Lexington, Kentucky€¦ · 2. OWNERSHIP AND PUBLIC RECORDS 3. MAINTENANCE AND USER FEES . Section...

The Office of the Fayette County Sheriff Lexington, Kentucky

Body Worn Camera and Digital Evidence Management

Request for Proposal

May 27, 2020

OFFICE OF THE FAYETTE COUNTY SHERIFF #1-2020 BODY WORN CAMERA REQUEST FOR PROPOSAL

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Office of the Fayette County Sheriff

Sheriff Kathy H. Witt

REQUEST FOR PROPOSAL The Office of the Fayette County Sheriff (OFCS) is soliciting proposals from qualified companies

to provide the Office of Sheriff with body worn cameras and appropriate video storage solutions. Companies must provide a video storage solution, which partners with the provided body worn cameras, to store, manage, retrieve and share captured digital video. Qualified companies will also provide a Service Agreement which includes service on equipment, hardware and software for 2 years.

Potential Vendors must demonstrate experiences in designing and maintaining body worn camera and backend server solutions. The intent of this request for proposals is to acquire body worn video camera for public safety use that offers ease of use, functionality, recording and storage capabilities. Potential Vendors shall only submit one proposal per firm.

Proposals that do not conform to the mandatory items as provided in the proposal instructions will not be considered.

Based upon results of the review and evaluation, the Office of the Fayette County Sheriff may decide to proceed with an offer to one or more companies to furnish and potentially deploy units on a permanent basis throughout the Office of Sheriff.


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TABLE OF CONTENTS

Section I: GOALS AND OBJECTIVES Section II: GENERAL CONDITIONS

1. TERMS 2. DESIGNATED CONTACTS 3. SCHEDULE OF EVENTS 4. REFERENCES 5. COMMUNICATION WITH STAFF 6. PROPRIETARY INFORMATION 7. APPLICABLE LAW

Section III: PROPOSAL SUBMISSION AND PROCESS

1. PROPOSAL FORMAT 2. PROPOSAL REQUIREMENTS

a. Executive Summary b. Experience and References c. Staff Qualifications and Availability d. Conceptual Treatment of Project and Work Plan e. Body Worn Camera Selection and Assessment Tool f. License Agreement, Software Maintenance Agreement and Hosted

Agreement g. Financial Statements h. Budget Detail Worksheet and Budget Narrative

Section IV: EVALUATION OF PROPOSAL Section V: WITHDRAWAL OF PROPOSAL Section VI: REJECTION OF PROPOSAL Section VII: TECHNOLOGY INFORMATION AND REQUIREMENTS


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1. CAMERA AND SOFTWARE CONSIDERATIONS 2. OWNERSHIP AND PUBLIC RECORDS 3. MAINTENANCE AND USER FEES

Section VIII: GENERAL PROVISIONS Section IX: APPENDIXES

Appendix 1 BWC Selection and Assessment Tool Appendix 2 References Appendix 3 Budget Template (excel file)


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Section I. GOALS AND OBJECTIVES

The intent of this request for proposals is to acquire body worn video cameras for public safety use which offer ease of use, functionality, recording and storage capabilities. Potential Vendors will also be required to provide training on the use of body worn cameras and storage systems. All proposals submitted must address the key components discussed in the Technical Information and Requirements section.

Section II. GENERAL CONDITIONS TERMS

The agreement which results from this RFP will be a contract for a period of an agreed upon amount of years. This agreement may be extended, if the Office of the Fayette County Sheriff exercises the option to do so. DESIGNATED CONTACTS The Office of the Fayette County Sheriff welcomes questions on or before 4:00 p.m. on June 24, 2020 regarding this solicitation. All questions shall be submitted in writing via email to the procurement contact, Carolynn Lee, who is the only individual that may be contacted regarding the RFP and all inquiries should be sent [email protected]. SCHEDULE OF EVENTS

ACTIVITY DATE/TIME

1. Release Request for Proposal May 27, 2020

2. Deadline to submit written questions June 10, 2020

3. Response to written questions June 17, 2020

4. Deadline for submitting proposal June 24, 2020

5. Evaluation Committee Review June 26, 2020

6. Final recommended selection July 1, 2020


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REFERENCES

The Office of the Fayette County Sheriff reserves the right to check any reference(s), regardless of the source of the reference information, including but not limited to, those that are identified by the company in the proposal, those that are identified during the review of the proposal, or those that result from communication with other entities involved with similar projects. COMMUNICATION WITH STAFF

From the date the RFP is issued until a contract is executed, communication regarding this project between potential vendors and individuals employed by the Office of the Fayette County Sheriff is prohibited. Only written communication with the procurement contact, as listed on page five of this Request for Proposal, is permitted.

Once a determination is announced regarding the selection of a vendor, the Vendor will be

permitted to speak with person(s) participating in contract negotiations.

