Hamilton County
Bid ITB 054-13/JW
Solicitation ITB 054-13/JW
Juris Monitoring
Bid designation: Public
Hamilton County
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Hamilton County
Bid ITB 054-13/JW
Bid ITB 054-13/JW Juris Monitoring Bid Number
ITB 054-13/JW
Bid Title
Juris Monitoring
Bid Start Date
Nov 1, 2013 8:01:56 AM EDT
Bid End Date
Nov 22, 2013 11:00:00 AM EST
Question & Answer Nov 13, 2013 12:00:00 PM EST End Date Bid Contact
Jill E Williams Purchasing Agent I Purchasing
[email protected]
Contract Duration 1 year Contract Renewal 4 annual renewals Prices Good for
Not Applicable
Bid Comments
The Hamilton County Board of County Commissioners on behalf of the Hamilton County Sheriff’s Office (HCSO) is accepting sealed bids for an electronic monitoring system designed to ensure effective and efficient monitoring of those individuals ordered by the Hamilton County courts to comply with such a system as a term of release or condition pursuant to a protective order. Item Response Form
Item
ITB 054-13/JW-01-01 - Juris Monitoring: Total Annual Cost Initial Term
Optional Renewal Year 1
Optional Renewal Year 2
Optional Renewal Year 3
Optional Renewal Year 4
Total Annual Cost Delivery Location Hamilton County Sheriff - Administration 1000 Sycamore St Room 110 Cincinnati OH 45202 Qty 1
Description Total Annual Cost
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Bid ITB 054-13/JW
HAMILTON COUNTY PURCHASING DEPARTMENT
Purchasing Department 138 East Court Street, Room 507 Cincinnati, Ohio 45202 Phone: (513) 946-4355 Fax: (513) 946-4335
Assistant County Administrator:
County Administrator:
Jeff Aluotto
Christian Sigman
Board of County Commissioners: Director of Purchasing: JoAnn Cramer, CPPB
Chris Monzel, President Gregory Hartmann, Vice President Todd Portune
DATE OF ISSUANCE:
November 1, 2013
INVITATION TO BID (ITB) NUMBER:
054-13
INVITATION TO BID (ITB) NAME:
Juris Monitoring
Date of Pre-Bid Conference:
None Scheduled
Deadline for Receiving Final ITB - Questions:
November 13, 2013
Deadline for Receiving Final ITB - Answers:
November 18, 2013
BID OPENING DATE:
November 22, 2013
Small Business Goal:
5%
Electronic bids will be received through BidSync or Paper Sealed bids will be received at the Hamilton County Purchasing Department, Room 507, 138 East Court Street, Cincinnati, Ohio 45202, until 11:00 AM on the date listed above and will be read at that time. The Public Opening of bids will be held in conference room A. Bid forms, specifications, etc. may be obtained upon application at the Purchasing Department, or they may be electronically retrieved by accessing the following web site: http://www.hamilton-co.org/purchasing/. Responders can register with Bid Sync by calling 1-801-765-9245 or by visiting the website at www.bidsync.com. There is no charge for Hamilton County solicitations. Responders will receive notification of all postings made by Hamilton County for the commodity selections you have made. If you need HELP preparing an electronic response please feel free to contact Bid Sync Supplier support @ 1-800-990-9339 ext #1.
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Bid ITB 054-13/JW
BID AND PERFORMANCE BONDS A surety, in the form of a bond, cashier’s check, certified check, drawn on a solvent financial institution, and made payable to the Board of County Commissioners, Hamilton County, in the amount of five percent (5%) of the total amount of the first years bid, must accompany each bid as a guarantee that if the Bidder’s bid is accepted, a contract will be entered into. The surety must be submitted with the bid. If responding electronically and submitting a bond or check, the actual bond or check must be received by 11:00 a.m. at the bid ending date and delivered to Hamilton County Purchasing 138 East Court Street Suite 507 Cincinnati, Ohio 45202. Bids that do not have the actual bond or check present at the time of opening will be considered noncompliant and will not be read. Failure to submit the bid bond with the bid will result in disqualification of the bid. The successful Bidder may be required to furnish a corporate surety bond or certified check on a solvent bank, made payable to the Board of County Commissioners, Hamilton County, for a total up to one hundred percent (100%) of the total amount of the contract price as a guarantee for the faithful performance thereof. The bond submitted must be issued by a company licensed to conduct business in the State of Ohio. DEPARTMENT INFORMATION Department Name: Street Address:
Hamilton County Sheriff’s Department 1000 Sycamore Street
City:
Cincinnati
State:
Ohio
Zip Code:
45202
Bidders submitting bids must realize that other County Departments may elect to utilize this bid after its original award. All bids must include the length of time that the prices and services offered are available and effective. The pricing submitted in the bid can only be used for the effective time period specified in the original bid. Additionally, Hamilton County is permitting area Municipalities, Townships, Villages and Cities to utilize our bid opportunities after the award of the bid. In its efforts to promote small business participation in Hamilton County projects, it is the policy of the Hamilton County Board of Commissioners that no contracting decision or contract award shall be based upon race, color, creed, sex, national origin, age or other unlawful basis. However, Hamilton County is an equal business opportunity governmental entity, and has always provided and will continue to provide, equal business opportunities in accordance with this policy.
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Bid ITB 054-13/JW
GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS 1. The Board of County Commissioners and Sheriff’s Department reserves the right to reject any or all bids and, unless otherwise specified by the Board of County Commissioners, to accept any item in the bid. In case of error in extending the total amount of the bid, the unit price will govern. 2. Hamilton County, Ohio is an equal business opportunity governmental entity and recognizes that small businesses promote employment and economic growth. The County encourages the participation of small businesses on County projects. 3. (If applicable) The small business participation goal for this contract is 5%. The goal may be achieved by contracting with subcontractors and suppliers that meet the Small Business Administration’s detailed definitions or size standards (see www.sba.gov/size for more information). 4. The County will make the final payment when the materials, supplies, equipment, or the work performed has been fully delivered or completed to the full satisfaction of the Board of County Commissioners. 5. In case of default by the Bidder or contractor, the Board of County Commissioners and Sheriff’s Department may procure the articles or services from other sources and hold the Bidder or contractor responsible for any excess costs occasioned thereby. 6. Prices must be stated in units or quantities specified. 7. Whenever a reference is made in the specifications or in describing the materials, supplies, or services required, of a particular trade name or manufacturer’s catalog or model number, the Bidder, if awarded the contract, will be required to furnish the particular item referred to in strict accordance with the specifications and descriptions UNLESS a departure or substitution is clearly noted and described in the bid by the Bidder and accepted by the County. 8. The Bidder, if awarded a contract or order, agrees to protect, defend, and hold harmless the Board of County Commissioners against any demand for payment for the use of any patented material, process, article, or device that may enter into the manufacture, construction, or from a part of the work covered by either order or contract. The Bidder further agrees to indemnify and hold harmless the Board of County Commissioners from suits or actions of every nature and description brought against it for or on account of any injuries or damages received or sustained by any party or parties by or from any acts of the contractor, his/her servants or agents. To this extent, the Bidder or contractor agrees to furnish adequate Public Liability and Property Damage Insurance, the amount of which will be determined by the Board of County Commissioners wherever such insurance, in the opinion of the Board, is deemed necessary. 9. Whenever required and so stated in the bid form, the Bidders shall furnish a bond or a certified check, drawn on a solvent bank and made payable to the Board of County
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Bid ITB 054-13/JW
Commissioners, in the amount of five percent (5%) of the total amount of the first year bid as a guarantee that, if the bid is accepted, a contract will be entered into. The successful Bidder may be required to furnish a bond or a certified check drawn on a solvent bank and made payable to the Board of County Commissioners, for up to one hundred percent (100%) of the total amount of the contract as a guarantee of faithful performance thereof. It is agreed that the bids submitted shall be irrevocable. If accepted, the Bidder must, within one hundred and twenty (120) days (unless extended by Hamilton County, in writing) after receiving notice of acceptance of said bid, be willing to: a) enter into a written agreement for the materials, supplies, or services set forth in this ITB and b) faithfully perform said contract according to its terms, conditions and the specifications set forth therein. Bidder will promptly pay all damages and expenses occurring to said Board of County Commissioners by reason of its failure or refusal to enter into said contract. The Board of County Commissioners will treat all Bidders alike in every respect, and the Board of County Commissioners will take final action on this and all other bids no later than one hundred and twenty (120) days (unless extended by Hamilton County, in writing) after this and all other bids are opened. No bid shall be considered as accepted, nor any obligation assumed hereunder by the Board of County Commissioners, until such time as said Board of County Commissioners deposits in the U.S. Mail or e-mail a written notice, addressed to the successful Bidder or Bidders at the address given, an acceptance of the bid or award of a contract. 10. Samples, when requested, are returned at the Bidder’s expense. 11. In order for bids to receive consideration, they MUST BE RECEIVED prior to the specified time of opening and reading as designated in this ITB. 12. When submitting their bids, bidders are required to use the system generated bid form furnished by the Purchasing Department when submitting their bids. The forms cannot be altered. If submitting a paper bid, envelopes must be sealed when submitted and the words ITB # prominently written and displayed on the outside of the envelope/packages. Electronic responses must be completed on-line. 13. Bids having erasures or corrections thereon will be rejected unless explained or noted over the signature of the Bidder. 14. Bidders may submit bids on any one or group of items. Provided however, the unit price(s) must be shown as requested. 15. A particular trade name, manufacturer’s catalog or model number may be referred to in the ITB for descriptive purposes only and only to assist in interpreting the type of materials, supplies, to be used in performing the work. However if a particular trade name, manufacturer’s catalog, or model number is a required element, the Bidder’s
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Bid ITB 054-13/JW
attention is directed to Item 6 above and the Bidder must strictly adhere to that condition. 16. Vendor agrees to comply with any new laws or acts regulating public buying procedure. Hamilton County Purchasing follows the Ohio Revised Code. 17. Concealed weapons, whether with or without a permit, are not allowed in any Hamilton County Building. ORC states that "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises." 18. Employment Opportunities, Bidders who are awarded contracts are required to submit all employment opportunities to SuperJobs. Please log on to http://superjobs.com/. Under the "Employers" menu please select "Fill staffing needs". Provide the information requested in the available fields. If you need further assistance, please contact Chuck Walters - Business Services manager at (513) 946-7242 or
[email protected] 19. The bid tabulation that is entered in the system is a preliminary summary of the bids as they were opened and announced at the bid opening. Bid prices have not been verified and are subject to change in the event mathematical errors are discovered during bid review. Other information contained in this summary is also subject to review. The awarded bid tabulation will be the final version of the bid results. 20. All rebates or other incentives available during the effective dates of the awarded bid shall be available to Hamilton County. If a savings becomes available or if there is a rebate offered during term of the contract, the awarded Bidder must notify Hamilton County of information through
[email protected].
