intercom interface e. 16 panic alarm locations with intercom interface and camera call up 5. Monitoring Stations Provide all necessary equipment and connections for three monitoring stations as follows: a. Central Command Station This is the main monitoring station for the Jail and Court system. Provide equipment for a workstation and a large monitor (minimum of 32 ) to view multiple cameras at the same time. Provide a separate monitor and connections for use with Access Request Integration System. The Central Command Station will have access to all cameras and access points in the facility. b. Housing Station Provide workstation and a single standard monitor to view four dedicated housing cell cameras. c. District Court Station Provide workstation and a single standard monitor to view cameras (28) within the District Court. V. PRICING/COSTS/FEES The Proposer should propose a pricing structure that provides a breakdown of equipment, RFP JAIL SURVEILLANCE SYSTEM. PAGE 8

9 installation, and service as detailed in the Pricing Submittal Sheet attached with this RFP. Initial equipment, installation, and training will be listed as one totaled price item. Extended warranty and maintenance agreement will be listed separately. VI. PROPOSAL EVALUATION CRITERIA Proposals meeting the minimum qualifications stated herein shall be evaluated as follows: A. Demonstrated Qualifications and Experience of Proposer 20% B. Demonstrated Support Capabilities and Warranty 20% C. Equipment Specifications and Future Expansion Options 20% D. Project Schedule 10% E. Reasonableness of Pricing 30% The County will be the sole judge as to which proposal constitutes the "lowest and/or most responsible offer or proposal". The County reserves the right to accept or reject any or all Proposals. VII. VIII. IX. BID SCHEDULE RFP Released May 1, 2015 Pre-Proposal Conference May 11, 2015 Deadline for Questions May 14, 2015 Deadline for Proposal Submission May 19, :00 AM Evaluation and Interviews May 26, 2015 Contract Award June 15, 2015 INSURANCE REQUIREMENTS Insurance will be required in accordance with "Attachment A" attached to this request for proposal. Proposers should examine these insurance requirements and include Proof of Insurance certificates with their proposals. Failure to meet the insurance requirements may result in cancellation of the proposal acceptance. CRIMINAL BACKGROUND CHECKS REQUIRED The selected Proposer will insure that all employees and contractors directly performing services in conjunction with this project will submit to a criminal background check conducted by the County. Proposer shall exclude from any direct participation in the performance of the services any dishonest, unreasonably dangerous or otherwise unqualified persons as determined by the County. X. WRITTEN AGREEMENT REQUIRED The selected Proposer must be willing to enter into a written agreement with County and agree to all the terms set forth in the Standard Form RFP Agreement, attached to this RFP as Attachment B. ALTERATIONS TO ANY OF THE TERMS OF THE STANDARD FORM AGREEMENT RFP JAIL SURVEILLANCE SYSTEM. PAGE 9

10 AND/OR THE RFP INCLUDING EXHIBITS, ATTACHMENTS, AND ADDENDA MUST BE SPECIFICALLY IDENTIFIED IN SUBMITTED PROPOSAL WITH REASONABLE ALTERNATIVES PRESENTED. Proposers are advised that County is not bound by the terms of the RFP until a written agreement is fully executed and any activity taken by Proposer prior to a written agreement being fully executed is done at the Proposer s sole risk. RFP JAIL SURVEILLANCE SYSTEM. PAGE 10

11 SUMMIT COUNTY JAIL SURVEILLANCE SYSTEM PRICING SUBMITTAL SHEET PROPOSER: ITEM QTY COST PER UNIT TOTAL Digital Video Recording System 1 (Including Servers) Cameras: P3364-LV or equivalent 61 Q3505-VE or equivalent 19 Q8414-LVS or equivalent 11 M3007-PV or equivalent 4 Q3505-V or equivalent 3 Q6045-E or equivalent 1 P3905-R or equivalent 1 P5414-E or equivalent 1 Q1765-LE or equivalent 1 Mounting Hardware T91A67 or equivalent 5 T92D61 or equivalent 16 T94M01D or equivalent 19 Monitoring Stations Central Command Station 1 Housing Station 1 District Court Station 1 Access Request Integration System 1 (Include Monitor & connection) Installation 1 Lump Sum TOTAL ITEM QTY COST PER UNIT TOTAL Extended Warranty/Maintenance Plan 1 Per Year TOTAL RFP JAIL SURVEILLANCE SYSTEM: PRICING SUBMITTAL SHEET. PAGE 1

