HomeMy WebLinkAbout101016_ca03O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
From: Tom Walker, Facilities
Agenda Date: Foreman October 10, 2016
Subject: Contract - Stanley Security
Statement of Issue: The contract with Stanley Security encompasses project
management, the purchase of software and hardware necessary for upgrading the
outdated control panel as well as the purchase and installation of security cameras at
the Corrections Center.
Analysis/Strategic Goals/Pro's Et Con's: The vendor selection was made utilizing the
Washington State Department of Enterprise Services contract.
Fiscal Impact/Cost Benefit Analysis: The contract amount is included in the
approved 2016 Construction Et Renovation budget. The new control panel and
security cameras are essential to the safety at the Correction Center.
Recommendation: I recommend the contract with Stanley Security be approved by
the Board of County Commissioners.
Reviewed By:
Philip Morley, ColtaWAdministrator Date
STANLEY
Security
STANLEY Convergent Security Solutions
14670 Cumberland Road, Noblesville, IN 46060
T (317) 776 3500 F (317) 776 3508
To: Tom Walker
Organization: Jefferson County, WA QUOTATION Jefferson County, WA
Phone: #160313-1 Security System Upgrade
Fax or email:
9/7/2016
STANLEY Security is the nation's leading integrator of Allen Bradley PLC controls for the corrections industry. STANLEY
has extensive experience in retrofitting security electronics systems in correctional environments.
Per your request, we included a proposal to retrofit your existing control system, intercom system and video system.
Equipment and services included:
(1) ...........Allen Bradley PLC with 1/0 Modules
(2) ...........Commander Station with 32" Touch Screen
(2) ........... Wonderware License
(1) ...........Informer Server
(1) ...........48 Port Network Switches
(1) ...........24 Port Network Switches
(3) ...........Under Desk 19" Racks or 44" x "27 Console without top
(1) ...........19" Server Rack
(4) ...........Monitor Mounts for 32" monitors
(1) ...........Cisco Remote Connection firewall
(1) ........... 1KVa UPS
(1) ...........500VA UPS
(52) .........New speaker with security baffles
(26) .........Intercom call push buttons
(3) ...........Intercom relay cards
(1) ...........Paging Amp
(1) ...........Talkback Amp
(1) ...........Intercom PTT Master Station
(26) .........Intercom Audio Threshold cards* Optional Price below
(29) .........1080p Vandal Fixed Dome Cameras
(1) ...........720p Camera for exterior Rolling gate keypad bollard
(5) ...........HD PTZ cameras with mounts
(2) ...........32" Monitors
(2) ...........Video Client Workstation
(2) ...........CCTV Keyboard
(1) ...........Bosch 32TB Video Server
(40) .........IP Channels
(1 lot) ......Labor, Documentation updates
(1 lot) ......Labor, PLC program modifications
(1 lot) ......Labor, Touch screen design changes
(1 lot) ......Labor, Security Management Server updates
(1 lot) ......Labor, Assembly
(1 lot) ......Labor, On-site validation
(1 lot) ......Labor, Owner training
(1 lot) ......Warranty — 1 year
Price..................................................................................................................... $ 306,500.00
Optional Price for 26 Audio Alarms.......................................................................... $ 3,600.00
Optional Intercom Audio Recording......................................................................... $ 5,800.00
STANLEY
SQCurity
STANLEY Convergent Security Solutions
14670 Cumberland Road, Noblesville, IN 46060
T (317) 776 3500 F (317) 776 3508
Description of Securitv Electronics Svstems
STANLEY will be providing, installing and programming various systems as part of this upgrade project. The
Systems will be integrated into a single touchscreen based control system.
Control Locations
We will be installing two new touchscreen control stations. We will be supplying new under desk rack or 44" x "27
console without top for our hardware to me mounted in. The racks will fit under new console supplied by Jefferson
County. Jefferson County will supply new countertops and desks.
The existing console will be removed. Disposal of all removed devices will need to be handled by the county or
provide a dumpster.
The existing control cabling will be reused. The cables will be labeled and reconnected to new control system.
The touchscreen will be a 32" model. The touchscreen system will be able to handle door control, intercom, and
video call-up.
Security Management System (Informer)
We will provide a new security management server (SMS). The SMS data -recording engine logs security
commands made within the detention facility as they happen. It provides facility administrators the ability to monitor
and review all operational aspects of the Security Automation System and its operations. The intent is that by
recording all actions of the system, it provides you with greater liability protection and accountability.
This server will be installed in the server room in an owner provide rack.
PLC & Door Control Head -end
We will be supplying an Allen Bradley PLC and I/O for the door control and intercom systems. The hardware will be
installed within the new console. New relays and fuses, along with spares will be provided.
The system will control 44 doors. The existing 120V door locks, power supplies, and cabling with remain.
Intercom System
The control station will have a Push to Talk microphone to initiate calls to speakers or stations. We will be replacing
52 speakers with security baffles and 26 intercom call buttons.
Video System
The video system will be upgraded to a new Bosch IP system. The recordings will be stored for a minimum of 60
days at full camera resolutions at 7 frames per second. We be replacing 21 existing coax camera cabling with new
Cat 6 cables. We also will be installing 13 new IP cameras and Cat6 cables. 29 fixed domes and 5 PTZ cameras
total. One new camera will be installed on keypad bollard for rolling door. Any new trenching or replacing conduit is
excluded.