TAXES
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OHIO SALES TAX:
Not applicable to County purchases.
FEDERAL EXCISE TAX:
Not applicable to purchases for essential government functions.
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1.0
Bid ITB 054-13/JW
INTRODUCTION The Hamilton County Board of County Commissioners on behalf of the Sheriff’s Department is accepting electronic or sealed bids for Juris Monitoring. The purpose of this ITB is to select a lowest responsive and responsible Bidder for the specified time periods. The Bidder selected from this ITB process shall provide Juris Monitoring, as defined in Section 4.0, Requirements and Specifications.
1.1
Purchasing Department: The ITB, the evaluation of responses, and the award of any resultant contract shall be made in conformance with current County procurement procedures. The mailing address for the issuing officer for sending a bid, asking questions regarding the bid process, technical issues, or the Scope of Service is: Jill Williams-PSCM- C, Purchasing Agent Hamilton County Purchasing Department 138 East Court Street, Room 507 Cincinnati, Ohio 45202 All questions regarding this bid must be presented in writing and e-mailed or faxed to:
[email protected] (Bid number should be entered in the subject line of the e-mail) or Fax: (513) 946-4335
1.2
Registration Process: Bidders interested in submitting bids must register by faxing or e-mailing the registration form document to:
[email protected] (Bid number should be entered in the subject line of the e-mail) or Faxing to: Jill Williams at (513) 946-4335 Registration helps ensure that bidders receive all addenda and copies of all questions and answers given. If the Bidder attempts any unauthorized communication with individuals associated with this project or ITB, Hamilton County will reject the Bidder’s bid. The definition of individuals associated with this project is further defined as:
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Public Officials
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Hamilton County
Project Managers and their staff assigned to the project
Issuing Officer
Individuals involved with the evaluation process
Any of Hamilton County’s external customers
The requesting department
Bid ITB 054-13/JW
The integrity of the competitive bid process is very important to Hamilton County in the administration of its business affairs, the residents of Hamilton County, and the Bidders and providers that participate in the process in good faith. Behavior by Bidders and providers who violate or attempt to manipulate the competitive bid process in any way are taken very seriously. Examples of unauthorized communication are:
Telephone calls
Letters, e-mails or faxes regarding the project or its evaluation prior to the award made to anyone other than the issuing officer
Visits in person or through a third party attempting to obtain information regarding the ITB
E-mail, except to the Purchasing Department
Communication being e-mailed, mailed or faxed regarding the legal bid process, technical aspects or Scope of Service are to be sent to the Purchasing Department. The address is listed in Section 1.1, Purchasing Department. No questions can be received after November 13, 2013 at 12:00 P.M. EST. The final responses will be e-mailed or faxed on November 18, 2013 at the close of business. Only Bidders who e-mail, fax and register for the ITB will receive copies of all questions and answers. 1.3
Bidder Disclosures: Bidder certifies that Bidder has no final judgments against it that have not been satisfied at the time of award in the total amount of fifty percent (50%) of the bid amount of this project.
1.4
Bidder Examination of the ITB: Bidders shall carefully examine the entire ITB and any addenda thereto, all related materials and data referenced in the ITB or otherwise available, and shall become
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Bid ITB 054-13/JW
fully aware of the nature of the request and the conditions to be encountered in performing the requested services. If the Bidder discovers any ambiguity, conflict, discrepancy, omission or other error in this ITB, it shall immediately notify the Issuing Officer of such error in writing and request clarification or modification of the document. Modifications shall be made by addenda issued pursuant to Section 1.5, Addenda to ITB. Clarification shall be given by e-mail or fax to all parties who registered without divulging the source of the request. All Bidders who plan to submit a bid must register with the Purchasing Department, Section 1.1 of this document. If a Bidder fails to notify Hamilton County prior to November 13, 2013 at 12:00 P.M. EST of an error in the ITB known to the Bidder, or if an error that reasonably should have been known to the Bidder, the Bidder shall submit its bid at the Bidder’s own risk, and if awarded the contract, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction. 1.5
Addenda to ITB: Any addenda to this ITB will be issued by the Hamilton County Issuing Officer by fax or e-mail to all Bidders who have registered using the procedure previously mentioned in Section 1.2, Registration Process of the ITB.
1.6
Availability of Funds: This ITB is conditioned upon the availability of federal, state, or local funds, which are appropriated or allocated for payment of the proposed goods or services. If, during any stage of this ITB process, funds are not allocated and available for the proposed services, the ITB process will be cancelled. Hamilton County will notify the Bidder at the earliest possible time if this occurs. Hamilton County is under no obligation to compensate Bidder for any expenses incurred as a result of the ITB process.
2.0
SUBMISSION OF BID
2.1
Preparation of Bid: Bids must include a straightforward, concise delineation of qualifications, capabilities, and experience to satisfy the requirements of the ITB. Expensive binding, colored displays, promotional materials, graphics etc. are not necessary or desired. Bidders are encouraged to submit their bids electronically or on recycled paper and to use double-sided copying. Emphases must be concentrated on conformance to the ITB instructions, responsiveness to the ITB requirements, completeness, and clarity of content.
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Bid ITB 054-13/JW
Bidders responding to the ITB must complete all forms and attachments. Incomplete submissions by Bidders will be rejected. All bids submitted shall become the property of Hamilton County to use or, at its option, return. All bids and associated documents will be considered to be public information and will be open for inspection to interested parties unless identified as trade secret or otherwise exempted from disclosure under the Ohio Public Records Act. Trade secrets or otherwise exempted information must be clearly identified and marked as such in the bid. Each page containing such material must: 1. Be placed in a sealed envelope 2. Must have the basis for non-disclosure status stamped or written in the upper right hand corner of the page and the envelope; and 3. Be placed in the required order of the response format. For Example, if Pages 1-5 are not trade secrets or otherwise exempted information and Page 6 contains a trade secret, then: The words “Trade Secret” would be stamped in the corner of the page 6 Page 6 would be placed in an envelope; and The envelope that is stamped containing a “Trade Secret” is placed after page 5. DO NOT MARK EVERY PAGE OF YOUR BID AS TRADE SECRET OR OTHERWISE EXEMPTED FROM DISCLOSURE OR YOUR BID MAY BE REJECTED. It will be the Bidders sole responsibility to legally defend the actions of the County for withholding your documents as trade secret or otherwise exempted information if the issue is challenged.
2.2
Bid Cost: The cost of developing bids is entirely the responsibility of the Bidder and shall not be chargeable to Hamilton County under any circumstances. The Bidder must certify that the bid and pricing will remain in effect for the duration specified. All materials submitted in response to the ITB will become the property of Hamilton County and may be returned only at Hamilton County’s option and at the Bidder’s expense.
2.3
False or Misleading Statements: Bids which contain false or misleading statements, or which provide references that do not support an attribute or condition contended by the Bidder, may be rejected. If, in the opinion of Hamilton County, such information was intended to mislead
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Bid ITB 054-13/JW
Hamilton County, in its evaluation of the bid and the attribute, condition, or capability, the bid will be rejected. Bidders who mislead Hamilton County by providing demonstrations with products, features or services that are not included in their bid will have their bid rejected. 2.4
Bidder Representative’s Signature: An individual who is authorized to contractually bind the Bidder shall sign the bid. The signature must indicate the title or position the individual holds with the Bidder. Entities, which sign contracts in the name of the bidder, must provide the name of a corporate officer for signature validation by Hamilton County. Any and all unsigned bids will be rejected.