12 "ATTACHMENT A" SUMMIT COUNTY INSURANCE AND BOND REQUIREMENTS The selected Proposer shall procure and maintain for the duration of the contract insurance against claims for Professional Liability and Errors & Omissions which may arise from or in connection with the performance of the work hereunder by the selected Proposer, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the selected Proposer's proposal. A. MINIMUM LIMITS OF INSURANCE: Selected Proposer shall maintain limits no less than: 1. PROFESSIONAL LIABILITY & ERRORS AND OMISSIONS COVERAGE: $1,000,000 per occurrence for premises/operations, products, public display, bodily injury, personal injury and property damage. Broad Form Commercial Liability is required. Limits apply to this service product individually. 2. AUTOMOBILE LIABILITY: $ 1,000,000 combined single limit per accident for bodily injury and property damage. "Any Auto" coverage is required. 3. WORKERS COMPENSATION & EMPLOYERS LIABILITY: Workers' compensation limits as required by the Labor Code of the State of Utah and Employers Liability limits of $100,000 per accident. B. NOTICE OF INCIDENT OR ACCIDENT Selected Proposer shall agree to disclose to the County, all incidents or occurrences of accident, injury, and/or property damage covered by the insurance policy or policies. C. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. GENERAL LIABILITY AND AUTOMOBILE LIABILITY COVERAGE - a. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, its officers, officials, employees or volunteer. b. The selected Proposer s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 2. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY COVERAGE - The insurer shall agree to waive all rights of subrogation against the County, its officers, officials, employees and volunteers for losses arising from work performed by the selected Proposer for the County. 3. ALL COVERAGE - Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the County. D. ACCEPTABILITY OF INSURERS RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT A. PAGE 1

13 Insurance is to be placed with insurers with an A. M. Bests' rating of no less than A-:IX, unless approved by the County. E. VERIFICATION OF COVERAGE The selected Proposer shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the County before work commences. The County reserves the right to require complete, certified copies of all required insurance policies, with all endorsements, at any time. F. SUBCONTRACTORS The selected Proposer shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT A. PAGE 2

14 "ATTACHMENT B" SUMMIT COUNTY SERVICE PROVIDER/PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into in duplicate this day of, 20, by and between SUMMIT COUNTY, a political subdivision of the State of Utah, whose address is 60 N. Main Street, P.O. Box 128, Coalville, Utah ( County ), and, a, whose address is ( Service Provider ). The County and Service Provider each is a Party and collectively they are referred to as the Parties. WITNESSETH: WHEREAS, the County desires to have certain services and tasks performed as set forth below requiring specialized skills and other supportive capabilities; and, WHEREAS, sufficient County resources are not available to provide such services; and, WHEREAS, the service provided exposes the County to minimal insurance risk; and, WHEREAS, the Service Provider represents that the Service Provider is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise, where required, to perform the services and/or tasks set forth in this Agreement. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES The Service Provider shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are identified and designated as Service Provider responsibilities throughout this Agreement and as set forth in the Scope of Services attached hereto as Addendum A and incorporated herein (the Project ). Fees shall be calculated pursuant to the Fee Schedule, attached hereto and incorporated herein as Addendum B. The total fee shall not exceed Thousand Dollars ($_). 2. TERM The term of this Agreement shall commence on the date of execution of this Agreement and shall terminate on, unless extended by mutual written agreement of the Parties. 3. COMPENSATION AND METHOD OF PAYMENT A. No payment shall be made for any service rendered by the Service Provider except for services identified and set forth in this Agreement. RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 1