Violation of these conditions may be considered sufficient cause to reject a vendor’s proposal and/or selection irrespective of any other condition. The following exceptions to these restrictions are permitted:

• Contacts made pursuant to any pre-existing contracts or obligations; and • Presentations, key personnel interviews, clarification sessions or discussions to finalize a

contract, as requested by the Office of the Fayette County Sheriff. PROPRIETARY INFORMATION All information and data contained in the proposal becomes the property of the Office of the Fayette County Sheriff and becomes public information upon opening the proposal. LAWS AND REGULATIONS

All applicable state laws, municipal ordinances and regulations of all authorities having jurisdiction over the project shall apply to the contract, and shall be deemed to be incorporated herein by reference. EQUAL EMPLOYMENT OPPORTUNITY

The Entity (regardless of whether construction contractor, non-construction contractor or supplier) agrees to provide equal opportunity in employment for all qualified persons, to prohibit discrimination in employment because of race, color, creed, national origin, sex or age, and to promote equal employment through a positive, continuing program from itself and each of its subcontracting agents. This program of equal employment opportunity shall apply to every aspect of its employment policies and practices.


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Kentucky Equal Employment Opportunity Act The Kentucky Equal Employment Opportunity Act of 1978 (KRS 45.560-45.640) requires that any "county, city, town, school district, water district, hospital district, or other political subdivision of the state shall include in directly or indirectly publicly funded contracts for supplies, materials, services, or equipment hereinafter entered into the following provisions:

"During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin;

(2) The contractor will state in all solicitations or advertisements for employees placed by or on behalf of the contractors that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin;

(3) The contractor will post notices in conspicuous places, available to employees and applicants for employment, setting forth the provision of the nondiscrimination clauses required by this section; and

(4) The contractor will send a notice to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding advising the labor union or workers' representative of the contractor's commitments under the nondiscrimination clauses."

The Act further provides:

"KRS 45.610. Hiring minorities -- Information required

(1) For the length of the contract, each contractor shall hire minorities from other sources within the drawing area, should the union with which he has collective bargaining agreements be unwilling to supply sufficient minorities to satisfy the agreed upon goals and timetables.

(2) Each contractor shall, for the length of the contract, furnish such information as required by KRS 45.560 to KRS 45.640 and by such rules, regulations and orders issued pursuant thereto and will permit access to all books and records pertaining to his employment practices and work sites by the contracting agency and the department for purposes of investigation to ascertain compliance with KRS 45.560 to 45.640 and such rules, regulations and orders issued pursuant thereto.


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KRS 45.620. Action against contractor -- Hiring of minority contractor or subcontractor

(1) If any contractor is found by the department to have engaged in an unlawful practice under this chapter during the course of performing under a contract or subcontract covered under KRS 45.560 to 45.640, the department shall so certify to the contracting agency and such certification shall be binding upon the contracting agency unless it is reversed in the course of judicial review.

(2) If the contractor is found to have committed an unlawful practice under KRS 45.560 to 45.640, the contracting agency may cancel or terminate the contract, conditioned upon a program for future compliance approved by the contracting agency and the department. The contracting agency may declare such a contractor ineligible to bid on further contracts with that agency until such time as the contractor complies in full with the requirements of KRS 45.560 to 45.640.

(3) The equal employment provisions of KRS 45.560 to 45.640 may be met in part by a contractor by subcontracting to a minority contractor or subcontractor. For the provisions of KRS 45.560 to 45.640, a minority contractor or subcontractor shall mean a business that is owned and controlled by one or more persons disadvantaged by racial or ethnic circumstances.

KRS 45.630 Termination of existing employee not required, when

Any provision of KRS 45.560 to 45.640 notwithstanding, no contractor shall be required to terminate an existing employee upon proof that employee was employed prior to the date of the contract.

KRS 45.640 Minimum skills

Nothing in KRS 45.560 to 45.640 shall require a contractor to hire anyone who fails to demonstrate the minimum skills required to perform a particular job."

It is recommended that all of the provisions above quoted be included as special conditions in each contract. In the case of a contract exceeding $250,000, the contractor is required to furnish evidence that his workforce in Kentucky is representative of the available work-force in the area from which he draws employees, or to supply an Affirmative Action plan which will achieve such representation during the life of the contract.


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Section III. PROPOSAL SUBMISSION AND PROCESS PROPOSAL FORMAT

The proposal submitted should not exceed 50 pages. Other attachments may be included with no guarantee of review.

The Potential Vendor shall submit one clearly labeled original and six copies of their proposal. The name of the Potential Vendor firm shall be indicated on the spine and/or cover of each binder.

Proposals shall be signed by an authorized representative of the offeror. All information requested

must be submitted. Failure to submit all information requested may result in the Office of the Fayette County Sheriff requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Mandatory requirements are those required by law or such that they cannot be waived and are not subject to negotiation.

Proposals should be prepared simply and economically, providing a straightforward, concise

description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Elaborate brochures and excessive promotional materials are not required or desired

All proposals must be submitted in a sealed envelope clearly marked with the name and address of

the Potential Vendor and the RFP number and title. No responsibility will attach to the Office of the Fayette County Sheriff or any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open a proposal not properly addressed and identified.

Due to the COVID-19 Pandemic and the current restrictions that exist, we will accept fax or email proposals as long as the cover page clearly indicates that this is to be considered a Sealed document. Sealed proposals will also be received in the Office of the Fayette County Sheriff, Room 265, District Court Building, 150 North Limestone, Lexington, KY, 40507, until 4:00 PM EST, on June 12, 2020.

