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CC Resolution 9476 RESOLUTION NO. 9476 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE POLICE DEPARTMENT TO DISPENSE OF THE FORMAL BID PROCESS AND ISSUE A REQUEST FOR PROPOSAL FOR A DIGITAL VOICE LOGGING RECORDER WHEREAS, the Police Department seeks to replace the existing logging recorder and has conducted research and interviewed prospective vendors; WHEREAS, the City's purchasing policy provides that the formal bid process may be dispensed with, upon Council approval, for purchases of supplies and equipment that are technical in nature, and whose estimated value or amount exceeds $15,000; WHEREAS, Police Department staff have indicated that all of the conditions for dispensing of the formal bid process outlined in Campbell Municipal Code 3.20.091 exist; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell finds it in the best interest of the City to hereby dispense with the formal bid process for purchase of the digital logging recorder; BE IT FURTHER RESOLVED that the City Council of the City of Campbell authorizes the Police Department to issue the attached Request for Proposal for purchase of a digital voice logging recorder. PASSED AND ADOPTED this ~ day of by the following vote: December , 1998, AYES: Councilmembers Conant, Furtado, Dougherty, Dean, Watson NOES: Councilmembers None ABSENT: Councilmembers None AT": ~~ Anne Bybee, City Clerk City of Campbell Digital Logging Recorder T ABLE OF CONTENTS 1.0 Background ........................ ............................................. ........................................ ..........................4 2 1.1 Campbell Police Department............................ ............. ... ....................... ................ ........................ 4 3 1.2 Current Systems Environment.......................................................................................................... 4 4 2.0 Proj ect Objective ....................... .......................................... ............................. .............. ...... .............5 5 2.1 Overview........................................................................................................................ .................5 6 2.2 Support Requirements.................................................................................................................. ...5 7 2.3 System Specifications/Requirements ... ..................................... .......................................... .............. 5 8 3.0 Instructions to Proposers........... ........................................... ....................................... ..... .................5 9 3.1 Submission of Proposals.................................................................................................................. 5 10 3.2 Schedule of Events.......................................................................................................................... 6 11 3.3 Requests for Additional Information.. ...................................... ........................ ...................... .... ...... 6 12 4.0 General Conditions............ ..... .... ......................................... ............................... .......... ..................... 7 13 4.1 Revisions to the RFP .......................................................................................................................7 14 4.2 Proposer's Examination of the RFP.................................................................................................7 15 4.3 Modification to Proposals ..... ................. ... .................................. .... ................................................7 16 4.4 Withdrawal of Proposals....................... .., ..................... .............. ......................... ...........................7 17 4.5 Incurring Costs......................................................................................................................... .......8 18 4.6 Responsibilities of the Contractor. ......................................... ...................................... ... ................. 8 19 4.7 Pricing, Payments and Retainage ....................................................................................................8 20 4.8 Open Procurement................................................................................................................... .......8 21 4.9 Rejection of Proposals..................................................................................................................... 8 22 4.10 Clarification of Proposals .............................. .................................. ........................ .... .................9 23 4.11 Terminology ................. ... ....... ......................................... .................................... .... ...................... 9 24 4.12 New Equipment..................................................................................................................... ........9 25 4.13 Order of Precedence.................................................................................................................... ..9 26 4.14 Contractual Claims...... ....................... .................... ..................... ................ ...............................10 27 4.15 No Assignment............................... ...... .................................. ..................... ................... ..............1 0 28 4.16 Transportation and Storage. ........................ ................ ..... ................... .................. ... ...................1 0 29 4.17 Systems Acceptance.................................................................................................................... .1 0 30 4.18 Insurance............. ....... ................................. ...................................... .........................................10 31 4.19 Confidentiality........................ ........................................ ................................... ..........................11 32 4.20 Rights to Submitted Material.......................................................................................................11 2 November 25, 1998 City of Campbell Digital Logging Recorder 4.21 Non-Selected Proposals...... ...... ..... ........................... ......... ............................................. .............12 2 4.22 News Release................. ..... ....................................... ..................................... ...... .................. .... .12 3 4.23 Statement of Time....................................................................................................................... .12 4 4.24 Non-discrimination in Employment and Affirmative Action........................................................ .12 5 4.25 Force Majeure............................................ ....................................... ........................ ................ ..12 6 4.26 Gifts by ()jferor .......................... ... ... ..................................... ... .................................. ... .., ...........12 7 4.27 Reporting Schedule ................................... ................................ ......................................... .... .....13 8 4.28 Specifications Remain the Property of the City............................................................................13 9 4.29 Proposer Exceptions to General Conditions ................................................................................13 1 0 5.0 Proposal Format ................................................ ..................................... ..... ................................... .13 11 5.1 Letter of Conveyance..... .... ........ ..................... ................. ........................................ ......................13 12 5.2 Executive Summary...................................................................................................................... .13 13 5.3 Exceptions.......... .... ............................................ ................................... ... .................................... .14 14 5.4 Corporate Background/Experience. ....... .............................. ....... ............................................ .......14 15 5.5 Statement of Work ............................................. .... ................ ............ ...... ..................................... .14 16 5.6 Cost Proposal...................................................................................................................... ......... .15 1 7 6.0 System Requirements ................... ..... ...................................... ..... .......................... .........................15 18 6.1 System Networking Capabilities ....................................................................................................15 19 6.2 System Design and Operations ......................................................................................................15 20 6.3 System Security .................................. ... ..................... ..... ............ ........................ ........................ ..16 21 6.4 Quality. ... ..... ..................................... ........................................... ..... .......................... ......... .... .....16 22 6.5 Warranty........................................................................................................................ .............. .16 23 24 7.0 Technical Support and Maintenance ..............................................................................................17 25 7.1 Factory Technical Support ............................................................................................................17 26 7.2 Factory Support - Remote Service .................................................................................................17 27 7.3 On -Site Maintenance Service...................................................................................................... .17 28 8.0 Training .................... ............................................ ...... .............................. ....... ................................17 29 8.1 Operator Training ............ ..... ................... ........ .... ....... ..................................... .......................... ...17 30 8.2 System Administrator Training..................................................................................................... .17 3 1 9.0 Documentation ............................................... .................................. ..................................... ......... ..17 32 9.1 OperatorManuals............................................................................................................... .......... .17 33 10.0 Schedule Provisions and Delivery .................................................................................................17 Noyember 25, 1998 3 City of Campbell Digital Logging Recorder 11.0 Selection Process........................... ....................................... ..........................................................18 2 11.1 Selection of Responsive Proposals...............................................................................................18 3 11.2 Evaluation....... ...... ............................................ ........................... ........ ...................................... .18 4 11.3 Demonstrations and/or On-Site Visits..........................................................................................19 5 11.4 Vendor Selection ... .................... ........................................ ... ................................. ......................19 6 12.0 Protests and Appeals ......... ........................................ ....................................................................19 7 8 Introduction 9 The City of Campbell (CPO) is soliciting Proposals from qualified Vendors to purchase a Digital 10 Logging Recorder. This Request for Proposal (herein referred to as "RFP") contains instructions 11 governing the proposal to be submitted, the material to be included, mandatory requirements which 12 must be met to be eligible for consideration, general evaluation criteria and Vendor's 13 responsibilities before, during and after installation. 14 Interested Vendors are invited to submit a response to this RFP document in accordance with the 15 instructions contained herein. Proposals will be evaluated in accordance with the described 16 requirements and evaluation criteria. 17 The scope of this procurement includes, but is not limited to, supplying all necessary hardware, 18 project management and installation services, training, maintenance and support services as defined 19 in this document. 20 Any discussion of the evaluation and selection process related to this RFP is limited to information 21 that will assist Vendors in developing an acceptable proposal. It will be the objective of the staff 22 coordinating this activity to provide fair and equal information and assistance to all Vendors. All 23 references to bidslbidders and proposals/offerors or vendors/proposers are interchangeable for the 24 purpose of this document. 25 1.0 BACKGROUND 26 1.1 Campbell Police Department 27 CPO has approximately 70 employees including 45 sworn personnel. The Chief of Police is an 28 appointed official and manages a department whose main objective is to provide effective basic 29 police services to protect the lives and property of the citizens ofthe City of Campbell. 