15 B. For all extra work the County requires, the County shall pay the Service Provider for work performed under this Agreement as subsequently agreed to by both parties in writing. C. The Service Provider shall submit to the County Manager or his designee on forms approved by the County Manager, an invoice for services rendered during the pay period. The County shall make payment to the Service Provider within thirty (30) days thereafter. 4. REPORTS AND INSPECTIONS A. The Service Provider, at such times and in such forms as the County may require, shall furnish the County such statements, records, reports, data, and information as the County may request pertaining to matters covered by this Agreement. B. The Service Provider shall at any time during normal business hours and as often as the County may deem necessary, make available for examination of all its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the County or its designated authorized representatives to audit and inspect other data relating to all matters covered by this Agreement. The County may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Service Provider s activities, which relate directly or indirectly, to this Agreement. 5. INDEPENDENT CONTRACTOR RELATIONSHIP A. The parties intend that an independent Service Provider/County relationship will be created by this Agreement. No agent, employee, or representative of the Service Provider shall be deemed to be an employee, agent, or representative of the County for any purpose, and the employees of the Service Provider are not entitled to any of the benefits the County provides for its employees. The Service Provider will be solely and entirely responsible for its acts and for the acts of its agents, employees, subcontractors or representatives during the performance of this Agreement. B. In the performance of the services herein contemplated the Service Provider is an independent contractor with the authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the County and shall be subject to the County s general rights of inspection and review to secure the satisfactory completion thereof. 6. SERVICE PROVIDER EMPLOYEE/AGENTS The County may at their sole discretion require the Service Provider to remove an employee(s), agent(s), or representative(s) from employment on this Project. The Service Provider may, however, employ that (those) individuals(s) on other non-county related projects. 7. HOLD HARMLESS INDEMNIFICATION RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 2

16 A. The Service Provider shall indemnify and hold the County and its agents, employees, and officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the County arising out of, in connection with, or incident to the execution of this Agreement and/or the Service Provider s defective performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the County, its agents, employees, and officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Service Provider; and provided further, that nothing herein shall require the Service Provider to hold harmless or defend the County, its agents, employees and/or officers from any claims arising from the sole negligence of the County, its agents, employees, and/or officers. The Service Provider expressly agrees that the indemnification provided herein constitutes the Service Provider s limited waiver of immunity as an employer under Utah Code Section 34A-2-105; provided, however, this waiver shall apply only to the extent an employee of Service Provider claims or recovers compensation from the County for a loss or injury that Service Provider would be obligated to indemnify the County for under this Agreement. This limited waiver has been mutually negotiated by the Parties, and is expressly made effective only for the purposes of this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement. B. Service Provider does hereby remise, release, forever discharge and covenant not to sue SUMMIT COUNTY, its agents, servants, employees, officers, successors and assigns, and/or heirs, executors and administrators, and also any and all other persons, associations and corporations, whether herein named or referred to or not, and who, together with the above named, may be jointly and severally liable to the Service Provider, of and from any and all, and all manner of, actions and causes of action, rights, suits, covenants, contracts, agreements, judgments, claims and demands whatsoever in law or equity, including claims for contribution, arising from and by reason of any and all KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN bodily and personal injuries or death, damage to property, and the consequences thereof, which heretofore have been, and which hereafter may be sustained by the Service Provider or by any and all other persons, associations and corporations, whether herein named or referred to or not, from all liability arising out of, in connection with, or incident to the execution of this Agreement C. No liability shall attach to the County by reason of entering into this Agreement except as expressly provided herein. 8. INSURANCE Service Provider, at its own expense, shall maintain sufficient liability insurance against claims or lawsuits which result from the actions of Service Provider or its employees or agents. Service Provider shall provide to the County an Endorsement to the Insurance Policy designating the County as an additional primary insured. Such Endorsement shall provide that such insurance RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 3