Proposals received after the date and time set for opening proposals will not be considered for award of a contract and will be returned unopened to the Proposer. It is the sole responsibility of the Proposer to assure that his/her proposal is received by the Office of the Fayette County Sheriff before the date and time set for opening proposals.


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Proposals must be sealed in an envelope and the envelope prominently marked: RFP #1-2020 Body Worn Cameras and Evidence Management Proposal If mailed, the envelope must be addressed to:

Office of the Fayette County Sheriff Attn: Body Worn Camera Committee 150 North Limestone, Suite 265 Lexington, KY 40507

Proposals, once submitted, may not be withdrawn for a period of sixty (60) calendar days. PROPOSAL REQUIREMENTS

The Potential Vendors shall provide the appropriate information in sufficient detail to demonstrate that the evaluation criteria has been satisfied as specified. To allow for easier comparison of proposals during evaluation, proposals should contain the following sections and attachments and be arranged in consecutive order.

Executive Summary. This section shall serve to provide the Office of the Fayette County Sheriff with the key elements and unique features of the proposal by briefly describing how the Potential Vendor is going to provide the best solution. The Executive Summary should include a schedule of major milestones to accomplish the implementation.

The Executive Summary should also include a list of high risk or problematic areas which were

identified during the proposal process that are reasons for concern. Potential Vendor will not be evaluated on this paragraph and cannot lose evaluation points for listing areas of concern. These concerns will be addressed with the successful Vendor during negotiations.

Experience & References. Provide a list of at least three (3) references where you have provided

similar goods and services to include name, address, contact name, phone number, number of cameras in use, number of years each has been using your system, and corresponding interfacing systems that will be used by the Office of Sheriff.

Staff Qualifications and Availability. Provide information concerning the experience, background

and resumes of those persons who would actually perform work on the project. Indicate the present workload of the project staff to demonstrate their ability to devote sufficient time to meet the proposed schedule.

Conceptual Treatment of Project and Work Plan. Describe in more detail the approach to the

project. Include a preliminary project plan that includes Potential Vendor’s concept of the project including the methodology to be used, proposed timeline, and the major deliverables to be produced. In addition, the


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Potential Vendor must provide and specify the roles and responsibilities for the Office of the Fayette County Sheriff, Potential Vendor, and any companies providing the video storage solution. Include any assumptions and constraints.

Body Worn Camera Selection and Assessment Tool. All potential vendors must complete and

submit this form for review by the Office of Sheriff.

License Agreement, Software Maintenance Agreement and Hosted Agreement must be provided for review and evaluation by the Office of Sheriff.

Financial Statement. The Potential Vendor must substantiate their financial stability along with the

financial stability of any subcontractors. The most recent audited financial statements must be submitted with your bid. Provide a complete written description concerning your past, current, and future financial stability relative to your ability to meet the long-term requirements of this contract. The information should be supported with appropriate documentation, such as a current Dunn & Bradstreet report. The Office of the Fayette County Sheriff will exclusively determine financial stability of respondents to this RFP process.

The Potential Vendor should provide, at a minimum, the following financial data:

• Most current audited financial statement including an Income Statement, Statement of Cash Flows and a Balance Sheet (publicly held firms should include quarterly reports since the last annual report)

• Financial information specific to the division within the organization responsible for research, development, marketing and support of the proposed Products and Services

• Bank references and name of auditing firm • Identification of any and all parent or subsidiaries relationships

BUDGET DETAIL WORKSHEET

Submit an itemized budget worksheet for review for evaluation by the Office of the Fayette County Sheriff. BUDGET NARRATIVE

The budget narrative should thoroughly and clearly describe every category of expense listed in the Budget Detail Worksheet. Proposed budgets must be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). Vendors should demonstrate in their budget narratives how they will maximize cost effectiveness of grant expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. The narrative should be mathematically sound and correspond with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the vendor estimated and calculated all costs,


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and how they are relevant to the completion of the proposed project. The narrative may include tables for clarification purposes but need not be in a spreadsheet format.

The Budget Narrative must include the following: • Bundle Price option for camera and storage • Unit price for wearable cameras • Unit price for camera accessories (mounts, collars, etc.) • Unit price for evidence transfer managers (docking stations) • Annual price for hardware maintenance and support • Annual price for software maintenance and support • Price for hosting storage for immediate access • Price for hosting archival storage • Hourly rates for training services

Specifically, the initial order is estimated to be for 25 cameras. The equipment pricing will be used

for purchases of equipment throughout the term of the contract. All yearly maintenance and support fees shall be provided at a “fixed” per year price. Operation of all software and hardware products shall be warranted for a period of 12 months from the date of acceptance at no additional cost. Section IV. EVALUATION OF PROPOSAL

Proposals will be reviewed by an Evaluation Panel made up of representatives of the Office of the Fayette County Sheriff. The Evaluation Panel will select a "short list" of qualified Service Providers who will be formally interviewed and may be requested to provide a formal demonstration to the Office of Sheriff. The contract will be awarded to the Potential Vendor whose proposal the Office of Sheriff determines, in its sole discretion, is the most advantageous to the Office of Sheriff. Evaluations will be based on the required criteria listed, and qualitative evaluation will also be based on:

• Ease of solution’s use • Ability to meet the requirements of the RFP • Maintenance, training, and support offering • Cost of Services • Acceptance of the Office of the Fayette County Sheriff’s RFP Terms and Conditions


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SELECTION CRITERIA:

Estimated Costs of Services 16 points Proposed Solutions' Fulfillment of the Requirements 16 points Business Profile 12 points Client References 12 points Project Plan/Schedule 10 points Responses to Key Questions 10 points Vendor Support 12 points Training Approach 12 points

Questions shall be submitted via mail to:

Office of the Fayette County Sheriff Attn: Body Worn Camera Committee 150 North Limestone, Suite 265 Lexington, KY 40507

Or via Email to: [email protected]

Section V. WITHDRAWAL OF PROPOSAL

Potential Vendors may request withdrawal of a posted, sealed proposal prior to the scheduled proposal opening time provided the request for withdrawal is submitted to the Body Worn Camera RFP Point of Contact in writing. Proposals must be re-submitted and time-stamped in accordance with the RFP document in order to be accepted.

Section VI. REJECTION OF PROPOSAL

The Office of the Fayette County Sheriff reserves the right to reject any and all proposals received by reason of this request.

Section VII. TECHNOLOGY INFORMATION AND REQUIREMENTS

All potential vendors must provide detailed and specific information on the following characteristics and requirements of their body-worn camera systems.

CAMERA AND SOFTWARE CONSIDERATIONS

Camera Characteristics:

Maximum total combined weight of device to be worn by deputy, in ounces Minimum recording capability on a single battery charge, in hours Minimum storage capacity on the device, in hours


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Minimum sustained stand-by battery life without recharging, in hours Recording indicator visible to the operator Ability for the deputy/operator to turn the recording indicator off and on Minimum field of vision, in degrees Low light functionality similar to the human eye Ability to disable night vision function, Ability to transfer camera between multiple locations on the body Maximum number of wire or cable connections for the worn device Auto-tagging function for date/time, including hours, minutes, and seconds Additional product literature

Display and Access:

Ability to view the video in the field Presence of enhanced user authentication Existence of a log showing users that have viewed and copied the video Ability to set and control the length of video retention by the System Administrator Identified management of account administration Ability to support multiple concurrent user log-ins Existence of customized search criteria Built in audio and video redaction capability Customizable logs/reports

Technical Capabilities:

Contractor must include video/audio data management software 24-hour remote technical support provided

System Warranty:

Minimum warranty for all patches, hardware, and software with option to extend warranty

Articulated Return Material Authorization process Maximum time allowed for replacement of inoperable equipment by the vendor

Qualifications and Experience:

The Potential Vendor shall provide a history of the business including the date established, the type of ownership or legal structure of the business (sole proprietor, partnership, corporation, etc.), the length of time that the firm has been operating as the legal entity, and the length of time the firm has been providing the requested service.

The Potential Vendor shall list the proposed key members of staff to be assigned to the Office of the Fayette County Sheriff’s contract including their roles and estimated participation in delivering the services.


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The Potential Vendor shall disclose and explain any litigation, threatened litigation, investigation, reorganization, receivership, filing, strike, audit, corporate acquisition, unpaid judgments or other action that could have an adverse impact on their ability to provide the required needs.

The Potential Vendor shall disclose and explain whether they have been unable to complete a contract, been removed from a contract, or been replaced during a contract period in the past five years.

If selected, Vendor, and any of their employees who work with the video system, must agree to submit and pass a criminal background check.

Storage

Acknowledgment that all data is property of the Office of the Fayette County Sheriff and must be made available at no additional cost

Storage solution compliance with law enforcement Criminal Justice Information Services (CJIS) data protection and transport (i.e. SSL) standards. No external party-initiated connections will be allowed. The storage facility must be located within the United States (lower 48) including data storage for disaster recovery (DR) solutions. [NOTE: For additional information on CJIS standards, please see https://www.fbi.gov/about-us/cjis/cjis-security-policy-resource-center.]

Clear indication of storage costs, equipment replacement costs, and cloud transactions costs. Disclosure of all additional costs

Ability to export audit trail along with video, including redactions in an industry standard format

Identified scope of audit trail Identified data integrity Capability to produce digitally authenticated duplicates

Technical Component:

Ability to index data, e.g. deputy name, serial number, date/time of recording, report number, and type of crime.

Ability to automatically integrate with CAD systems and list or identify supported CAD vendors.

Identified technical support and assistance that will include, but not be limited to the following; devices worn by police personnel, docking/charging stations, networking equipment, WAN/LAN connectivity, system software, system upgrades, and video retrieval software and procedures.

Identified areas of expertise and resources available both nationally and locally to provide the requested services.

Described process for video uploading Supported integration system to support integration for the backup of data (including

video and database with audit logs) for data integrity in the event of corruption or malware.

Supported local backend infrastructure in addition to CJIS compliant cloud storage with the ability to migrate in either direction at the discretion of the Office of Sheriff.