2.5
Delivery of Bids: Bidders submitting their bids electronically must submit their bid through Bid Sync by 11:00 a.m. EST on November 22, 2013. Bidders who are submitting a paper copy of their bid must mail or deliver one (1) original copy and one (1) electronic copy (CD or Thumb Drive in one printable file) of the entire written bid to the Purchasing Department at the address listed in Section 1.1, Purchasing Department no later than 11:00 A.M. EST on November 22, 2013. Sealed bids must be delivered prior to the time of the bid opening or they will be rejected. All bids must reference ITB #054-13- Juris Monitoring. The cost sheet issued with the bid may not be altered. Upon request, a receipt will be issued for all bids received. Bids received after the deadline will not be considered. No telegraphic, facsimile, or telephone bids will be accepted. If mailed, the Bidder should use certified or registered mail, UPS, DHL, or Federal Express with return receipt requested. It is absolutely essential that Bidders carefully review all elements in their final bids. Once opened, bids cannot be altered; however, Hamilton County reserves the right to request information or respond to inquiries for clarification purposes only.
2.6
Acceptance and Rejection of Bids: Hamilton County reserves the right to:
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Award a contract received on the basis of individual items, or on the entire list of items
Award contract based on amount of initial term or on initial term plus optional renewal year(s)
Award or not award any portion of a contract
Award a contract to multiple Bidders
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2.7
Bid ITB 054-13/JW
Reject any or all bids, or any part thereof
Waive any informality in the bids
Eliminate conditions or terms that are not in the best interest of Hamilton County and its residents
The County makes no representations or guarantees as to any minimum amounts being purchased by the County or if the County will purchase through this ITB.
Evaluation and Award of Contract: Preliminary Bid Review: The review process will be conducted in two (2) stages. Stage 1 will consist of a preliminary review to ensure that the bid materials adhere to the minimum requirements (and mandatory conditions) specified in the ITB and the completion of all the required forms. Bids, which successfully complete the first stage, will be deemed “Qualified.” Those which do not, will be deemed “Non-Qualified.” “NonQualified” bids will be placed in the inactive file. Partial submissions or bids submitted after the designated deadline will be determined to be non-responsive and will be “Non-Qualified.” “Qualified” bids will then be reviewed in Stage 2, in accordance with the review process.
Stage 1 Review “Qualified” bids in response to the ITB must meet the following requirements:
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Timely Submission – the bid is received at the designated time and address as stated on Page 1 of this ITB. Bids mailed but not received at the designated location by the specified date will be deemed “Non-Qualified” and will not be considered.
Completeness of submission – bid submission must include at minimum:
Required number of copies, if submitting in paper format
All sections defined in Section 5.0, Bid Format and Evaluation Process
Bid Bond
All designated attachments
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Bid ITB 054-13/JW
Easily reproduced, single spaced, clearly formatted with type face that is easily read Determination that the bid meets minimum qualifications outlined in this ITB
Samples must be included (if applicable)
Bids which do not meet all of the above first stage review submission requirements will be deemed “Non-Qualified” and will not be reviewed for Stage 2.
Stage 2 Review All qualified bids will be reviewed, evaluated and rated. Comparisons among or between bids that are not appropriate will not occur. At any time during the review, and at any level of the review, Hamilton County may request additional information from the Bidder. Such information requests and Bidder’s responses must always be in writing. Information may be requested from sources other than the written bid to evaluate the Bidder. All information obtained will be used in conjunction with the data from Stages 1 and 2 to make a final selection. The evaluation will include, but will not be limited to:
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Ability to meet the time lines and requirements requested
Overall responsiveness, viability and completeness of the bid as well as the likelihood that, in Hamilton County’s opinion and at Hamilton County’s discretion, the bid best meets or exceeds Hamilton County’s specifications
Bidder references
The criteria for the Stage 1 review
Completeness of all forms
Information in the Executive Summary
Personnel Qualifications
Distinguishing Characteristics
Cost of Proposed Service or Good
Any other facts considered relevant by Hamilton County and demonstrated by the bid or investigation by Hamilton County
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2.8
Bid ITB 054-13/JW
Experience with a similar project of comparable size and scope Experience with a similar project of comparable size and scope for Hamilton County
Samples will be evaluated (if applicable)
Bid Selection: Bid selection does not guarantee a contract will be awarded. The selection process includes: All bids will be evaluated in accordance with Section 2.7, Evaluation and Award of Contract. The bid is rated based on the criteria in the ITB.
3.0
Based upon the results of the evaluation, Hamilton County will select a bidder(s) who it determines to be the lowest responsive and responsible bidder(s).
Hamilton County will work with the bidder(s) who was selected as the lowest responsive and responsible bidder to finalize the details of the contract document. The lowest responsive and responsible determination will be made based on the initial years pricing and all available options to renew. If a Bidder does not bid all of the renewal options, the County will not consider the bid.
If the County and the bidder are able to successfully finalize the contract document details, the Purchasing Department will recommend the bidder(s) to the Hamilton County Administrator for a contract award. The Hamilton County Administrator may make a recommendation to the Board of County Commissioners for the final award of a contract.
If Hamilton County determines that the County and the bidder are unable to successfully come to terms regarding the contract, Hamilton County reserves the right to terminate contract discussions with the bidder(s). The Purchasing Department will not recommend the bidder(s) to the Hamilton County Administrator. In this event, Hamilton County reserves the right to select another bidder(s) from the bid process, cancel the ITB, or reissue the ITB if this is deemed necessary.
TERMS AND CONDITIONS: The contents of the ITB and the commitments set forth in the selected bids shall be considered contractual obligations, if a contract ensues. Failure to accept these obligations may result in cancellation of the award. All legally required terms and conditions shall be incorporated into final contract documents with the selected Bidder. The final contract will also contain additional provisions other than those that are set forth in this Section 3.0.
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3.1
Bid ITB 054-13/JW
Type of Contract: The evaluation of bids submitted in response to this ITB may result in the issuance of a contract. The contract shall incorporate the terms, conditions, and requirements of the ITB, the Bidder’s bid, and all other agreements that may be reached. If the Bidder proposes a different type of approach, it must describe the contractual protection offered to ensure successful completion of the project. If the Bidder proposes a multi-Bidder or sub-contract approach, clearly describe the responsibilities of each party and the assurances of the performance the Bidder offers. The successful Bidder’s bid, this ITB, and other applicable addenda will become part of the final contract and will merge into the contract.
3.2
Contract Period, Funding and Invoicing: The contract will be written for a period of one (1) year with four (4) optional renewal periods. Contract reimbursement is based on successful completion and approval of all equipment and services over the period of the contract. The Bidder can claim payment only for services already provided. Payment by Hamilton County is made within thirty (30) days after verification and acceptance of invoices presented by the Bidder and any required documentation.
3.3
Patent or Copyright Liabilities: The Bidder will protect, defend, and hold free and harmless Hamilton County, its officers, employees, agents and Board of County Commissioners against all claims that any of the designs supplied hereunder infringes a U.S. patent or copyright. The Bidder will pay all resulting costs, damages, and attorney’s fees to defend Hamilton County against such claims. Hamilton County will promptly notify the Bidder in writing of all claims, and the Bidder will have control of the defense and all related settlement negotiations. If such claim has occurred, or is likely to occur, Hamilton County agrees to permit the Bidder, at Bidder’s option and expense, either to procure for Hamilton County the right to continue using the designs or programming or to replace or modify the same so that they become non-infringing but still meet the requirements of the ITB.
3.4
Confidentiality and Security: Any Bidder or contractor engaging in any service for Hamilton County requiring them to come into contact with confidential Hamilton County information will be required to hold confidential such data made available to them.
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3.5
Bid ITB 054-13/JW
Hamilton County Employees: Selected Bidder warrants that, for the duration of the contract and all amendments or renewals with Hamilton County for this project, Bidder will not solicit Hamilton County employees to work for Bidder.
3.6
Insurance Requirements: GENERAL CONDITIONS Bidder’s Insurance Provisions During the Agreement and for such additional time as may be required, Bidder shall provide, pay for, and maintain in full force and effect the insurance outlined herein for coverage at not less than the prescribed minimum limits covering Bidder’s activities, those activities of any and all subcontractors or those activities anyone directly or indirectly employed by Bidder or subcontractor or by anyone for whose acts any of them may be liable. Certificates of Insurance Before starting work, Bidder shall give the County a certificate of insurance completed by Bidder’s duly authorized insurance representative certifying that at least the minimum coverage required herein is in effect; specifying the form that the liability coverage’s are written on; and, confirming liability coverage’s shall not be cancelled, non-renewed, or materially changed by endorsement or through issuance of other policy(ies) of issuance without thirty (30) days advance written notice to: Hamilton County Risk Manager Room 707 138 East Court Street Cincinnati, OH 45202 Facsimile: 513-946-4720 Each policy required by this clause, except worker’s compensation and professional liability, shall endorse “the Board of County Commissioners of Hamilton County, Ohio and its officials, employees, agents, and volunteers” as an additional insured. The additional insured endorsement shall be on an ACORD or ISO form. The Bidder shall furnish the Hamilton County Risk Manager and the Purchasing Department with a Certificate of Insurance describing the insurance specified under the agreement. The certificate shall be provided on an ACORD 25 form or equivalent. The Bidder shall furnish the Hamilton County Risk Manager and the Purchasing Department with a copy of the Worker’s Compensation Insurance Certificate if it is not described in the ACORD 25 insurance certificate. Failure of the County to demand such certificate or other evidence of full compliance with these insurance requirements or failure of County to identify a deficiency from evidence provided shall not be construed as a waiver of Bidder’s obligation to maintain such insurance.