There will be two new video workstation installed in the Control Room each with a 32" monitors. Each workstation
will have a dedicated CCTV keyboard for control.
We will provide user manuals and training at the completion of the project.
The entire system will be covered by a full parts and labor warranty for the period of 1 year
STANLEY
St'Cur ity
Terms and Conditions
STANLEY Convergent Security Solutions
14670 Cumberland Road, Noblesville, IN 46060
T (317) 776 3500 F (317) 776 3508
GENERAL
Terms are due upon receipt. SCSS works under the terms of a purchase order only. We will wait to proceed with this
change until we receive a Purchase Order or Signed Sales Agreement. SCSS is not responsible for any work associated
with hazardous materials (i.e. asbestos, lead paint, etc) that is associated with the work. This work will be the
responsibility of the Owner or General Contractor.
All paperwork to be addressed to: Stanley Convergent Security Solutions, Inc. Please fax the Purchase Order or
Signed Sales Agreement; W-9, and a Tax Exempt Certificate to 317-776-3508 and mail the originals to our main office to
my attention. If you have any questions, please feel free to call.
WARRANTY
SCSS warrants that the engineering and equipment will be free from defects in material and workmanship for a period of
twelve (12) months from the date the system is placed into operation. If during this warranty period, any of the equipment
or parts are defective or malfunction, they will be repaired or replaced free of charge. Warranty repair and/or service shall
be provided in accordance with the terms and conditions set forth in the Agreement between SCSS and Owner.
DISCLAIMER OF ALL OTHER WARRANTIES: EXCEPT FOR THE FOREGOING LIMITED EQUIPMENT WARRANTY
DESCRIBED ABOVE, SCSS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS EXPRESSLY AGREED
THAT UNDER NO CIRCUMSTANCES SHALL SCSS BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, WHETHER ARISING UNDER
ALLEGED BREACH OF AGREEMENT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE
THEORY, AND SCSS'S LIABILITY SHALL BE STRICTLY LIMITED AS STATED ABOVE.
ADDITIONAL CHARGES:
1. All prices quoted do not include sales tax or bonds unless specifically written on the face of the proposal.
2. Unless otherwise stated in the proposal, the price quoted is FOB shipping point. All shipments will be UPS ground.
3. Applicable permitting fees will be billed on a pass-through basis.
4. The price quoted assumes installation will be performed during SCSS's normal working hours and using its own
personnel. If Customer requests the installation or any part thereof to be performed outside ordinary business hours or, if
the installation must be performed by outside contractors, or SCSS's wage rates do not apply as a result of prevailing
wage requirements, or otherwise, then the installation charge will be adjusted accordingly.
5. Any changes to the system required by any government agency or Authority Having Jurisdiction will be billed to
Customer, and are not the responsibility of SCSS.
INSURANCE:
SCSS will carry Liability Insurance and Workers Comp. Insurance and will provide Certificates of Insurance to Contractor,
with Contractor named as Certificate Holder, prior to the execution of any work. In the event SCSS is required to
indemnify Contractor, Owner or a third party, the indemnification shall be limited to the installation amount.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions attached hereto are satisfactory and are hereby accepted. SCSS is
authorized to do the work as specified. Payment will be made as outlined above.
Stanley Convergent Security Solutions, Inc
Written By: Steve Baker
Title: Sales Engineer
Approved and Accepted by Stanley CSS
By:
Title
Date:
Customer
Approved By:
Title:
Date:
This proposal may be withdrawn by us if not accepted within thirty (30) days.
PARTICIPATING ADDENDUM
WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION, LLC
Security Protection [NV RFP 3047] Contracts
Administered by the State of Nevada (hereinafter "Lead State")
MASTER AGREEMENT
STANLEY CONVERGENT SECURITY SOLUTIONS
(hereinafter "Contractor")
And
State of Washington, Department of Enterprise Services
(hereinafter "Participating State")
Participating State Contract #04814
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State of Washington, Department of Enterprise Services (DES) Contract No.04814
This Addendum adds the State of Washington as a Participating State to purchase from the
NASPO ValuePoint Master Agreement number 3047 with Stanley Convergent Security
Solutions.
1. Scone: This addendum covers the Security Protection Contracts categories identified
below, led by the State of Nevada for use by state agencies and other entities located in the
Participating State authorized by that state's statutes to utilize state contracts with the prior
approval of the state's chief procurement official. Language contained here supersedes and
is in addition to the language of the Master Pricing Agreement
a. Contract and Category Awards: Nevada RFP 3047 - Security Protection
Scope of Service
I. Security Protection Category 1 - Access Control
Security consulting, design, engineering, installation, and maintenance of software and
hardware for integrated security management systems, card access systems and related
accessories, emergency communications systems and security video surveillance,
camera and video management systems. Work will also consist of project management,
installation, configuration, and testing of access control panels, power supplies, and
security devices located in the field. Also, includes such other equipment needed to
complete the functionality and integrity of the system as required.