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OWNERSHIP AND PUBLIC RECORDS The Office of the Fayette County Sheriff shall own all rights to the data and video that is stored at the Vendor’s host site, (if applicable) with no transfer, conveyance, assignment, or sharing of data ownership to/with the hosting provider. It will be the responsibility of the Office of the Fayette County Sheriff to notify the Vendor when the data can be deleted from the Vendor’s host site. MAINTENANCE AND USER FEES

The Office of the Fayette County Sheriff will not pay software maintenance or support fees until the functions and features are demonstrated as operational in production. The Office of Sheriff shall be entitled to exercise its option to purchase Extended Maintenance for a given option period.

User account fees, if any, will include costs for all subscription licensed software provided by the

Vendor, such as third-party modules, middleware, and integration. During implementation, testing, training, validation and integration, the Vendor will provide sufficient numbers of user access accounts to enable the team to achieve a successful "go-live" into production. User Account fees will be based on production system use. Training, Development and Test accounts will not be considered additional users for access purposes.


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EQUAL OPPORTUNITY AGREEMENT

The Law • Title VII of the Civil Rights Act of 1964 (amended 1972) states that it is unlawful for an employer to

discriminate in employment because of race, color, religion, sex, age (40-70 years) or national origin. • Executive Order No. 11246 on Nondiscrimination under Federal contract prohibits employment

discrimination by contractor and sub-contractor doing business with the Federal Government or recipients of Federal funds. This order was later amended by Executive Order No. 11375 to prohibit discrimination on the basis of sex.

• Section 503 of the Rehabilitation Act of 1973 states: The Contractor will not discriminate against any employee or applicant for employment because

of physical or mental handicap. • Section 2012 of the Vietnam Era Veterans Readjustment Act of 1973 requires Affirmative Action on

behalf of disabled veterans and veterans of the Vietnam Era by contractors having Federal contracts. • Section 206(A) of Executive Order 12086, Consolidation of Contract Compliance Functions for Equal

Employment Opportunity, states:

The Secretary of Labor may investigate the employment practices of any Government contractor or sub-contractor to determine whether or not the contractual provisions specified in Section 202 of this order have been violated.

****************************** The Office of the Fayette County Sheriff practices Equal Opportunity in recruiting, hiring and promoting. It is the Government's intent to affirmatively provide employment opportunities for those individuals who have previously not been allowed to enter into the mainstream of society. Because of its importance to the local Government, this policy carries the full endorsement of the Mayor, Commissioners, Directors and all supervisory personnel. In following this commitment to Equal Employment Opportunity and because the Government is the benefactor of the Federal funds, it is both against the Urban County Government policy and illegal for the Government to let contracts to companies which knowingly or unknowingly practice discrimination in their employment practices. Violation of the above mentioned ordinances may cause a contract to be canceled and the contractors may be declared ineligible for future consideration. Please sign this statement in the appropriate space acknowledging that you have read and understand the provisions contained herein. Return this document as part of your application packet. Bidders I/We agree to comply with the Civil Rights Laws listed above that govern employment rights of minorities, women, Vietnam veterans, handicapped and aged persons. __________________________________ __________________________________ Signature Name of Business


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GENERAL PROVISIONS

1. Each Respondent shall comply with all Federal, State & Local regulations concerning this type of service or

good. The Respondent agrees to comply with all statutes, rules, and regulations governing safe and healthful

working conditions, including the Occupational Health and Safety Act of 1970, 29 U.S.C. 650 et. seq., as

amended, and KRS Chapter 338. The Respondent also agrees to notify the OFCS in writing immediately upon

detection of any unsafe and/or unhealthful working conditions at the job site. The Respondent agrees to indemnify,

defend and hold the OFCS harmless from all penalties, fines or other expenses arising out of the alleged violation

of said laws.

2. Failure to submit ALL forms and information required in this RFP may be grounds for disqualification.

3. Addenda: All addenda, if any, shall be considered in making the proposal, and such addenda shall be made a

part of this RFP. Before submitting a proposal, it is incumbent upon each proposer to be informed as to whether

any addenda have been issued, and the failure to cover in the bid any such addenda may result in disqualification

of that proposal.

4. Proposal Reservations: OFCS reserves the right to reject any or all proposals, to award in whole or part, and to

waive minor immaterial defects in proposals. OFCS may consider any alternative proposal that meets its basic

needs.

5. Liability: OFCS is not responsible for any cost incurred by a Respondent in the preparation of proposals.

6. Changes/Alterations: Respondent may change or withdraw a proposal at any time prior to the opening;

however, no oral modifications will be allowed. Only letters, or other formal written requests for modifications

or corrections of a previously submitted proposal which is addressed in the same manner as the proposal, and


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received by OFCS prior to the scheduled closing time for receipt of proposals, will be accepted. The proposal,

when opened, will then be corrected in accordance with such written request(s), provided that the written request

is contained in a sealed envelope which is plainly marked “modifications of proposal”.

7. Clarification of Submittal: OFCS reserves the right to obtain clarification of any point in a bid or to obtain

additional information from a Respondent.

8. Bribery Clause: By his/her signature on the bid, Respondent certifies that no employee of his/hers, any affiliate

or Subcontractor, has bribed or attempted to bribe a deputy or employee of the OFCS.