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Bid ITB 054-13/JW
The acceptance of delivery by County of any certificate of insurance evidencing that the required coverage and limits does not constitute approval or agreement by the County that the insurance requirements have been met or that the insurance policies shown in the certificates of insurance are in compliance with the requirements. The County shall have the right, but not the obligation, of prohibiting the Bidder or its subcontractor(s) from conducting business with the County until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and approved by the County. If Bidder fails to maintain the insurance as set forth herein, the County shall have the right, but not the obligation, to purchase said insurance at Bidder’s expense. Alternatively, the Bidder’s failure to maintain the required insurance may result in termination of this Agreement at County’s option. If any of the coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with Bidder’s final invoice. All certificates of insurance shall reference the project/contract number for which the insurance is being provided. Insurer Qualifications To the extent feasible, all insurance shall be provided through companies admitted to do business in the State of Ohio. Insurance policies provided by companies not admitted to do business in the State of Ohio shall be reviewed by the Hamilton County Risk Manager. Each company shall minimally have an A.M. Best rating of A-: VII. In addition, certified copies of all insurance policies or amendatory endorsements required shall be provided to the County within ten (10) days of Bidder’s written request for those copies. Insurance Primary All coverage required of Bidder shall be primary over any insurance or self funded program carried by the County. Any insurance or self insurance maintained by the County shall be excess of the Bidder’s insurance and shall not contribute to it. No Reduction or Limit of Obligation By requiring insurance, the County does not represent that coverage and limits shall necessarily be adequate to protect Bidder. Insurance effected or procured by Bidder shall not reduce or limit Bidder’s contractual obligation to indemnify and defend County for claims or suits which result from or are connected with the performance of this Agreement. Additional Insured To the extent commercially available , the policy or policies providing insurance as required, with the exception of professional liability (if applicable) and workers’
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compensation, shall defend and include the Board of County Commissioners, Hamilton County, Ohio and its officials, officers, employees, agents, and volunteers as additional insureds on a primary basis for work performed under or incidental to this Agreement. The form of the Additional Insured endorsement shall be the most recent edition of Insurance Services Office CG 20 10 (Form B) or its equivalent. If any of the Additional Insureds have other insurance applicable to the loss, it shall be on an excess or contingent basis. The amount of Bidder’s insurance shall not be reduced by the existence of such other insurance. Severability of Interests Bidder shall require all insurance policies in any way related to the goods or services provided under this Agreement and secured and maintained by Bidder to include a severability provision or an endorsement waiving “cross claim exclusion between insureds” verbiage contained therein. Bidder shall require of subcontractors, by appropriate written agreements, similar waivers are included in subcontractor’s insurance policies. Duration of Coverage All required coverage shall be maintained without interruption during the entire term of this Agreement. The products and completed operations coverage under the Commercial General Liability policy shall maintain coverage for the entire term of this Agreement, plus an additional two (2) years, following final acceptance of the product(s) or the service(s) by the County. Continuous Operation Bidder’s general liability insurance policy must be endorsed to reflect the fact that County and any tenants shall continue to operate business activities of Bidder and that no property used in connection with County and tenants’ activities shall be considered by Bidder’s insurance company as being in the care, custody, or control of Bidder. Retroactive Date and Extended Reporting Period If any insurance required herein is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage shall be no later than the commencement date of the project. Further the policy shall state that in the event of cancellation or non-renewal, claim discovery period or “tail coverage” shall be 1 year beyond the cancellation date. Subcontractor’s Insurance Bidder shall cause each subcontractor contracted by Bidder, under this agreement to purchase and maintain insurance of the types specified below. When requested by the County, the Bidder shall furnish copies of certificates of insurance evidencing coverage for each subcontractor.
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Joint Ventures If Bidder is a joint venture involving two (2) or more entities, then each independent entity shall satisfy the limits and coverage specified here or the joint venture shall be the Named Insured under each policy specified. Waiver of Subrogation Bidder shall require all insurance policies in any way related to the work and secured and maintained by Bidder to include clauses stating each underwriter shall waive all rights of recovery, under subrogation or otherwise, against the County. Bidder shall require of subcontractors, by appropriate written agreements, similar waivers each in favor of all parties enumerated in this section. Cooperation Bidder and County agree to fully cooperate, participate, and comply with all reasonable requirements and recommendations of the insurers and insurance brokers issuing or arranging for issuance of the policies required here, in all areas of safety, insurance program administration, claim reporting and investigating, and audit procedures. Adjustment of Losses Any County’s first party loss insured under the policies required herein shall be adjusted by Bidder and County, as their interest may appear, and made payable to County as trustee for the insured’s as their interest may appear, subject to the requirements of any applicable mortgagee clause. The County, as trustee, shall have the power to adjust and settle any loss with the insurers unless one of the parties in interest objects in writing within five (5) days after the loss to County’s exercise of this power. If such objection is made, an arbitrator mutually acceptable to the parties in interest and the County shall be chosen promptly. The County, as trustee, shall in such case make settlement with the insurers in accordance with the directions of such arbitrator. If distribution of the insurance proceeds by arbitration is required, the arbitrators shall direct such distribution. Replenishments of Limits At Bidder’s expense, all limits must be maintained at all times due to claims on this project or any other project. Failure to do so may result in cancellation of this Agreement at the County’s sole discretion. If Bidder fails to renew, replace or replenish the coverage required, County may do on Bidder’s behalf and deduct the cost from Bidder’s payments. Insurance Limits and Coverage To the extent applicable, the amounts and types of insurance shall conform to the minimum terms, conditions, and coverage of Insurance Service Office (ISO) policies, forms, and endorsements. If Bidder has any self-insured retentions or deductible under any of the following minimum required coverage, Bidder must identify on the certificate of insurance the nature and amount of such self-insured retentions or deductible and provide
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satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductible shall be Bidder’s sole responsibility. Commercial General Liability Bidder shall maintain commercial general liability insurance covering all operations by or on behalf of Bidder on an occurrence basis against claims for personal injury (including bodily injury and death) and property damage (including loss of use). Such insurance shall have these minimum limits and coverage: Minimum Limits:
$1,000,000 each occurrence $1,000,000 general aggregate $2,000,000 products and completed operations aggregate $100,000 fire liability
Coverage:
Equivalent to most recent ISO commercial general liability form ISO CG 00 01 Products and completed operations coverage maintained for at least two (2) years Blanket contractual liability Broad form property damage Severability of interest Personal injury Waiver of subrogation Joint venture as named insured (as applicable) Additional insured endorsement
Automobile Liability Bidder shall maintain business auto liability covering liability insurance arising out of any auto (including owned, hired, and non owned autos) assigned to or used in performance of the work contemplated under this Contract. The policy shall be at least as broad as the current version of the ISO CA 00 01 form. Minimum Limits: $1,000,000 combined single limit each accident Coverage: Additional insured endorsement Specific waiver of subrogation Contractual liability Worker’s Compensation Bidder shall maintain workers’ compensation and employer’s liability insurance.
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Bid ITB 054-13/JW
Minimum Limits:
Worker’s compensation-statutory limit meeting the requirements under the laws of Ohio
Employer’s liability $1,000,000 bodily injury for each accident $1,000,000 bodily injury by disease for each employee $1,000,000 bodily injury disease aggregate Umbrella/Excess Liability Bidder shall maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described in Commercial General Liability insurance, and Business Automobile Liability insurance, which is at least as broad as each and every one of the underlying policies. The amounts of insurance required in this section General Liability, Business Auto Liability and Umbrella/Excess Liability may be satisfied by Bidder purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified in General Liability, Business Auto Liability and Umbrella/Excess Liability when added together.
Minimum Limits:
$3,000,000 combined single limit and aggregate limit. Coverage:
Additional insured endorsement Pay on behalf of wording Concurrency of effective dates with primary Blanket contractual liability Punitive damages coverage (where not prohibited by law) Aggregates: apply where applicable in primary Care, custody, and control-follow form primary Drop down feature Specific waiver of subrogation
Self Insured Retention $10,000
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3.7
Bid ITB 054-13/JW
DEBARMENT AND SUSPENSION Provider will, upon notification by any federal, state, or local government agency, immediately notify Hamilton County of any debarment or suspension of Provider being imposed or contemplated by the federal, state or local government agency. Provider will immediately notify Hamilton County if it is currently under debarment or suspension by any federal, state, or local government agency.