17 coverage is primary and not contributory to any insurance policy maintained by the County. 9. TREATMENT OF ASSETS; OWNERSHIP OF WORK PRODUCT Title to all property furnished by the County shall remain in the name of the County and the County shall become the owner of the work product and other documents, if any, prepared by the Service Provider pursuant to this Agreement (contingent on County s performance hereunder). Ownership of the work shall apply regardless of the form of the work product, including, but not limited to, writings, drawings, reports, any form of video or audio, etc. Upon final payment by County to Service Provider, Service Provider shall deliver to County all work product applicable to the services provided under this Agreement including, but not limited to, work product in draft form. 10. COMPLIANCE WITH APPLICABLE LAWS Service Provider, in the performance of this Agreement, shall comply with all applicable federal, state, and local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. The Service Provider specifically agrees to pay any applicable fees or charges which may be due on account of this Agreement. Such laws include, without limitation, the following: A. Sexual Harassment. Service Provider agrees to abide by Utah Executive Order, dated June 30, 1989, which prohibits sexual harassment in the work place. B. State Discrimination Laws. Summit County is an Equal Opportunity Employer. Service Provider agrees to comply with UCA Title 13, Chapter 7, which prohibits discrimination on the basis of race, color, sex, religion, ancestry, or national origin. If any assignment or subcontracting has been authorized by the County, said assignment or subcontract shall include appropriate safeguards against discrimination. Service Provider shall take such action as may be required to ensure full compliance with the provisions of this paragraph. C. Title VII of the Civil Rights Act of Service Provider agrees to comply with Title VII of the Civil Rights Act of 1964 (Pub.L ), as amended, which prohibits discrimination on the basis of sex, race, color, or national origin. D. Age Discrimination Act of Service Provider agrees to comply with the Age Discrimination Act of 1975 (Pub.L ), as amended, which prohibits discrimination on the basis of age. E. Section 504 of the Rehabilitation Act of Service Provider agrees to comply with Section 504 of the Rehabilitation Act of 1973 (Pub. L ), as amended, which prohibits discrimination on the basis of disability. RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 4

18 F. Americans with Disabilities Act. Service Provider agrees to comply with the Americans with Disabilities Act (Pub. L , 28 CFR Part 36), as amended, in regard to employment, public accommodations, provisions of services, telecommunications, and other requirements. G. Fair Labor Standards Act. Service Provider agrees to comply with the Fair Labor Standards Act, including minimum wage, child labor limitations, and the overtime provisions of the Wage and Hour Division. H. Employment Eligibility Verification. Service Provider agrees to comply with the Immigration and Naturalization requirement to maintain a signed copy of the I-9 Employment Eligibility Verification form for each employee. I. Identity Documents and Verification. In making and performing this Agreement, Service Provider agrees to comply with the provisions of UCA 63G thru 402, as amended. Service Provider shall register and participate in the Status Verification System before entering into a contract with the county as required by Utah Code Ann. 63G The Status Verification System is an electronic system operated by the federal government, through which an authorized official of a state agency or a political subdivision of the state may inquire, by exercise of authority delegated pursuant to 8 U.S.C. 1373, to verify the citizenship or immigration status of an individual within the jurisdiction of the agency or political subdivision. Service Provider is individually responsible for verifying the employment status of only new employees who work under Service Provider s supervision or direction and not those who work for another contractor or subcontractor, except each contractor or subcontractor who works under or for another contractor shall certify to the main contractor by affidavit that the contractor or subcontractor has verified, through the Status Verification System, the employment status of each new employee of the respective contractor or subcontractor. The Service Provider shall comply in all respects with the provisions of Utah Code Ann. 63G Service Providers s failure to so comply may result in the immediate termination of its contract with the County. J. Summit County Business License. Unless otherwise exempt, Service Provider agrees to obtain a Summit County business license as set forth in Summit County Code, Title ASSIGNMENTS/SUBCONTRACTING/THIRD PARTIES. A. The Service Provider shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought in writing by the Service Provider not less than thirty (30) days prior to the date of any proposed assignment. The County reserves the right to reject without cause any such assignment. RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 5