2. Security Protection Category 3 - Closed Circuit TV (CCTV)
Security consulting, design, engineering, installation and maintenance of
security video surveillance management systems (CCTV)including controllers,
cameras, mounting accessories, housings, computer servers and workstations,
high density storage computers, software, and network appliances and cable
that transmit security CCTV system signals. Work will also consist of project
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management, installation, configuration, and testing of cameras, computers,
Power supplies, and security devices located in the field. Also includes such
other equipment needed to complete the functionality and integrity of the
system as required.
b. Products and Services NOT Provided by this Participating Addendum:
Security Protection Category 2 - Burglar Alarms
2. Partici atiion: Use of specific WSCA-NASPO cooperative contracts by all state agencies,
political subdivisions and other entities (including cooperatives) located within the state of
Washington authorized by state statutes to use state contracts are subject to the prior
approval of the respective State Chief Procurement Official. Issues of interpretation and
eligibility for participation are solely within the authority of the State Chief Procurement
Official.
- Individual Customer: Each state agency and political subdivision, as a Participating Entity, that
purchases products/services will be treated as if they were individual customers. Except to the
extend modified by this Participating Addendum, each agency and political subdivision shall be
responsible to follow the terms and conditions of the Master Agreement; and they shall have the
same rights and responsibilities as the Lead State has in the Master Agreement . Each agency
and political subdivision shall have the same rights to any indemnity or to recover any costs
allowed in the contract for their purchases. The Contractor shall apply the charges to each
Participating Entity individually.
Political and non-profit entities within the State of Washington may use this contract
without further process provided they have completed, filed and accepted in the
Washington State's Master Contract Agreement (MCUA) process. Use by others then
those stated above is not a valid use. Use of the contract in conflict with its language
is not binding on any party and does not satisfy requirements.
A list of all members is available at:
THIS AGREEMENT IS NOT FOR PERSONAL USE.
3. Partici tin to a Modifications or Additions to Master A Bement:
Contractor and DES agree to the following modifications and additions to the Master
Agreement for Security Protection Services and apply only to actions and relationships
within the Participating Entity.
Department of Enterprise Services (DES) State Master Contract Standard Terms and
Conditions.
The following standard terms and conditions are added to the Participating Addendum for
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the State of Washington. This section consists of general provisions and terms for contracts
issued by the Washington State Department of Enterprise Services (DES), acting under the
authority of RCW 39.26 which regulates the manner in which state agencies may acquire
services.
3.1 Contract Modifications
DES reserves the right to modify the resulting contract (including but not limited to
adding or deleting products, services, or delivery locations) by mutual agreement
between DES and the contractor, as long as such modification is substantially within the
scope of the original contract. Such modification(s) shall be memorialized in a signed,
written document, (Amendment) describing the agreed upon change, including any terms
and conditions required to support such change. Changes to point of contact
information may be updated without the issuance of a mutually agreed contract
amendment.
3.2 Contract Administration
® State Contract Administrator
DES will appoint a single point of contact that shall be the Contract Administrator
for this contract and shall provide contract oversight. The Contract Administrator
shall be the principal contact for the contractor for business activities under this
contract. DES shall notify the contractor in writing, when there is a new Contract
Administrator assigned to this contract.
0, Administration of Term Contract
DES may maintain contract information and pricing and make it available on DES's
website. The contract prices are the maximum price contractor can charge. The
contractor may offer volume discounts to purchasers.
® Term
This PA's term will be coterminous with the Lead State's (Nevada) Master Pricing
Agreement, and may be further extended to support the term of the Master
Pricing Agreement.
3.3 Contractor Supervision and Coordination
Contractor shall:
a. Competently and efficiently supervise and coordinate the implementation
and completion of all contract requirements specified herein.
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b. Identify the contractor's Authorized Representative, who will be the
principal point of contact for DES concerning contractor's performance
under this contract.
c. Immediately notify the Contract Administrator in writing of any change of
designated Authorized Representative assigned to this contract.
d. Be bound by all written communications given to or received from the
contractor's Authorized Representative.
Violation of any provision of this section may be considered a material breach of
contract and may be grounds for contract termination.
3.4 Term Contract Management
Upon award of a term contract, the contractor shall:
a. Review the impact of the award and take the necessary steps needed to ensure
that contractual obligations will be filled.
b. Promote and market the use of this contract to all authorized contract
purchasers.
c. Ensure that those who endeavor to utilize this contract are authorized
purchasers under this contract.
d. At no additional charge, assist purchasers in making the most cost effective,
value based purchases which may include, but is not limited to:
- Having representatives available to provide information regarding products
and services, including visiting the purchaser site if needed, and providing
purchaser with materials/supplies/equipment recommendations.
- Providing purchasers with a detail list of contract items including current
contract pricing and part numbers.
The contractor shall designate a customer service representative who will be
responsible for addressing purchaser issues including but not limited to:
- Logging requests for service, ensuring repairs are completed in a timely
manner, dispatching service technicians and processing warranty claim
documentation.
- Providing purchasers with regular and timely status updates in the event of
a delay in repair or order fulfillment.
- Acting as the lead and liaison between the manufacturer and purchaser in
resolving warranty claims for contract items purchased.
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3.S Changes
Alterations to any of the terms, conditions, or requirements of this contract shall
only be effective upon written issuance of a mutually agreed contract amendment by
DES. Changes to point of contact information may be updated without the issuance of
mutually agreed contract amendment.