4.0
REQUIREMENTS AND SPECIFICATIONS The intent of this ITB is to secure pricing for one (1) year with four (4) optional renewal periods. Bidders must submit bids for the specified term and all options. If for some reason you believe you can offer the County a better price by submitting pricing for a term other than what was specified you must fax or e-mail a question to the issuing agent asking that we modify the term of the bid. This does not mean that your request will be granted to amend the bid document. Hamilton County will carefully consider all requests and will have the right to reject any request it considers to not be in its best interest. Bidders wishing to submit bids are encouraged to utilize the question and answer period available during the bid process to make certain that the County receives the best possible pricing. Bidders who submit bids with pricing in a manner other than what was established for the bid will be disqualified. Example: If Hamilton County asks for pricing for one (1) year with four (4) options to renew and you propose a one year contract your bid will be disqualified.
I. Introduction The Judges within the Hamilton County, Ohio court system have the option of ordering pre-trial detainees and certain convicted defendants to be released pursuant to electronic monitoring conditions. Judges may also order that the subjects of protection orders be monitored as part of a system which provides an alarm capability to potential victims of abuse. The Hamilton County Board of County Commissioners on behalf of the Hamilton County Sheriff’s Office (HCSO) is accepting sealed bids for an electronic monitoring system designed to ensure effective and efficient monitoring of those individuals ordered by the Hamilton County courts to comply with such a system as a term of release or condition pursuant to a protective order.
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Bid ITB 054-13/JW
As a basic requirement, the system must have the capability to monitor a subject to confirm his/her adherence to a pre-determined schedule of conduct for pre- and post-trial subjects. With reference to restraining order subjects, the system must allow for the establishment of exclusion zones surrounding potential victim's residences (or elsewhere), to warn that victim in the event of a breach of the exclusion zone and to summon assistance in the event of a breach. The HCSO currently utilizes the BI ET1 GPS system. Vendors responding to this ITB must propose the use of equipment which functions similarly in all respects. Responses to this Invitation to Bid must provide newly-manufactured equipment through lease, sale or rent. Responding vendors offering used equipment will not be considered. Vendors are to provide 50 newly-manufactured complete GPS units (the Base Inventory.)
II. Offender Monitoring Equipment/Service Specifications: The system provided by the Vendor must be a active GPS tracking system. A. Transmitter 1. The transmitter shall be attached to the offender by a band of material manufactured so that efforts to tamper with or remove the band are obvious upon visual inspection. The transmitter shall emit a signal to the monitoring system to indicate that the transmitter or strap has been tampered with or removed from the participant. 2. The transmitter shall be shock resistant, water- and moisture-proof, function reliably under normal atmospheric and environmental conditions, and shall not pose a safety hazard or unduly restrict the activities of the participant. 3. The signal range of the transmitter shall be at least 8 0 feet but not greater than 350 feet under normal household conditions. 4. The signal of the transmitter shall be specific to the receivers assigned to a specific offender and/or victim. 5. The transmitter shall be battery-powered. The battery shall power the transmitter for at least eight (8) months without need for replacement, and emit a signal indicating low battery power. 6. The transmitter shall emit a signal to the monitoring system at least once every minute. 7. The transmitter shall be designed to discourage tracing and duplication of the
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signal. 8. The transmitter shall be designed to detect attempts to shield the signal. 9. FCC certification is required for the transmitter. The Vendor shall provide as part of the proposal a copy of the FCC certification for the transmitter. 10. The Vendor shall provide a battery shut-off device to disengage the battery when the transmitter is not in use. 11: The transmitter must also be capable of active GPS tracking as described in section III B. Receiver/Beacon I. The receiver unit must be capable of being easily installed in the residence by the offender to whom it is assigned. 2. The receiver must continuously transmit appropriate signals via a regular or cellular telephone line in the offender's home to a central monitoring computer meeting the specifications listed in Part Ill, Section A, #6. 3. The receiver shall attach to the offender's telephone and telephone outlet using a standard RJ11-C modular telephone connector, or communicate via cellular technology. 4. A tamper alert must be reported if the offender makes an attempt to turn off or alter the receiver. 5. The receiver shall accept signals from only a specific, corresponding transmitter as set forth in Section II A. 6. The receiver must be capable of transmitting, minimally, the following types of reports: client in/out, AC power on/off, movement of receiver, tampering with receiver, transmitter/band tampers, and transmitter battery low indicators. 7. The receiver shall be powered by 110 volt AC line current, with battery backup. or the unit may also be powered by DC battery current if the battery powering the receiver provides a minimum of 180 days of continuous power. 8. The receiver shall include an internal clock and a memory to store data if communication with the central monitoring center (CMC described in Section V of this ITB) is disrupted. The memory shall have the ability to store a minimum of twenty-one (21) individual events as described in Part II, Section B, #6.
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9. If communication with the central monitoring center is disrupted, the receiver shall transmit its stored data to the central monitoring center as soon as communication is restored. 10. The receiver shall receive the signal from the specific corresponding transmitter within the specified range of 8 0 -200 feet. II. The receiver shall not pose a safety hazard to the participant or others and shall function reliably under normal environmental and atmospheric conditions prevailing in Hamilton County, State of Ohio. 12. The receiver shall include surge protectors from incoming power and telephone lines. III. GPS Tracking Device A. Tracking Unit 1. The PTU shall be no larger then 6" x 3" x 1.75", and lightweight, no more then 13 ounces, and capable of being attached to the offender’s ankle or belt. 2. The PTU shall be water-and shock-resistant. 3. The PTU shall be tamper-resistant. 4. The PTU shall have a battery life of 20 hour’s minimum before recharge, have on-demand offender-locator capability and have a motion sensor. 5. The tracking unit must have the ability to receive pre-defined or custom Text or audio messages. 6. The tracking unit must be capable of acquiring, storing and sending position information a minimum of once every minute. The unit must provide an officer immediate notification via text message when an offender commits violations. The unit must then provide the offenders position at a minimum of every 20 seconds when the offender is in an restricted or exclusion zone. 7. two piece tracking units must have an electronic tether to the offender's ankle transmitter ensuring that the two do not separate more then 25 feet. If the tracking unit and the transmitter do become separated by more then 25 feet the tracking unit must emit a separation alarm.
IV. Global Position System Software Requirements 1. The system must be a web-based case management system with user- friendly technology and availability of Vendor technical assistance ensuring HCSO understanding and ability to use. The offender information will be stored in a central, secured monitoring system and will be available to officers by any computer with
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Internet Explorer 8 or higher. 2. The system must provide the officer the ability to program an unlimited number of exclusion and inclusion zones. The monitoring system provided to the HCSO must allow an officer to easily track offender compliance using the most up-to-date GPS technology. 3. The system must use the most-up-to date industry-leading mapping technologies to provide visual maps for creating inclusion and exclusion zones, and to monitor the movement of the offender. 4. The system must allow the officer to communicate directly with an offender. 5. The system must operate in a Radio Frequency (RF) application while in the offender's residence. V. Certification Notification All bidders must be aware that the State of Ohio has established requirements for certification of electronic monitoring equipment. In order to be considered by the Court, bids must propose equipment for which certification has been obtained through the Ohio Bureau of Criminal Identification and Investigation. Each bid must contain proof that compliance with specifications set forth on the Ohio Revised Code, Section 2929.01 and Administrative Rule 109:5-1-02 has been established by the above agency. VI. Central Communication Center 1. The Central Communication Center (CCC) shall be capable of continuously receiving the transmissions, by telephone line, from the offender's receiver, and accepting signals from transmitters of the types described in Sections II. The CCC shall be capable of continuously receiving the transmissions by cellular technology from the PTU. 2. The central computer system shall receive, store, and disseminate data generated by the monitoring equipment specified in this ITB. 3. The CCC shall have an alert mechanism to notify the monitoring personnel of events defined in Sections II B6, and III A6. 4. The CCC shall monitor continuously, 24 hours per day, 7 days a week, all persons that are issued a transmitter, tracking device and receiver. 5. The Vendor must demonstrate a level of system redundancy for the CCC that lowers the chance of a total system failure.
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6. The CCC shall store relevant information about each participant, including, but not limited to, name, address, phone number, charge, supervising officer's name, comments, and an approved schedule of at least two arrivals and departures for each day of the week. 7. Within 60 seconds of an exclusion violation received at the CCC, the Vendor's monitoring center staff shall notify the proper local police authority to respond to the victim’s residence. Within 60 seconds of completing the notification to law enforcement, the Vendor's monitoring staff shall notify the victim and then notify the designated HCSO EMD's personnel within 60 seconds of completing the victim notification. Telephone numbers for the proper local police authority, the victim, and the cellular phone number of the HCSO EMD personnel, shall be provided to the Vendor. The means of transmittal of the telephone information to facilitate the required notifications will be established between the Vendor and the HCSO EMD personnel. 8. The CCC shall text the HCSO personnel when the offender's receiver indicates a curfew violation in excess of 10 minutes. Any signal indicating a tamper, power loss, or telephone disconnection shall be referred to designated HCSO personnel by a text message issued within 90 seconds of receiving the alert message from the offender's monitoring equipment. 9. The Vendor shall supply the HCSO with a copy of its Policy and Procedure Manual for operation of the CCC for restraining/protective order monitoring, and keep the HCSO personnel current with any changes. Please provide this with your proposal. 10. The Vendor shall adopt a security code provided by the HCSO to guarantee the security of data modification requests. 11. The CCC must be in a secure location and provide information in a confidential manner. 12. The CCC must provide trained and certified personnel twenty-four (24) hours a day, 365 days a year. The personnel must be trained in the use of the equipment and providing instructions to our staff. Vendor must submit staff certifications with their proposals. 13. The Vendor's CCC must provide hard-copy, evidentiary-quality, incident reports. Please provide a sample of this report with your proposal. VII. Monitoring System: Telephone Service 1. Participants in the program are responsible for maintaining telephone services at their residences, including installation and maintenance of a telephone line with a RJ11-C connection. The Vendor shall provide whatever additional telephone service(s) may be necessary for the offenders' receivers to communicate with the
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Central Monitoring Center. Costs for establishment and maintenance of these telephone services shall be included in the per diem per-unit price quoted by the Vendor in response to this ITB, and shall not result in individual fees or tolls to either the County, HCSO, an offender, or victim. Defined as any technological, mechanical or hardware adaptation that is designed in and for the facilitation of the electronic monitoring of offenders with the Central Monitoring Center via a telephonic process.