9. Additional Information: While not necessary, the Respondent may include any product brochures, software

documentation, sample reports, or other documentation that may assist OFCS in better understanding and

evaluating the Respondent’s response. Additional documentation shall not serve as a substitute for other

documentation which is required by this RFP to be submitted with the proposal,

10. Ambiguity, Conflict or other Errors in RFP: If a Respondent discovers any ambiguity, conflict, discrepancy,

omission or other error in the RFP, it shall immediately notify OFCS of such error in writing and request

modification or clarification of the document if allowable by the OFCS.

11. Agreement to Bid Terms: In submitting this proposal, the Respondent agrees that it has carefully examined

the specifications and all provisions relating to the work to be done attached hereto and made part of this proposal.

By acceptance of a Contract under this RFP, proposer states that it understands the meaning, intent and

requirements of the RFP and agrees to the same. The successful Respondent shall warrant that it is familiar with

and understands all provisions herein and shall warrant that it can comply with them. No additional compensation

to Respondent shall be authorized for services or expenses reasonably covered under these provisions that the

proposer omits from its Proposal.


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12. Cancellation: If the services to be performed hereunder by the Respondent are not performed in an acceptable

manner to the OFCS, the OFCS may cancel this contract for cause by providing written notice to the proposer,

giving at least thirty (30) days’ notice of the proposed cancellation and the reasons for same. During that time

period, the proposer may seek to bring the performance of services hereunder to a level that is acceptable to the

OFCS, and the OFCS may rescind the cancellation if such action is in its best interest.

A. Termination for Cause

(1) OFCS may terminate a contract because of the contractor’s failure to perform its contractual

duties

(2) If a contractor is determined to be in default, OFCS shall notify the contractor of the

determination in writing, and may include a specified date by which the contractor shall cure the

identified deficiencies. OFCS may proceed with termination if the contractor fails to cure the

deficiencies within the specified time.

(3) A default in performance by a contractor for which a contract may be terminated shall include,

but shall not necessarily be limited to:

(a) Failure to perform the contract according to its terms, conditions and specifications;

(b) Failure to make delivery within the time specified or according to a delivery schedule

fixed by the contract;

(c) Late payment or nonpayment of bills for labor, materials, supplies, or equipment

furnished in connection with a contract for construction services as evidenced by

mechanics’ liens filed pursuant to the provisions of KRS Chapter 376, or letters of

indebtedness received from creditors by the purchasing agency;


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(d) Failure to diligently advance the work under a contract for construction services;

(e) The filing of a bankruptcy petition by or against the contractor; or

(f) Actions that endanger the health, safely or welfare of the OFCS or its citizens.

B. Termination Notwithstanding the above provisions, the OFCS may terminate this contract in

accordance with the law upon providing thirty (30) days written notice of that intent, Payment for services

or goods received prior to termination shall be made by the OFCS provided these goods or services were

provided in a manner acceptable to the OFCS. Payment for those goods and services shall not be

unreasonably withheld.

13. Assignment of Contract: The contractor shall not assign or subcontract any portion of the Contract

without the express written consent of OFCS. Any purported assignment or subcontract in violation hereof

shall be void. It is expressly acknowledged that OFCS shall never be required or obligated to consent to

any request for assignment or subcontract; and further that such refusal to consent can be for any or no

reason, fully within the sole discretion of OFCS.

14. No Waiver: No failure or delay by OFCS in exercising any right, remedy, power or privilege

hereunder, nor any single or partial exercise thereof, nor the exercise of any other right, remedy, power or

privilege shall operate as a waiver hereof or thereof. No failure or delay by OFCS in exercising any right,

remedy, power or privilege under or in respect of this Contract shall affect the rights, remedies, powers or

privileges of OFCS hereunder or shall operate as a waiver thereof.

15. Authority to do Business: The Respondent must be a duly organized and authorized to do business

under the laws of Kentucky. Respondent must be in good standing and have full legal capacity to provide

the services specified under this Contract. The Respondent must have all necessary right and lawful


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authority to enter into this Contract for the full term hereof and that proper corporate or other action has

been duly taken authorizing the Respondent to enter into this Contract. The Respondent will provide OFCS

with a copy of a corporate resolution authorizing this action and a letter from an attorney confirming that

the proposer is authorized to do business in the State of Kentucky if requested. All proposals must be

signed by a duly authorized officer, agent or employee of the Respondent.

16. Governing Law: This Contract shall be governed by and construed in accordance with the laws of the

Commonwealth of Kentucky. In the event of any proceedings regarding this Contract, the Parties agree

that the venue shall be the Fayette County Circuit Court or the U.S. District Court for the Eastern District

of Kentucky, Lexington Division. All parties expressly consent to personal jurisdiction and venue in such

Court for the limited and sole purpose of proceedings relating to this Contract or any rights or obligations

arising thereunder. Service of process may be accomplished by following the procedures prescribed by

law.

17. Ability to Meet Obligations: Respondent affirmatively states that there are no actions, suits or

proceedings of any kind pending against Respondent or, to the knowledge of the Respondent, threatened

against the Respondent before or by any court, governmental body or agency or other tribunal or authority

which would, if adversely determined, have a materially adverse effect on the authority or ability of

Respondent to perform its obligations under this Contract, or which question the legality, validity or

enforceability hereof or thereof.