3.6 Statewide Payee Desk
Contractors must register with the Statewide Payee Desk, maintained by DES, to be
paid for contract sales. Washington state agencies cannot make payments to a
contractor until it is registered. Registration materials are available here: Receivil
Pia^sen,_fpotta�
3.7 Management Fee
Contractor will pay a management fee of .74 percent to DES on all state contract
sales/purchase prices for work orders. The purchase price is defined as total invoice
price less sales tax.
The management fee must be rolled into the contractor's current pricing; the fee
must not be shown as a separate line item on an invoice unless specifically requested
and approved by DES.
How to determine the fee: Total sales (not including sales tax) x.0074 = management
fee.
DES may increase, reduce or eliminate the management fee, and reserves the right to
negotiate contract pricing with the contractor when adjustment of the management
fee might justify an increase in pricing.
For purposes of the management fee, the parties agree that the initial management
fee is included in the pricing. Therefore, any increase or reduction of the
management fee must be reflected in contract pricing commensurate with the
adjustment.
Taxability (if applicable): In 2013, the Washington Department of Revenue ruled that
if the underlying transaction requires sales tax, the DES management fee portion of
the transaction is also subject to a sales tax.
The state reserves the right to audit, or have a designated third party audit,
applicable records to ensure that the state has been properly invoiced and all
management fees have been paid. Failure to accurately report total net sales, to
submit a timely sales report, or remit timely payment of the management fee may be
cause for contract termination, the charging of interest or penalties, or the exercise of
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other remedies provided by law.
The management fee does not include or supersede fees owed to other entities such
as the NASPO ValuePoint or government entities other than the state of Washington.
DES will invoice the contractor every quarter based on sales reported by contractor.
Contractors are not to n'lit payment it e re(.°elle an invoice frons DES.
Management fee payment must reference the contract number, work request number
(if applicable), the year and quarter for which the management fee is being remitted,
and the contractor's name as it is known to DES, if not already included on the face of
the check.
Remit management fee to:
Washington State Department of Enterprise Services
Finance Office
PO Box 41460
Olympia, WA 98504-1460
NOTE: DO NOT send payment to the DES Contract Administrator and do not pay
prior to receiving the invoice.
3.8 Contract Sales/Usage Report
The management fee will be based on total contract sales, which must be reported
quarterly by the contractor in the Contract Sales e��®rtm�,�te_,,,,. DES will provide
a login password and a vendor number.
Each sales report must identify every authorized purchaser by name as it is known to
DES and its total combined sales amount invoiced during the reporting period (i.e.,
sales of an entire agency or political subdivision, not its individual subsections). The
"Miscellaneous" option may be used only with prior approval by DES, and use of this
option without prior approval by DES may be cause for contract termination.
USAGE REPORT DUE DATE: Reports must be submitted electronically within 30 days
after the end of the calendar quarter:
For sales invoiced during... Due date
Q1 (Jan / Feb / March) April 30
Q2 (April / May / June) July 31
Q3 (July / Aug / Sept.) Oct. 31
Jan. 31
Q4 (Oct / Nov / Dec.)
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Failure to provide reports in accordance with the schedule above may be cause for
contract termination.
The report may be corrected or modified by DES with subsequent written notice to
the contractor.
Upon request, contractor shall provide contact information for all purchasers during
the term of this contract. Refer sales reporting questions to the Contract
Administrator.
3.9 Other Required Term Contract Reports
DES may require the contractor to provide a detailed annual contract sales history
report. This report, if requested, will include at a minimum, but is not limited to:
product description, part number or other product identifier, per unit quantities sold,
and contract price. This report must be provided to DES in an electronic format that
can be read by MS Excel. Unless the solicitation specifies otherwise, all other required
reports will be designed and approved by the parties by mutual agreement.
3.10 Common Vendor Registration and Bid Notification System
Contractor shall be registered in the state's common vendor registration and bid
notification system, RCW 39.29.006, known as Washington's Electronic Business
Solutions (WEBS) at.y„ ,. a .gca webs. Contractors already registered need not re-
register. It is the sole responsibility of contractors to properly register and maintain
an accurate vendor profile.
3.11 Payment
a. Advance payment prohibited:
No advance payment shall be made for the products and Services furnished by
contractor under this contract.
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When it in the best interest of the state, DES may at any time, and without cause,
suspend the contract or any portion thereof for a period of not more than 30
calendar days per event by written notice from DES to the contractor's
Representative. contractor shall resume performance on the next business day
following the 30th day of suspension unless an earlier resumption date is
specified in the notice of suspension. If no resumption date was specified in the
notice of suspension, the contractor can be demanded and required to resume
performance within the 30 -day suspension period by DES providing the
contractor's Representative with written notice of such demand.
c. Force majeure
The term "force majeure" means an occurrence that is beyond the control of the
party affected and could not have been avoided by exercising reasonable
diligence. Force majeure shall include acts of war, riots, strikes, fire, floods,
windstorms, epidemics or other similar occurrences.
Exceptions: Except .for payment of sums due, neither party shall be liable to the
other or deemed in breach under this contract if, and to the extent that, such
party's performance of this contract is prevented by reason of force majeure.
Notification: If either party is delayed by force majeure, said party shall provide
written notification within 48 hours. The notification shall provide evidence of
the force majeure to the satisfaction of the other party. Such delay shall cease as
soon as practicable and written notification of same shall likewise be provided.