19 B. Any work or services assigned hereunder shall be subject to each provision of this Agreement and property bidding procedures where applicable as set forth in local, state or federal statutes, ordinance and guidelines. C. Any technical/professional service subcontract not listed in this Agreement, must have express advance approval by the County. D. Any services and information provided by Service Provider are being furnished solely for the County s benefit and only with respect to the Project that is the subject of this Agreement and no third party may rely thereon and no third party shall be construed to be a beneficiary of this Agreement. 12. CHANGES Either Party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either Party unless such change or addition be in writing and signed by both Parties. Such amendments shall be attached to and made part of this Agreement. 13. MAINTENANCE AND INSPECTION OF RECORDS A. The Service Provider shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by the County, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. B. The Service Provider shall retain all books, records, documents and other material relevant to this Agreement for six (6) years after its expiration. The Service Provider agrees that the County or its designees shall have full access and right to examine any of said materials at all reasonable times during said period. 14. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services provided directly or indirectly under the Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 15. NO OFFICER OR EMPLOYEE INTEREST It is understood and agreed that no officer or employee of the County has or shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds resulting from the performance of this Agreement. No officer or employee of Service Provider or any member of their families shall serve on any County board or committee or hold any such position which RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 6

20 either by rule, practice, or action nominates, recommends, or supervises Service Provider s operations, or authorizes funding or payments to Service Provider. 16. ETHICAL STANDARDS Service Provider represents that it has not: (a) provided an illegal gift to any County officer or employee, or former County officer or employee, or to any relative or business entity of a County officer or employee, or relative or business entity of a former County officer or employee; (b) retained any person to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, other than bona fide employees of bona fide commercial agencies established for the purpose of securing business; (c) breached any of the ethical standards set forth in State statute; or (d) knowingly influenced, and hereby promises that it will not knowingly influence, any County officer or employee or former County officer or employee to breach any of the ethical standards set forth in State statute or Summit County ordinances. 17. PUBLIC FUNDS AND PUBLIC MONIES A. Definitions: Public funds and public monies mean monies, funds, and accounts, regardless of the source from which they are derived, that are owned, held, or administered by the state or any of its boards, commissions, institutions, departments, divisions, agencies, bureaus, laboratories, or other similar instrumentalities, or any county, city, school district, political subdivision, or other public body. The terms also include monies, funds or accounts that have been transferred by any of the aforementioned public entities to a private contract provider for public programs or services. Said funds shall maintain the nature of public funds while in Service Provider s possession. B. Service Provider s Obligation: Service Provider, as recipient of public funds and public monies pursuant to this and other contracts related hereto, expressly understands that it, its officers, and employees are obligated to receive, keep safe, transfer, disburse and use these public funds and public monies as authorized by law and this Agreement for the provision of services to Summit County. Service Provider understands that it, its officers, and employees may be criminally liable under Utah Code Ann , for misuse of public funds or monies. Service Provider expressly understands that County may monitor the expenditure of public funds by Service Provider. Service Provider expressly understands that County may withhold funds or require repayment of funds from Service Provider for contract noncompliance, failure to comply with directives regarding the use of public funds, or for misuse of public funds or monies. 18. NOTICE TO RETIREES OF UTAH RETIREMENT SYSTEMS ( URS ) County is a URS participating employer. Entering into this Agreement with County may affect a URS retiree s retirement benefits including, but not limited to, cancellation of the retiree s retirement allowance due to reemployment with a participating employer pursuant to Utah Code Ann to In addition, Service Provider is required to RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 7

21 immediately notify County if a retiree of URS is the Service Provider; or an owner, operator, or principal of the Service Provider. 19. MODIFICATIONS TO TASKS AND MISCELLANEOUS PROVISIONS A. All work proposed by the Service Provider is based on current government ordinances and fees in effect as of the date of this Agreement. B. Any changes to current government ordinances and fees which affect the scope or cost of the services proposed may be billed as an extra pursuant to Paragraph 3(C), or deleted from the scope, at the option of the County. C. The County shall make provision for access to the property and/or Project and adjacent properties, if necessary for performing the services herein. 20. TERMINATION A. Either Party may terminate this Agreement, in whole or in part, at any time, by at least thirty (30) days written notice to the other Party. The Service Provider shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Service Provider shall promptly submit a termination claim to the County. If the Service Provider has any property in its possession belonging to the County, the Service Provider will account for the same, and dispose of it in a manner directed by the County. B. If the Service Provider fails to perform in the manner called for in this Agreement, or if the Service Provider fails to comply with any other provisions of the Agreement and fails to correct such noncompliance within three (3) days written notice thereof, the County may immediately terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Service Provider setting forth the manner in which the Service Provider is in default. The Service Provider will only be paid for services performed in accordance with the manner of performance set forth in this Agreement. 21. NOTICE Notice provided for in this Agreement shall be sent by certified mail to the addresses designated for the parties on the first page of this Agreement. 22. ATTORNEYS FEES AND COSTS If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing Party shall be entitled to recover from the other Party, in addition to any other relief to which such party may be entitled, reasonable attorney s fees and other costs incurred in that action or proceeding. RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 8