18. Contractor understands and agrees that its employees, agents, or subcontractors are not employees of

OFCS for any purpose whatsoever. Contractor is an independent contractor at all times during the

performance of the services specified.


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19. If any term or provision of this Contract shall be found to be illegal or unenforceable, the remainder

of the contract shall remain in full force and such term or provision shall be deemed stricken.

____________________________ ________________________ Signature Date


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RISK MANAGEMENT PROVISIONS INSURANCE AND INDEMNIFICATION

INDEMNIFICATION AND HOLD HARMLESS PROVISION

(1) It is understood and agreed by the parties that Consultant hereby assumes the entire responsibility and

liability for any and all damages to persons or property caused by or resulting from or arising out of

any act or omission on the part of Consultant or its employees, agents, servants, owners, principals,

licensees, assigns or subcontractors of any tier (hereinafter “Consultant”) under or in connection with

this agreement and/or the provision of goods or services and the performance or failure to perform any

work required thereby.

(2) Consultant shall indemnify, save, hold harmless and defend the Office of the Fayette County Sheriff

and its elected and appointed officials, employees, agents, volunteers, and successors in interest

(hereinafter “OFCS”) from and against all liability, damages, and losses, including but not limited to,

demands, claims, obligations, causes of action, judgments, penalties, fines, liens, costs, expenses,

interest, defense costs and reasonable attorney’s fees that are in any way incidental to or connected

with, or that arise or are alleged to have arisen, directly or indirectly, from or by Consultant’s

performance or breach of the agreement and/or the provision of goods or services provided that: (a) it

is attributable to personal injury, bodily injury, sickness, or death, or to injury to or destruction of

property (including the loss of use resulting therefrom), or to or from the negligent acts, errors or

omissions or willful misconduct of the Consultant; and (b) not caused solely by the active negligence

or willful misconduct of OFCS.

(3) Notwithstanding, the foregoing, with respect to any professional services performed by Consultant

hereunder (and to the fullest extent permitted by law), Consultant shall indemnify, save, hold harmless

and defend OFCS from and against any and all liability, damages and losses, including but not limited

to, demands, claims, obligations, causes of action, judgments, penalties, fines, liens, costs, expenses,

interest, defense costs and reasonable attorney’s fees, for any damage due to death or injury to any

person or injury to any property (including the loss of use resulting therefrom) to the extent arising out

of, pertaining to or relating to the negligence, recklessness or willful misconduct of Consultant in the

performance of this agreement.


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(4) In the event OFCS is alleged to be liable based upon the above, Consultant shall defend such

allegations and shall bear all costs, fees and expenses of such defense, including but not limited to, all

reasonable attorneys’ fees and expenses, court costs, and expert witness fees and expenses, using

attorneys approved in writing by OFCS, which approval shall not be unreasonably withheld.

(5) These provisions shall in no way be limited by any financial responsibility or insurance requirements,

and shall survive the termination of this agreement.

(6) OFCS is a political subdivision of the Commonwealth of Kentucky. Consultant acknowledges and

agrees that OFCS is unable to provide indemnity or otherwise save, hold harmless, or defend the

Consultant in any manner.

FINANCIAL RESPONSIBILITY

Consultant understands and agrees that it shall demonstrate the ability to assure compliance with the

above Indemnity provisions and these other risk management provisions prior to final acceptance of

its proposal and the commencement of any work or the provision of services.


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Appendix 1: BWC Selection & Assessment Tool

SYSTEM QUESTIONS If you would like multiple solutions considered, please submit one form for each proposed

solution.

No.

Question

Vendor Response

Cost of Any Modification General Requirements

1.0 PHYSICAL ASPECTS

1.1 What is the Model Number and Name of the Body Worn Camera (BWC) which you are proposing?

1.2

Describe and Explain the BWC mounting options (e.g., Head, Chest, Glasses, Helmet, Various).

1.3

Identify optional mounting locations and devices w/costs required to use the optional mounting location.

1.4 What is the weight of the device?

1.5 What are the dimensions of the device?

1.6 How is the battery recharged?

1.7

Is the device instant-on with battery replacement?

1.8

Describe the field serviceability of the replaceable battery.

1.9

How long does it take for the battery to recharge?

1.10

Is there a battery charge indicator light? If so, please describe

1.11

Is there a back-up battery in the event that the primary battery fails? If so, please describe.

1.12

Is there a visual indicator of active Recording? If so, please describe.


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1.13 Describe the in-field playback

capabilities and the user interface (audio and visual).

1.14

What is your certified International Protection Rating for Dust and Water protection?

1.15

What is your certified drop test rating per Mil Standard 810?

1.16 Describe any restrictions on

downloading or uploading data outside of the formal

1.17

Does the proposed device allow for expanded optional memory? If so, describe the process to upgrade the memory.

2.0 EQUIPMENT PERFORMANCE

Video Resolution and Frame Rate

2.1 *Recording frame rate at 60 frames preferred second (fps) is required. Please describe any deviation from this.

2.2 What is your maximum resolution for recording at 60 fps?

2.3 Please define your maximum camera resolution.

2.4 Does your video recording comply with H.264 video compression standards? If not, please describe the proposed equipment standard.