VIII. Software Requirements: Software for the CCC shall be capable of processing data from home monitoring units as previously described, and produce reports of this information and other data including but not limited to: Client Activity Report- A compilation of individual client status and wristlet tampers. Daily Problem Report- Software shall include the capability of reporting equipment malfunction. Billing Reports- For billing accuracy with the equipment manufacturer, software will be able to produce, by month, a report stating the total days clients were monitored in that month. Annual Reports -Accumulation of monthly reports. Statistical Reports- For use in tracking data regarding office or field contacts, equipment malfunction statistics, number of clients monitored, and number of clients on the program per day. Active Client Lists - A client master file providing access to information regarding name, address, phone numbers, case numbers, offense, judge, age, sex, race, needed for demographic reports. History Reports - An abstract of all equipment used by the program, the clients that were issued the equipment and the history of their activities. Training The Vendor shall provide such training sessions as necessary for the HCSO personnel to competently install the equipment, provide operating instructions to the offender, provide operating instructions to the victim, and correct problems with the monitoring equipment. Monitoring equipment problems which may be addressed by Sheriffs personnel shall be specified by the Vendor. This training shall take place in a location determined by the HCSO personnel. The training shall include written instructions concerning use of the system, instruction to the victim, and equipment, which shall be kept by the HCSO, and maintained up-to-date by the Vendor. The
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Vendor shall supply training as may be needed on new procedures, new equipment, software, upgrades, or other changes which affect operation of the monitoring equipment or support services. All costs attendant to any training presented by the Vendor shall be paid by the Vendor. IX. Tools The Vendor shall provide all necessary tools to install, adjust, remove, maintain, and repair the receiver, tracking device, and transmitter. All tools are to be provided in a set that permits easy transport and access to the tools. The Vendor shall provide any additional sets as needed to maintain performance. X. Tablet Computers 1. HCSO employees monitor clients through remote tablet computers. The vendor must provide six (6) new t a b l e t computers with data collections, at no additional cost to County, the tablet computers will be selected by HCSO staff but provided by the vendor and must be capable of operating on both AC and DC power adaptable to the power system of an automobile. These t a b l e t computers shall include a docking station that would allow the tablet to connect to the HCSO network. 2. These t a b l e t s must include a keyboard and case. M aintenance to t h e t a bl e t wo r kst a t i o n hardware and software will be provided to County at no additional cost. Upgrades shall be furnished by the vendor at no additional cost to County as they first become available. 3. The vendor shall supply any data connection, hardware, or software necessary to make HCSO tablets capable of showing real time status of any client being monitored by the host monitoring computer at no additional cost to the county. The t a b l e t s must be able to display and to print all reports and alert messages specified in this Invitation to Bid. The tablets are to be capable of enabling HCSO personnel to print out the individual status of any case at any time. These tablets should also be capable of monitoring and data entry on the vendor's host system in the event the vendor assumes monitoring responsibility as described. 4. All costs incumbent with provision of the hardware, software, data and support services connecting HCSO's t a b l e t s to the vendor's host monitoring computer shall be paid by the vendor. 5. The vendor shall establish a service contract so that any disruption of the network is cured within 24 hours of its being reported to the service provider. In addition to local service support, the vendor shall have staff available for technical support on a 24hour a day, seven-day a week, 365 days a year basis. Access to the vendor's technical support shall be through a toll free telephone exchange.
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XI. Cellular Telephones 1. The vendor shall provide HCSO six (6) full functional “smart” cellular phones (digital) telephones and maintain them in good working order during the entire term of the contract. T he cell phones will be selected by HCSO staff but provided by the vendor, each cellular telephone shall have not less than 500 airtime minutes a month. The contract must also include data and unlimited text messaging for all the cellular phones, and free mobile-to-mobile calling. Assignment of the phones shall be made by HCSO. 2. The vendor shall supply to HCSO any device necessary for sending and receiving messages over the system. The cellular devices shall have voice mail capability, and return text function. Lost, stolen, malfunctioning, or damaged cellular devices shall be replaced by the vendor with equipment of equal or higher capability at no additional cost to the county. All costs related to these phones are the responsibility of the vendor these phones are the responsibility of the vendor. XIII.
Inventory and Upgrades
The Equipment delivered under the contract resulting from this ITB must be of new manufacture. If the equipment should go out of manufacture during the term of the contract, the Vendor shall be capable of providing new equipment of equal or greater technological value and capabilities that is in current manufacture, and all required support services for the remaining term of the lease. The Vendor shall absorb the cost of making any upgrades in the event discontinued equipment needs to be replaced with equipment of new manufacture. Should Vendor place into regular service an upgrade of the Equipment, a component of the Equipment, or service of the Equipment or its components, supplied to Lessee under the terms of this Agreement, Vendor shall supply Lessee the upgraded equipment or service. Provision of the upgraded equipment, components, or service shall not result in an increase in the per unit per diem price for the equipment, its components, or its service as established in the relevant Equipment Schedule between HCSO and Vendor for the life of this Agreement. XIV. Substituted Products During the term of this Agreement, the parties shall mutually agree on the right to discontinue the providing of previously agreed upon products with newer products that contain function's equivalent to or greater than the functionalist's contained in the replaced product. Vendor will provide such replacement product at the same per diem or per unit price as stated in the Equipment Schedule Attachment. All replacement products are subject to warranties stated in this agreement. 1. The Vendor shall issue the HCSO 5 (five) additional complete GPS sets of spare
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monitoring equipment. These units would be utilized for only the time necessary, and then returned to the spare inventory. Hamilton County will pay the per diem lease cost for these units only during the time they are muse. 2. The HCSO shall reserve in its contract with the Vendor an ability to reduce the size of its inventory of electronic monitoring equipment due to a reduced budget without penalty to the HCSO or Hamilton County Ohio. 3. The contract with the Vendor shall contain language permitting termination of the contract without any penalty to the HCSO or Hamilton County Board of Commissioners upon 60 days notice. XV. Replacement of Lost, Damaged, Malfunctioning Equipment 1. Hamilton County shall not be responsible to reimburse the Vendor for lost, stolen, or damaged equipment. 2. In the event of equipment loss or damaged the HCSO shall make every reasonable effort to recover any piece of equipment. Upon receiving a report that a piece of equipment is lost or damaged, the Vendor shall replace that piece of equipment at no cost. The Vendor has the option of charging the offender with criminal damaging or theft, criminal offenses under the Ohio Revised Code. In event of a conviction, the Court may order the offender to make restitution for the cost of the lost equipment. Under such circumstances, the Vendor may seek restitution with the assistance of the Hamilton County Prosecutors Office. 3. Employees of the HCSO shall attempt to remedy malfunctioning equipment using practices and methods specified by the Vendor/manufacturer. "Malfunction" is interpreted by this ITB to mean equipment which stops providing the service for which it is intended. Should application of specified remedial measures not return the equipment to normal function, or the equipment continues to malfunction 2 attempts at remedial measures, the HCSO shall return the equipment to the Vendor. The Vendor shall replace the malfunctioning equipment with a properly functioning unit. The Vendor shall have the replacement unit to the HCSO within 48 hours of notice of intent to return the malfunctioning unit. The HCSO will not accept any billing for repair or replacement of malfunctioning equipment. 4. The Vendor shall pay all shipping costs for the return and replacement of lost, damaged, or malfunctioning equipment. Procedures for returning lost, damaged, or malfunctioning equipment shall be established within the contract established between the Vendor and the HCSO. 5. Lost, damaged, or malfunctioning equipment shall be replaced by the Vendor within 48 clock hours of the HCSO's providing notice of the equipment's status.