So far as consistent with the Rights Reserved below, the time of completion shall
be extended by contract amendment for a period of time equal to the time that
the results or effects of such delay prevented the delayed party from performing
in accordance with this contract.
Rights reserved: DES reserves the right to authorize an amendment to this
contract, terminate the contract, and/or purchase materials, supplies,
equipment and/or services from the best available source during the time of
force majeure, and contractor shall have no recourse against the state.
d. Alternative dispute resolution fees and costs
In the event that the parties engage in arbitration, mediation or any other
alternative dispute resolution forum to resolve a dispute in lieu of litigation,
both parties shall share equally in the cost of the alternative dispute resolution
method, including cost of mediator or arbitrator. In addition, each party shall be
responsible for its own attorneys' fees incurred as a result of the alternative
dispute resolution method.
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e. Non-exclusive remedies
The remedies provided for in this contract shall not be exclusive but are in
addition to all other remedies available under law.
3.16 ]Liquidated damages
a. RESERVED: See Section 22-28 of the Master Pricing Agreement
b. Limitation of liability
The parties agree that neither contractor, DES nor purchaser shall be liable to
each other, regardless of the form of action, for consequential, incidental,
indirect, or special damages except a claim related to bodily injury or death, or a
claim or demand based on patent, copyright, or other intellectual property right
infringement, in which case liability shall be as set forth elsewhere in this
contract.
This section does not modify any sections regarding liquidated damages or any
other conditions as are elsewhere agreed to herein between the parties. The
damages specified in the sections titled Termination for Default and Retention
of Records are not consequential, incidental, indirect, or special damages as that
term is used in this section.
The contractor, DES and purchaser are not liable for damages arising from
causes beyond their reasonable control and without their fault or negligence.
Such causes may include, but are not restricted to, acts of the public enemy, acts
of a government body other than DES or the purchaser acting in either its
sovereign or contractual capacity, war, explosions, fires, floods, earthquakes,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather; but in every case the delays must be beyond the reasonable
control and without fault or negligence of the contractor, DES or the purchaser,
or their respective subcontractors.
If delays are caused by a subcontractor without its fault or negligence,
contractor shall not be liable for damages for such delays, unless the services to
be performed were obtainable on comparable terms from other sources in
sufficient time to permit contractor to meet its required performance schedule.
Neither party shall be liable for personal injury to the other party or damage to
the other party's property except personal injury or damage to property
proximately caused by such party's respective fault or negligence.
c. Federal funding (if applicable)
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In the event that a federally funded acquisition results from this procurement,
the contractor may be required to provide additional information (free of
charge) at the request of DES or purchaser. Further, the contractor may be
subject to those federal requirements specific to the commodity.
d. Federal restrictions on lobbying (if applicable)
Contractor certifies that under the requirements of Lobbying Disclosure Act, 2
U.S.C., Section 1601 et seq., no federal appropriated funds have been paid or will
be paid, by or on behalf of the contractor, to any person for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, the malting of
any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
3.17 Debarment and suspension
Respondent certifies, by submitting this bid or proposal, that neither it nor its
affiliates presently are debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this
procurement/ contract by any government agency. Respondent also agrees to
notify DES if its debarment status changes during the bid process or after
receiving notice of contract award, if any. If respondent cannot certify this
statement, attach a written explanation to the bid response for review.
3.18 Contract termination
a. Material breach
A contractor may be terminated for cause by DES, at the sole discretion of DES,
for failing to perform a contractual requirement or for a material breach of any
term or condition. Material breach of a term or condition of the contract may
include but is not limited to:
Contractor failure to perform services or deliver materials, supplies, or
equipment by the date required or by an alternate date as mutually
agreed in a written amendment to the contract;
a Contractor failure to carry out any warranty or fails to perform or comply
with any mandatory provision of the contract;
a Contractor becomes insolvent or in an unsound financial condition so as
to endanger performance hereunder;
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Contractor becomes the subject of any proceeding under any law relating
to bankruptcy, insolvency or reorganization, or relief from creditors
and/or debtors that endangers the contractor's proper performance
hereunder;
® Appointment of any receiver, trustee, or similar official for contractor or
any of the contractor's property and such appointment endangers the
contractor's proper performance hereunder;
A determination that the contractor is in violation of federal, state, or
local laws or regulations and that such determination renders the
contractor unable to perform any aspect of the contract.
b. Opportunity to cure
In the event that contractor fails to perform a contractual requirement or
materially breaches any term or condition, DES may issue a written cure notice.
The contractor may have a period of time in which to cure. DFS is not required
to allow the contractor to cure defects if the opportunity for cure is not feasible
as determined solely within the discretion of DES. Time allowed for cure shall
not diminish or eliminate contractor's liability for liquidated or other damages,
or otherwise affect any other remedies available against contractor under the
contract or by law.