Field of View

2.5 Please list the field of view specification and describe how it balances depth versus breadth.

2.6 Does the unit have the ability to capture still photo? If yes, at what Megapixel?

2.7 Does the unit apply date and time stamp? Identify the format.


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2.8 Describe GPS marking capabilities and attributes.

2.9 Operational time and Storage capacity of (12) hours continuous at highest video resolution and frame rate available per device is required. Describe any deviation from this. *please note resolution and frame rate in response

2.10 What is the Lux rating (to what lux operational scale?)

2.11 Please describe night mode; distance, clarity and field of view.

2.12 Does the camera capture 30 Seconds pre-event record? what is included in pre-event capture?

2.13 What capabilities exist to prevent deletion or modification of any captured video locally (on the device)?

2.14 Is there functionality to allow for event marking at any time during recording? Please describe.

3.0 APPLICATION PERFORMANCE

3.1 Describe the functionality of the proposed application.

3.2 How is the application deployed and supported? Is it an on premise or cloud application or a hybrid?

3.3 How often is the application upgraded? Please describe the upgrade process.

3.4 Describe how the video content is moved from the BWC to the application repository.

3.5 Will the proposed application support the management of uploaded video from other recording sources? (Will the application allow import, playback and editing of other video formats?)


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3.6 System must have 24x7 help / support services available. Please describe any deviations from this.

3.7 Describe security access and permissions. Is it granular enough to segregate / limit access to video content data? Please describe how your application accomplishes this.

3.8 Where is the data stored (video, audio and metadata)?

3.9 How is the data backed up?

3.10 System must support an enterprise-wide single sign-on user authentication process that allows individual users to log-on to different systems with one global user ID and password. Please describe how you accomplish this.

3.11 What capabilities exist to set retention periods for data storage and can this be managed by system administrators.

3.12 System should be certified to National Standards. What certifications does your system have?

3.13 System must be compatible with current web browsers (Chrome, Firefox, Safari, Internet Explorer) to access system functions and ensuring security of the system and data. Please describe your approached to browser compatibility.

3.14 Video clearinghouse methodology -- how does the application/process prevent flooding the network with uploading requests?

3.15 Are there restrictions on the number of simultaneous uploads?

3.16 Please describe any performance metrics


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3.17 What are the bandwidth requirements for one unit downloading the maximum video capacity?

3.18 Describe any attributes of your system that allow for download management.

3.19 Does your software allow video marking with searchable metadata?

3.20 Please describe redaction capabilities within the software, if any.

3.21 What capabilities exist to audit system access and modifications? Please describe the chain of custody abilities to determine who has accessed, viewed, edited or copied data.

4.0 TRAINING AND IMPLEMENTATION

4.1 Vendor must train all staff on-site. Staff consists of: Maximum of 50 deputies. Please describe your approach to training.

4.2 System must have system administrators trained by vendor on-site for how to do configurations, user permissions, etc. Please describe your approach to admin training.

4.3 System must have Vendor provided training on Quality Control through audit trail. Please describe your approach.

4.4 System Vendor must provide training on how the system produces customized, ad-hoc, aggregate reports.

5.0 CONTRACT TERMS AND CONDITIONS

5.1 Please provide a sample contract that includes a description of our data rights and how we would retrieve our data in the event of our contract being terminated.


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5.2 Please describe our data rights and how we would retrieve our data and information in the event of our relationship being terminated.

5.3 Please provide a cost summary and itemization. Include the cost of any modifications.

5.4 If a cloud solution, please describe CALEA and CJIS compliance for both the application and hosting. Please describe any other compliance considerations. NOTE: CALEA (OPD Accrediting Body) requires that if we use a service provider for electronic storage of data (i.e. vendor or cloud storage) the written agreement establishes: a) data ownership; b) data sharing, access, and security; c) loss of data, irregularities and recovery; d) data retention and redundancy; e) required reports, if any; and f) special logistical and financial arrangements.

5.5 Please describe the length of contract you are proposing and how replacements and upgrades will be handled.

5.6 Describe the equipment refresh contracts available; i.e. Lease, hardware maintenance, warranty, etc.

5.7 Please describe how the contract will be structured to allow for expansion of additional units or to other law enforcement entities.

5.8 Will the company send legal representation to present in a legal case in the event there is a lawsuit pertaining to use and application of the BWC?


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Appendix 2. References

CONTRACTOR NAME: ________________________________________ Contractors are expected to provide three (3) references with accurate contact information. Every proposal must include this sheet (or an exact replica) to facilitate proposal evaluation. This is a requirement that will not be waived.

1. Name of business_____________________________________________________ Address_____________________________________________________________ Contact person_______________________________________________________ Telephone number/email address_______________________________________ Years dealing with your company_______________________________________

2. Name of business_____________________________________________________ Address _____________________________________________________________ Contact person_______________________________________________________ Telephone number/email address_______________________________________ Years dealing with your company_______________________________________

3. Name of business_____________________________________________________ Address _____________________________________________________________ Contact person_______________________________________________________ Telephone number/email address_______________________________________ Years dealing with your company_______________________________________

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