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XVI. Spare Parts 1. Batteries, straps, latches, screws, and all other consumable supplies necessary to install and or maintain the transmitter, base station or PTU shall be provided by the vendor during the entire term of the contract. The average length of stay for a client on the PROTECTIVE ORDER MONITORING PROGRAM is 80 days. This figure may be used in computing the volume of consumable supplies required to fulfill the contract. The Vendor is responsible the cost ofthe batteries and consumable supplies. The Vendor is to include the cost of such batteries and consumable supplies into its determination of the per unit diem cost for the term of the contract. 2. Stock(s) of consumable supplies shall be delivered to the HCSO within 48 hours of the Vendor receiving an order. All shipping costs for the delivery of consumable supplies shall be paid by the Vendor. XVII. Equipment Delivery and Return 1. The Vendor shall be responsible for all shipping costs for the delivery of equipment to the HCSO, and for the return of equipment to the Vendor from the HCSO. 2. The Vendor shall be capable of delivering to the HCSO, replacement equipment within 48 hours from the time HCSO placed the order. 3. The terms of the contract between the Vendor and County shall specify the method for ordering additional equipment, its shipment to the HCSO, and its return to the Vendor. 4. The Vendor shall be responsible for all shipping costs pertaining to the delivery and return of additional equipment. XVIII. Upgrades Should the Vendor place into regular service any upgrade of any system, the component of any system, or service of any system or its components, supplied to HCSO under the terms of the contract resulting from this Invitation to Bid, the Vendor shall supply HCSO the upgraded equipment or service. Provision of the upgraded system, components, or service shall not result in an increase in the per unit diem price for that system, component, or service as established in the contract between the County and the Vendor. XIV. Customer Support The Vendor shall provide technical support to assist the HCSO personnel in diagnosing and correcting problems with the monitoring equipment. This technical support shall be available twenty-four (24) hours per day, 7 days a week for the
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Bid ITB 054-13/JW
entire term of the contract. The bid response shall set forth the procedures necessary to contact and acquire the customer/technical support. XX. Ethical Standards 5. The Vendor, sub-vendor and their employees shall avoid compromising relationships with participants and the HCSO staff, and report any improprieties or the appearance thereof immediately to HCSO personnel. 6. The Vendor shall require that staff providing services under this contract meet sufficient standards of integrity to ensure that: a. The confidentiality of participant records is not compromised. b. Unauthorized access to the system is not allowed and no information is disclosed to any third party without written authorization of the Hamilton County c. Data generated by the monitoring system is not altered. d. Vendor and/or Sub-vendor and their employees are required upon request from the HCSO to submit to a criminal background check. XXI . Vendor Court Appearances 1. The Vendor shall notify the HCSO personnel immediately upon receipt of any legal process involving the equipment, records, procedures, contract, or employees of the Hamilton County Program. 2.The Vendor, his representative, or specified employee shall, on request or in response to a subpoena, appear and testify in any legal proceedings convened by the Court. Attendance for testimony shall be at the expense of the Vendor. XXII . Vendor Staff Restrictions 1. The Vendor shall provide the HCSO the names of all current (Vendor) employees assigned to work on this contract. 2.The Vendor shall ensure that no employee is currently on probation, parole, or supervised release (federal, state or local). 3.The Vendor shall provide the names of all current employees of the company who have been convicted of any felony and/or misdemeanor within the last ten years, including: the court jurisdiction, the case number in that Court, and a release of information signed by the Vendor's employee permitting Hamilton County research the cause and disposition of that case(s). HCSO may look at them on an annual basis. 4.The Vendor shall provide the same information requested above for any employee hired during the life of the contract.
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XX I I I. Disclosure of Information 1. Any personal or monitoring information for any participant made available shall be used only for the purpose of carrying out the provisions of the contract, and shall not be divulged not made known in any manner to any person except as may be necessary in the performance of the contract. 2. In performance of the contract, the Vendor shall guarantee responsibility for protection of the confidentiality of HCSO records. Each officer or employee of the Vendor to whom information may be disclosed shall be notified in writing by the Vendor that information disclosed to such officer or employee can be used only for a purpose and to extent authorized. a. The Vendor shall maintain for inspection and examination by the Court or the HCSO all records associated with the contract for the contract life. All records pertinent to the contract shall be maintained for inspection for a period of three (3) years following completion of the contract. XXIV. Vendor's Performance 1. The HCSO, or its authorized representative, has the right at all reasonable times to inspect, monitor or evaluate the work the Vendor has performed or is performing under the contract. 2 . The HCSO may conduct on site reviews, at reasonable times, without prior notice to the Vendor, of the Vendor's performance including a review of all facilities and financial records pertaining to the Vendor's performance. 3 . If the HCSO conducts an onsite review, the Vendor shall reimburse all costs and provide assistance for the safety and convenience of the HCSO or its authorized representatives in the performance of their duties. Such visits shall not be by more that three (3) HCSO employees and shall not occur more than once per quarter. XXII . Contract Specifications 1. A Vendor's response to this Invitation to Bid will become the basis of a contract negotiated between the Vendor and the County governing the lease of equipment, and provision of services. The contract shall be annual, renewable without bid for four (4) one-year terms for a total potential contract term of five (5) years. If the cost of the contract shall change from year to year, the bid response shall set forth the cost schedule. All monitoring devices, computer hardware, or software proposed in response to this Invitation to Bid shall be leased by the County and remain the property of the Vendor for the term of the lease. 2.The County shall include in the contract a termination clause allowing the county to terminate the contract without cause upon 90 days written notice to the other party.
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3. Cost will be expressed as a per diem per unit figure, a cost for each year of the contract. 4. Billing will be for equipment and services delivered. Billing will begin on initiation of the County using any of the technology. Billing will be based on the per-unit per diem price(s) of the equipment and service in the base inventory in use by the County. Billings shall include for each day of use equipment and service ordered above the base inventory. 5. The County will remit on the bill monthly upon invoice from the Vendor. Invoices shall be directed to the Hamilton County Sheriff’s Office. As part of its invoice, the Vendor shall provide a detailed list of the equipment and type of service being billed for.
5.0
BID FORMAT AND EVALUATION PROCESS To expedite and simplify the process for evaluating bids, and to assure each bid receives the same orderly review, it is required that all paper bids be submitted in the format as described in this section. Bids must contain all the elements of information specified without exception. When submitting an electronic bid, scan and upload the required forms. If submitting a paper bid, bid sections must be numbered corresponding to the following format: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7
5.1
Cover Sheet/Bid Bond Cost Sheet/Line Items Executive Summary Required Forms Bidder References Personnel Qualifications Distinguishing Characteristics
Section 1 – Cover Sheet/Bid Bond: State the bid number, name and date. See page 2 of this document.
5.2
Section 2 – Cost Sheet/Line Items: For electronic bids- do not submit a cost sheet. Fill out the line items electronically through Bid Sync. If submitting a paper bid, the cost sheet must be filled out in its entirety. Bids submitted with escalations and/or footnotes indicating changes or negotiations in price may be disqualified.
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5.3
Bid ITB 054-13/JW
Section 3 – Executive Summary: Provide the following information relative to the company (Available electronically):
5.4
Location of Company – Provide the address for the company’s headquarters or name of the Bidder’s local office nearest to the City of Cincinnati, Ohio (if applicable). Include a contact name, address, and phone number.
Bidder’s Primary Business – State the company’s primary line of business, the date established, the number of years of relevant experience, and the number of employees.
Company History – Provide a brief history of Bidder’s organization. State briefly the programmatic and administrative experience qualifying the Bidder to perform the proposed services. Include the Bidder’s mission statement, philosophy of service, and any special qualifications.
Section 4 – Required Forms: All questionnaires and all bid forms must be filled out in their entirety and included in this section. The required forms are listed below and are electronically accessible:
5.5
Registration Form
Proposal or Bid Form
Personal Property Tax Form
Warranty Unresolved finding
Surety Bond Form (if applicable)
Questionnaire (Attachment B)
Cost Sheet (Attachment A)
Section 5 – Bidder References: The Bidder must list at least three (3) references* for whom products/services were sold/provided similar in nature and functionality to those requested by Hamilton County. Bidders must list all Hamilton County Departments for whom products/services were received within the last 5 years. Each reference must be accompanied by (Available electronically):
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Company Name Address Phone Number, E-mail and Fax Number Contact Person Nature of Relationship and Service Performed Time Period of Contract
*If references cannot be provided, explain why 5.6
Section 6 – Personnel Qualifications: For key personnel who will be working on the project, please submit resumes with the following (Available electronically):
5.7
Proposed Role
Job Description
Industry Certification(s) and Educational Background
Work History
Personal Reference (company name, contact name and phone number, scope and duration of project)
Section 7 – Distinguishing Characteristics (Available electronically): Bidders are encouraged to identify their services’ distinguishing characteristics, which should be reviewed. These characteristics may be beyond the scope of this project if the Bidder deems they would provide value to the long-term goals of Hamilton County.
5.8
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The Hamilton County Sheriff’s Office may require a pre-award demo of any potential vendors equipment and or monitoring platform software.
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ITB# 054-13- Attachment A- Cost Sheet
Initial Term
Total Annual Cost
$
Optional Renewal Year 1
$
Optional Renewal Year 2
$
Optional Renewal Year 3
$
Optional Renewal Year 4
$
Name of Company: ________________________________________________ Address: ________________________________________________________ City:__________________________State:______________Zip: ___________ Phone:_____________________________Fax:_________________________ E-mail: __________________________________________________________
Signature:____________________________________ Date:____________
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ITB# 054-13ATTACHMENT B VENDOR QUESTIONNAIRE 1. Can you provide the necessary Certifications on your staff?
2. Can you respond to a five (5) day written report request?
3. Is the work described in this bid document your primary line of business?
4. H a v e you provided the required references?
5. A r e you able to commit to being available for a presentation?
6. Have you attached your bid bond?
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7. Is the FCC Certification for the Transmitter included in your proposal?