If the breach remains after contractor has been provided the opportunity to
cure, DES may do any one or more of the following:
- Exercise any remedy provided by law;
- Terminate this contract and any related contracts or portions thereof;
- Procure replacements and impose damages as set forth elsewhere in this
contract;
- Impose actual or liquidated damages;
- Suspend or bar contractor from receiving future solicitations or other
opportunities;
- Require contractor to reimburse the state for any loss or additional expense
incurred as a result of default or failure to satisfactorily perform the terms
of the contract.
c. Termination for cause
In the event DES, in its sole discretion, determines that the contractor has failed
to comply with the conditions of this contract in a timely manner or is in
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material breach, DES has the right to suspend or terminate this contract, in part
or in whole. DES shall notify the contractor in writing of the need to take
corrective action. If corrective action is not taken within 30 calendar days or as
otherwise specified by DES, or if such corrective action is deemed by DES to be
insufficient, the contract may be terminated. DES reserves the right to suspend
all or part of the contract, withhold further payments, or prohibit the contractor
from incurring additional obligations of funds during investigation of the
alleged breach and pending corrective action by the contractor or a decision by
DES to terminate the contract.
In the event of termination, DES shall have the right to procure for all
purchasers any replacement materials, supplies, services and/or equipment that
are the subject of this contract on the open market. In addition, the contractor
shall be liable for damages as authorized by law including, but not limited to,
any price difference between the original contract and the replacement or cover
contract and all administrative costs directly related to the replacement
contract, e.g., cost of the competitive bidding, mailing, advertising and staff
time.
If it is determined that: (1) the contractor was not in material breach; or (2)
failure to perform was outside of contractor's or its subcontractor's control,
fault or negligence, the termination shall be deemed to be a "termination for
convenience." The rights and remedies of DES and/or the purchaser provided in
this contract are not exclusive and are in addition to any other rights and
remedies provided by law.
d. Termination for convenience
Except as otherwise provided in this contract, DES, at the sole discretion of DES,
may terminate this contract, in whole or in part by giving 30 calendar days or
other appropriate time period written notice beginning on the second day after
mailing to the contractor. If this contract is so terminated, purchasers shall be
liable only for payment required under this contract for properly authorized
services rendered, or materials, supplies and/or equipment delivered to and
accepted by the purchaser prior to the effective date of contract termination.
Neither DES nor the purchaser shall have any other obligation whatsoever to the
contractor for such termination. This Termination for Convenience clause may
be invoked by DES when it is in the best interest of the State of Washington.
e. Termination for withdrawal of authority
Page 21 of 26
In the event that DES and/or purchaser's authority to perforin any of its duties
is withdrawn, reduced, or limited in any way after the commencement of this
contract and prior to normal completion, DES may terminate this contract, in
whole or in part, by seven calendar days written notice, or other appropriate
time period, to contractor.
f. Termination for non -allocation of funds
If funds are not allocated to purchaser(s) to continue this contract in any future
period, DES may terminate this contract with seven calendar days written notice,
or other appropriate time period, to contractor, or work with contractor to arrive
at a mutually acceptable resolution of the situation. Purchaser will not be
obligated to pay any further charges for materials, supplies, services and/or
equipment including the net remainder of agreed -to consecutive periodic
payments remaining unpaid beyond the end of the then -current period. DES
and/or purchaser agree to notify contractor in writing of such non -allocation at
the earliest possible time.
No penalty shall accrue to the purchaser in the event this section shall be
exercised. This section shall not be construed to permit DES to terminate this
contract in order to acquire similar materials, supplies, services and/or
equipment from a third party.
g. Termination for conflict of interest
DES may terminate this contract by written notice to contractor if it is
determined, after due notice and examination, that any party to this contract
has violated,..C,,1;��„, ter,,. ............ .5 ; W.., Ethics in Public Service, or any other laws
regarding ethics in public acquisitions and procurement and performance of
contracts. In the event this contract is so terminated, DES and/or purchaser
shall be entitled to pursue the same remedies against contractor as it could
pursue in the event that the contractor breaches this contract.
h. Termination by mutual agreement
DES and the contractor may terminate this contract in whole or in part, at any
time, by mutual agreement.
i. Termination procedure
In addition to the procedures set forth below, if DES terminates this contract,
contractor shall follow any procedures DES specifies in the termination notice.
Upon termination of this contract and in addition to any other rights provided
in this contract, DES may require the contractor to deliver to the purchaser any
Page 22 of 26
property specifically produced or acquired for the performance of such part of
this contract as has been terminated. The provisions of the "Treatment of
Assets" clause shall apply in such property transfer.
The purchaser shall pay to the contractor the agreed upon price, if separately
stated, for completed work and service(s) Accepted by the purchaser, and the
amount agreed upon by the contractor and the purchaser for (i) completed
materials, supplies, services rendered and/or equipment for which no separate
price is stated, (ii) partially completed materials, supplies, services rendered
and/or equipment, (iii) other materials, supplies, services rendered and/or
equipment which are Accepted by the purchaser, and (iv) the protection and
preservation of property, unless the termination is for cause, in which case DES
and the purchaser shall determine the extent of the liability of the purchaser.
Failure to agree with such determination shall be a dispute within the meaning
of the "Disputes" clause of this contract. The purchaser may withhold from any
amounts due the contractor such sum as DES and purchaser determine to be
necessary to protect the purchaser against potential loss or liability.
The rights and remedies of DES and/or the purchaser provided in this section
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract.