22 23. JURISDICTION AND VENUE A. This Agreement has been and shall be construed as having been made and delivered with the state of Utah, and it is agreed by each Party hereto that this Agreement shall be governed by laws of the state of Utah, both as to interpretation and performance. B. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement, or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Summit County, Utah. 24. SEVERABILITY A. If, for any reason, any part, term, or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the state of Utah, said provision, which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform in such statutory provisions. 25. ENTIRE AGREEMENT The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both Parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination. Both Parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the Parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. 26. WAIVER No failure of the County or Service Provider to exercise any power given to it under this Agreement, or to insist upon strict compliance by the other Party with any obligation, responsibility, or condition under it, and no custom or practice of the parties at variance with its terms shall constitute a waiver of that Party's right to demand exact compliance with those terms upon any subsequent default. 27. WARRANTIES Service Provider hereby warrants that the services performed by its employees will be performed substantially in conformance with the standard of care observed by similarly situated companies providing services under similar conditions. In the event of a breach of the foregoing warranty, Service Providers sole obligation shall be to use commercially reasonable efforts to RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 9

23 re-perform the services in compliance with such warranty, if possible, or at the option of the County, Service Provider shall refund the fees paid by the County for the services rendered. 28. CONFIDENTIALITY. The Parties agree that (a) all knowledge and information that either Party may receive from the other, including its employees or other consultants, or by virtue of the performance of services under and pursuant to this Agreement, relating to products, processes, apparatus, costs, technical data, business affairs of the Parties, and (b) all information provided by either Party in reports of work done, together with any other information acquired by or as a direct result of this Agreement and during the of such, shall for all time and for all purposes be regarded by the Parties as strictly confidential and held by each in confidence, and solely for the Parties benefit and use, and shall not be used by either Party, or directly or indirectly disclosed by either Party to any person whatsoever outside the scope of this Agreement except with the other Party s prior permission. This provision does not apply to documents that are releasable by either Party under the Government Records Access and Management Act ( GRAMA ), UCA 63G et seq. 29. GOVERNMENT RECORDS ACCESS MANAGEMENT ACT Service Provider acknowledges that County is a governmental entity subject to the Utah Government Records Access and Management Act ( GRAMA ), Utah Code Ann. 63G to As a result, County is required to disclose certain information and materials to the public, upon request. Service Provider agrees to timely refer all requests for documents, materials and data in its possession relating to this Agreement and its performance to the County for response by County. Generally, any document submitted to County is considered a public record under GRAMA. Any person who provides to the County a record that the person believes should be protected under subsection 63G-2-305(1) or (2) shall provide both: (1) a written claim of business confidentiality and (2) a concise statement of reasons supporting the claim of business confidentiality. Generally, GRAMA only protects against the disclosure of trade secrets or commercial information that could reasonably be expected to result in unfair competitive injury. 30. INTERPRETATION; NOTICES The terms of this Agreement constitute the written expression of the mutual agreement of the Parties and shall be construed neutrally and not for or against either Party. Notices and communications given and made in connection with this Agreement may be given and made by any reasonable means including facsimile or if reasonable under the circumstances. 31. GOVERNMENTAL IMMUNITY County is a body corporate and politic of the State of Utah, subject to the Governmental Immunity Act of Utah (the Act ), Utah Code Ann. 63G to The Parties agree RFP JAIL SURVEILLANCE SYSTEM ATTACHMENT B. PAGE 10