8. Can you meet the obligations listed in this ITB with regard to insurance?
9. D o you agree to hold harmless the Board of Hamilton County Commissioners, Hamilton County Sheriff and employees for liabilities that arise in connection with the services performed under the contract and are in any way related to the services rendered in the performance of the contract?
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SURETY BOND
We, the undersigned, are held and firmly bound unto the Board of County Commissioners of Hamilton County, Ohio, in the sum of ______________ dollars, for the payment of which we hereby jointly and severally bind ourselves and our legal representatives by these presents, signed and sealed by us, at Cincinnati, this __________________ day of _____________________, 2012. The condition of this obligation is such, that if the said Board of County Commissioners shall accept the proposal of _____________________, hereinafter called the bidder, and said bidder shall, within sixty (60) days after sending of notice of such award, enter into the prescribed contract in writing, with approved surety or in the case the said bidder shall fail or refuse to perfect said contract as aforesaid, and shall promptly pay all damages accruing to said Board of County Commissioners by reason of such failure or refusal, then this obligation shall be void, otherwise to be in full force and virtue. Signed and acknowledged in the presence of:
Witness ________________________________________________ Print or type name SIGN ON THIS LINE
Witness ________________________________________________Print or type name SIGN ON THIS LINE
Surety: _________________________________________________________________ PRINT OR TYPE NAME ABOVE INCORPORATED IN THE STATE OF
SIGN ON THIS LINE
CERTIFIED CHECK If you are submitting a Certified Check: Check #_________________________________dollars drawn on ____________________________________ bank is herewith submitted and deposited in lieu of bond under the same terms and conditions as set forth in the above bond. INSTRUCTIONS FOR FILLING OUT THE BOND ABOVE: The bond must be executed by an authorized surety, guaranty, or trust company. The amount of surety required will be determined by the County and set forth in the bid documents. The County shall determine the sufficiency of all sureties. If corporate surety is given, the surety or guaranty company must indicate in the bond the state in which it is incorporated. A certificate of authority authorizing the “attorney-in-fact” to sign the bond must accompany the same. A certified or cashier’s check may be submitted in lieu of the bond.
The surety or guaranty company’s own form may be substituted for the bond form in the invitation to bid.
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Section 3- Executive Summary Suppliers Note. If you are submitting your bid in paper form include all of your forms with your proposal in a sealed envelope.
Name of Company: Address: Phone: Fax: Contact: E-mail:
Primary Business: 5
6
Company History: 5
6
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REGISTRATION FORM PLEASE READ AND ACKNOWLEDGE RECEIPT OF THIS DOCUMENT ITB#: ITB 054-13/JW All inquiries regarding this ITB are to be e-mailed, mailed or faxed to: Jill E Williams Purchasing Agent I 138 E. Court Street, Room 507 Cincinnati, Ohio 45202 Fax #: (513) 946-4335 Email:
[email protected]
The County will not entertain any oral questions regarding this ITB. Other than specified above, no bidder may contact any county official, employee, project team member or evaluation team member. Bidders are not to schedule appointments or have contact with any of the individuals connected to or having decision-making authority regarding the award of this ITB. Inappropriate contact including attempts to influence the ITB process, evaluation process or the award process by bidders or by others on their behalf will result in bid rejection. The only appropriate contact is with the Purchasing Department as listed above. Have you been banned from doing business with the State of Ohio? Is your company a “for profit” business and if yes, please specify? (i.e. Women Owned or Minority, Disadvantaged and/or Small Business Enterprise)
Please fax or e-mail this page to the Purchasing Department as soon as possible. By faxing or e-mailing this page to the Purchasing Department, you will be registering your company’s interest in this ITB, attendance at pre -bid conference, and it will ensure you will receive all addenda or correspondence. Your signature is an acknowledgement that you have read and understand the information contained on this page. Hamilton County will not be responsible for the timeliness of the delivery via U.S. Mail DATE: COMPANY NAME: ADDRESS: CITY, STATE & ZIP CODE: SALES REPRESENTATIVE’S NAME: TELEPHONE NUMBER: FACSIMILE NUMBER: EMAIL ADDRESS: NUMBER OF PEOPLE ATTENDING PREBID (IF APPLICABLE): SIGNATURE:
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SIGNATURE: Hamilton County
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PROPOSAL OR BID Suppliers Note. If you are submitting your bid in paper form include all of your forms with your proposal in a sealed envelope. In compliance with the foregoing invitations for bids, and subject to all conditions set forth, the undersigned offers and agrees, after having carefully examined the specifications, if this bid is accepted within a reasonable time from the date of the opening, to furnish any or all of the items upon which prices are quoted, in accordance with the specifications applying, at the price set opposite each item. The Legal Advertisement, General Conditions, Special Conditions, Instructions to Bidders, and Specifications and Plans become a part of this proposal. Delivery, to destination as shown, on any or all of the items will be completed within the specified time period indicated in Section 4.0 of the ITB. IMPORTANT: As delivery may be a deciding factor in the award of an order, it is important that bidders furnish the information requested. TAXES: Ohio Sales Taxes are not applicable to Hamilton County purchases. TAX ID #: PRINT NAME: SIGNATURE: TITLE: NAME OF COMPANY:
NOTE:
Your attention is called to the fact that a bond or certified check must accompany this proposal if so specified in the “INVITATION.”
HAVE YOU PROPERLY SIGNED YOUR BID AND BOND? DATED
ADDRESS
PHONE NUMBER
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PERSONAL PROPERTY TAX STATEMENT Suppliers Note: This document must be notarized. Please print and complete document and scan to upload the completed document to your bid response. If you are submitting your bid in paper form include all of your forms with your proposal in a sealed envelope. In accordance with Section 5719.042 of the Ohio Revised Code, I hereby certify that the company I represent is not delinquent in the payment of personal property taxes to the State of Ohio or any subdivision thereof.
SIGNATURE
PRINT NAME
TITLE
TO BE COMPLETED BY NOTARY PUBLIC
On _______________________________________________, there appeared before me DATE
______________________________________________________, saying that he/she is PRINT NAME
_____________________________________________________________________ of PRINT TITLE __________________________________________________________________________________________________________,
PRINT NAME OF COMPANY
and that he/she understands all of the implications of the above statement and has signed in good faith.
SIGNATURE OF NOTARY PUBLIC
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WARRANTY AGAINST AN UNRESOLVED FINDING FOR RECOVERY (Formerly State of Ohio Debt)
Suppliers Note: This document must be notarized. Please print and complete document and scan to upload the completed document to your bid response. If you are submitting your bid in paper form include all of your forms with your proposal in a sealed envelope. In accordance with Section 9.24 of the Ohio Revised Code, I hereby certify that the company I represent does not owe any money to the State of Ohio.
. SIGNATURE
PRINT NAME
TITLE
TO BE COMPLETED BY NOTARY PUBLIC
On _______________________________________________, there appeared before me DATE _____________________________________________________, saying that he/she is PRINT NAME ________________ ____________________________________________________ of, PRINT TITLE
______________________________________________________________________ PRINT NAME OF COMPANY and that he/she understands all of the implications of the above statement and has signed in good faith.
SIGNATURE OF NOTARY PUBLIC
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Section 5- Bidder References Suppliers Note: If you are submitting your bid in paper form include all of your forms with your proposal in a sealed envelope.
Company: ITB#: ITB Name:
Business Name: Contact Name: Address: Phone: E-mail: Projects similar to this bid: 5 6
Business Name: Contact Name: Address: Phone: E-mail: Projects similar to this bid: 5 6
Business Name: Contact Name: Address: Phone: E-mail: Projects similar to this bid: 5 6
Business Name: Contact Name: Address: 11/1/2013 6:02 AM Phone:
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Business Name: Contact Name: Address: Phone: E-mail: Projects similar to this bid:
Hamilton County
Bid ITB 054-13/JW
5 6
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Section 6- Personnel Qualifications Suppliers Note: If you are submitting your bid in paper form include all of your forms with your proposal in a sealed envelope.
List names and titles of personnel that will be associated with this bid/contract. Attach work history if desired. Name: Title: Proposed Role: Industry Certification & Educational Background: Job Description: 5 6
Name: Title: Proposed Role: Industry Certification & Educational Background: Job Description: 5 6
Name: Title: Proposed Role: Industry Certification & Educational Background: Job Description: 5 6
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5 Hamilton County
6
Bid ITB 054-13/JW
Personal Reference: 5
6
Work History: 5
6
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Section 7- Distinguishing Characteristics Suppliers Note. If you are submitting your bid in paper form include all of your forms with your proposal in a sealed envelope.
Bidders are encouraged to identify their services’ distinguishing characteristics, which should be reviewed. These characteristics may be beyond the scope of this project if the bidder deems they would provide value to the longterm goals of Hamilton County. 5
6
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Question and Answers for Bid #ITB 054-13/JW - Juris Monitoring
OVERALL BID QUESTIONS There are no questions associated with this bid. If you would like to submit a question, please click on the "Create New Question" button below.
Question Deadline: Nov 13, 2013 12:00:00 PM EST
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