After receipt of a termination notice, and except as otherwise expressly directed
in writing by DES, the contractor shall:
Stop all work, order fulfillment, shipments, and deliveries under the
contract on the date, and to the extent specified, in the notice;
® Place no further orders or subcontracts for materials, services, supplies,
equipment and/or facilities in relation to the contract except as is
necessary to complete or fulfill such portion of the contract that is not
terminated;
® Complete or fulfill such portion of the contract that is not terminated in
compliance with all contractual requirements;
Assign to the purchaser, in the manner, at the times, and to the extent
directed by DES on behalf of the purchaser, all of the rights, title, and
interest of the contractor under the orders and subcontracts so
terminated, in which case the purchaser has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such
orders and subcontracts.
Page 23 of 26
0 Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts, with the approval or ratification
of DES and/or the purchaser to the extent DES and/or the purchaser may
require, which approval or ratification shall be final for all the purposes
of this clause;
Transfer title to the purchaser and deliver in the manner, at the times,
and to the extent directed by DES on behalf of the purchaser any property
which, if the contract had been completed, would have been required to
be furnished to the purchaser;
a Take such action as may be necessary, or as DES and/or the purchaser
may direct, for the protection and preservation of the property related to
this contract which is in the possession of the contractor and in which
DES and/or the purchaser has or may acquire an interest.
4. Minority and Women's Business Enterprises (MWBE)
In accordance with the legislative findings and policies set forth in IZCW39.19. the State
of Washington encourages participation in all of its contracts by minority and woman -
owned businesses firms certified by the Office. o VNiinaorJ tyand.ome,n s. Bpi ess
Enterprises (OMWBE). While the state does not give preferential treatment, it does seek
equitable representation from the minority and women's business community. In
addition, the state welcomes participation by self -identified minority and woman owned
firms and strongly encourages such firms to become certified by OMWBE.
Any affirmative action requirements set forth in federal regulations or statutes included
or referenced in the original solicitation shall apply. Contact OMWBE for information on
other certified firms for potential sub -contracting arrangements. DES encourages
participation by non-MWBE firms as well as MWBE firms. Prior to performance, an
awarded bidder that is a MWBE or intends to use MWBE subcontractors is encouraged to
identify the participating firm(s) to DES.
4.1. Public records and exempt information
All documents submitted by said Contractor to DES during the performance of this
agreement shall become public records. They are subject to disclosure unless specifically
exempt under Revised Code of Washington (RCW) 4.2,50 (The Public Records Act).
Confidential documents: DES strongly discourages submittal of any confidential
material. DES considers confidential material to be any portion of your submittal clearly
marked all or in part "Confidential," "Proprietary" or "Trade Secret" (or the equivalent).
Page 24 of 26
0 DES reserves the right to return, reject or disqualify any submittal that includes
confidential material.
Public records requests: If a public records request seeks to view or obtain a copy of
your RFP submittal, and if your submittal includes content clearly marked "Confidential,"
"Proprietary" or "Trade Secret" (or the equivalent), DES will:
0 Notify you of the date DES will disclose the requested records;
® Give you an opportunity to seek a court order that stops DES from disclosing the
records.
DES shall not:
® Evaluate or defend your claim of confidentiality. It is your responsibility to
support your claim and take appropriate legal action to do so;
® Withhold or redact your documents without a court order.
Questions about the confidentiality of your submittal can be directed to the
Procurement Coordinator or the DES Public Records Officer at (360) 407-8768 or
I��x➢������c prci � d� d.� ����,,gaa�.
4.2 Legal notices
Any notice or demand or other communication required or permitted to be given under
the contract or applicable law (except notice of malfunctioning Equipment) will be
effective only if it is in writing and signed by the applicable party, properly addressed,
and either delivered in person, or by a recognized courier service, or deposited with the
United States Postal Service as first-class mail, postage prepaid, certified mail, return
receipt requested, via facsimile or by electronic mail, to the parties at the addresses and
fax numbers, e-mail addresses provided in the Authorized Offer and Contract Signature
Page below. For purposes of complying with any provision in the contract or applicable
law that requires a "writing," such communication, when digitally signed with a
Washington State Licensed Certificate, shall be considered to be "in writing or "written"
to an extent no less than if it were in paper form. Notices will be effective upon receipt
or four business days after mailing, whichever is earlier. The notice address as provided
herein may be changed by written notice given as provided above.
In the event that a subpoena or other legal process commenced by a third party in any
way concerning the Equipment or Services provided pursuant to the contract is served
upon contractor or DES, such party agrees to notify the other party in the most
expeditious fashion possible following receipt of such subpoena or other legal process.
The contractor and DES further agree to cooperate with the other party in any lawful
Page 25 of 26
effort by the other party to contest the legal validity of such subpoena or other legal
process commenced by a third party.
4.3. Liens, claims and encumbrances
All materials, equipment, supplies and/or services shall be free of all liens, claims, or
encumbrances of any kind, and if DES or the purchaser requests, a formal release of
same shall be delivered to the respective requestor.
S. Lease Agreements: Not Applicable
6. Primary Contacts: The primary contact individuals for this participating
addendum are as follows (or their named successors):
Lead State
Name:
..
Rhonda Miller Dept. of Adm���in, Purchasing ,..�...._m_.�.... �_.
Address
Division, State of Nevada
mRm.300m
Address:
515 E. Musser St, Carson City, NV 89701
Telephone:
717-684-0182
Fax:717-684-0188
_ _............ ._. ....
scott.wulforst@sbdinc.com
E-mail:
rljpjI,krd� :b min.n.v. o
Contractor
Name
Scott Wulforst, National Accounts Manager
Address
Stanley Convergent Security Solutions
4690 Longley Lane 23
Reno, NV 89502
Telephone
775-287-8110
Fax
702-474-9340
E-mail
scott.wulforst@sbdinc.com
Parding Entity
Name
Momi Friedlander
Address
1500 Jefferson Street SE
Telephone
360-407-8505
Fax
360-586-2426
E-mail
I Momi.friedlander@des.wa.gov
7. Subcontractors: All Stanley Convergent Security Solutions dealers and
resellers authorized in the State of Washington are approved to provide sales and
service support to participants authorized by this Participating Addendum and
Page 26 of 26
shall be in accordance with the terms and conditions set forth in the
aforementioned Master Agreement.
8. Orders: Any Order placed by a Participating Entity or Purchasing Entity for a Product
and/or Service available from this Participating Addendum shall be deemed to be a sale
under (and governed by the prices and other terms and conditions) of the Master
Agreement unless the parties to the Order agree in writing that another contract or
agreement applies to such Order.
Purchase orders must be submitted with a valid quote and written acceptance from
agency prior to contract performance.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution
by both parties below.
Participating State:
Contractor:
Washin on
Stanley Convergent
Securi Solutions
By:
By.
Name:
I 1/
0
Name:
Name:
Dater
Date: / -/ 7- e
Title:
Title•
•
Date:
Date: 12 Z Z26L
Participating State:
I
Participating State:
B Si nature r.",...` -
y( g
f 01, ji"I .......
By(Signature) �...
Name:
0
"
Name:
I 1/
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Title
Title: „
Dater
Date: / -/ 7- e
RFP 3047 — Pricing Schedule
For any project that requires the contractor to pay federal prevailing wages for work performed under
that project, the contractor may submit evidence for a modified hourly rate based on the prevailing
wage. Information submitted by the contractor must clearly demonstrate that the proposed adjusted rate
is reasonable and appropriate. If and when a prevailing wage is required on a particular project, it will
be the contractor's responsibility to obtain the appropriate wage rate information and submit it, along
with any other required information to the agency or other government entity that has initiated the
project.
RFP 3047 — Pricing Schedule
Projects under $100,000.00 (not prevailing wage)
EACH PARTICIPATING STATE WILL NEGOTIATE TRAVEL/MOBILIZATION COSTS
ALL COST ASSOCIATED BELOW TO INCLUDE SHIPPING
Vendor Name Stanley Convergent Security Solutions
State Proposing on:
ALASK
ARKANSAS CALIFORNIA DELAWARE IOWA
NEVADA
NEW HAMPSHIRE NEW MEXICO OHIO OKLAHOMA
OREGON
SOUTH CAROLINA SOUTH DAKOTA TENNESSEE UTAH
VERMONT
WASHINGTON
Normal Business Hours (8:00 A.M. to 5:00 P.M., M -F) $ 93.00/Hour
After Hours (5:01 P.M. to 7:59 A.M., M -F) $ 124.00/Hour
Weekend/Holiday Hours
$155.00/Hour
Other miscellaneous labor costs, note type and rate per hour (if applicable).
a. Senior Program Manager $181
b. Project Manager $139
c. Engineering Technician $154
d. Senior Engineer $163
e. Systems Design Engineer $134
Warranty/maintenance/service done by: Stanley Convergent Security Solutions
Contact name and phone number: Howard Wulforst (702)-252-4200
Response time for repairs during warranty period 4 Hours
Response time for repairs after warranty period 4 Hours
Emergency response time 4 Hours
Non -emergency response time 4 Hours
(Attach additional sheets if necessary)
Estimated Completion Date:
Indicate the estimated completion date for any project with an estimated cost of $100,000.00 or
more.
RFP 3047 — Pricing Schedule
Maintenance Work (Non -Warranty)
EACH PARTICIPATING STATE WILL NEGOTIATE TRAVELIMOBILIZATION COSTS
ALL COST ASSOCIATED BELOW TO INCLUDE SHIPPING
Vendor Name Stanley Convergent Security Solutions
State Proposing on:
ALASK
ARKANSAS CALIFORNIA DELAWARE IOWA
NEVADA
NEW HAMPSHIRE NEW MEXICO OHIO OKLAHOMA
OREGON
SOUTH CAROLINA SOUTH DAKOTA TENNESSEE UTAH
VERMONT
WASHINGTON
Hourly rate for telephone consultation only No Charge
Normal Business Hours (8:00 A.M. to 5:00 P.M., M -F) $ 93.00/flour
After Hours (5:01 P.M. to 7:59 A.M., M -F) $ 124.00/Hour
Weekend/Holiday Hours
Costs for Maintenance
Maintenance Equipment Service Plan:
New Installations: $0.54 Per $100 of
Equipment Price/Month (Equipment —
Stanley Installed Systems)
Existing Installations will be priced
as Parts and Labor.
Materials percentage mark-up
(Receipts for materials may be required by using
agency to be submitted with invoice)
23%
Other cost
(Provide detail)
N/A
Other cost
(Provide detail)
N/A
$155.00/Hour