30 1.2 Current Environment 31 The Campbell Police Department currently operates a two-position Communications Center staffed 32 by non-sworn personnel, which includes eight (8) full-time dispatchers, two (3) part-time 33 dispatchers, and one (1) supervisor. The Communications Center is located on the main floor, 34 adjacent to the records area of the police department. The CPO Communications Center provides 35 emergency call taking and dispatching for police services only. The current logger recorder is a 36 Dictaphone Model 9102. 4 November 25, 1998 City of Campbell Digital Logging Recorder 2 3 4 5 6 7 8 9 10 11 2.0 PROJECT OBJECTIVE 2.1 Overview The objective of this project is to replace the existing Dictaphone Logging Recorder with a multi- channel digital logging recorder This project must be bid as a fixed price not to exceed for all products and services. The vendor should propose a solution that Vendor feels best suits the City's needs based on Vendor's knowledge and research. Vendors responding to this RFP shall discuss all available options in their logging recorder offering including pricing for items offered as optional equipment. 2.2 Support Requirements The Vendor shall propose a 24-7 maintenance and support program with a minimum callback time of 30 minutes and a minimum response time of four hours for critical service requests. 12 13 14 2.3 System Specifications/Requirements The specifications and requirements for equipment to be proposed by the Vendor are described in Section 6.0. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 3.0 INSTRUCTIONS TO PROPOSERS 3.1 Submission of Proposals It is intended that each Proposer furnish all information requested by this RFP. Each proposal shall include a letter of conveyance, not to exceed two pages in length, which bears the signature of an authorized representative of the Vendor. The letter of conveyance shall designate by name not more than two individuals authorized to negotiate and sign the contract with the City on behalf of the prime Vendor. The letter of transmittal may also briefly set forth any particular information the Proposer wishes to bring to the City's attention. The Proposer shall deliver one (1) original and six (6) copies of the proposal to the City of Campbell, Attn.: Captain Dave Dehaan, not later than 5:00 P.M, January 5, 1999. In order to be considered for selection, proposals shall be received by the City on or before the date and time noted above. Late proposals will not be accepted. The method of delivery selected by the Vendor shall be at the Vendor's risk. The City will not accept responsibility for delays in delivery regardless of reason. Postmarks or other evidence of mailing prior to the deadline will not meet submission requirements if the proposal is not physically received by the City of Campbell before the stated deadline. Proposals received prior to the time of submission will be secured. Proposals received after the time set for submission will be returned to the Vendor unopened. No responsibility will be attached to the City for the premature opening of a proposal not properly addressed and identified. The City will not be responsible for proposals submitted to the wrong location. If the outside of the envelope is not properly identified, the City shall not be held responsible or accountable for maintaining the security of the proposal prior to the proposal submission date. The Vendor's envelope for each proposal must reflect the following information on the face: Vendor's Name Vendor's address Digital Logging Recorder Project Submission Date November 25, 1998 5 City of Campbell Digital Logging Recorder 1 The signing, submission and signature of a proposal shall indicate the intention of the Vendor to 2 adhere to the provisions described in this RFP and a commitment to enter into a binding contract. 3 The selected Vendor will be required to have all equipment installed and in full operation within a 4 maximum period of six (6) months of the effective date of the agreement. This will include all 5 program modifications, software and hardware installation, system documentation, and user 6 training that is necessary for system implementation. In addition to the six-month maximum 7 implementation period, the agreement will require a 12 month warranty . 8 Proposers must state, in the cover letter of the proposal, that the proposal is valid for a period of 9 180 days following the date of receipt of the proposal. The City of Campbell reserves the right to 10 make an award without further discussion of the proposal with the proposer. Therefore, the 11 proposal should be submitted on the most favorable terms that the proposer may propose. 12 3.2 Schedule of Events 13 The City intends to proceed with this procurement in a series of orderly steps. The schedule that follows 14 has been developed in order to provide adequate information for Proposers to prepare proposals and to 15 permit the City to consider fully various factors that may affect its decision. The dates indicated below 16 shall be carefully observed. 17 18 19 20 21 22 23 24 25 26 The Vendor shall not be allowed to take advantage of any errors or omissions in the specifications. 27 Where errors or omissions appear, the Vendor should promptly notify the City of Campbell of such 28 error or omission. Inconsistencies in the specifications should be corrected before proposals are 29 submitted. Event Date December 8, 1998 December 15, 1998 December 22, 1998 January 5, 1999 January 26, 1999 February 9, 1999 March 9, 1999 Type of Event Date of issue RFP Notification of intent to bid due Last date for proposer questions Date proposals due to City City Council Approval of Vendor Implementation begins Implementation completed 30 3.3 Requests for Additional Information 31 All questions regarding this RFP should be directed in writing to Captain Dave Dehaan at CPD. 32 Written responses will be provided for questions as deemed appropriate. Copies of each response, 33 without identifying the Vendor who asked the question, will be forwarded to all Vendors who 34 receive this RFP. Oral questions and answers will be considered unofficial and will not be official 35 unless confirmed in writing. 36 Proposers in doubt as to the true meaning of any part of the RFP document may submit a written request 37 for clarification, no later than 10 calendar days before the date set for receipt of proposals. Requests 38 should be submitted to Captain Dave Dehaan at CPD. Interpretation or revision of the RFP document 39 will be made only by an addendum duly issued by the City, and shall be submitted to all Proposers who 40 have indicated their intent to bid. The City will not be responsible for explanations or interpretations of 41 the RFP document, except as issued in accordance herewith. Only the City has the authority to make 42 interpretations or issue an addendum. 6 November 25, 1998 City of Camllbell Digital Logging Recorder 4.0 GENERAL CONDITIONS 2 This section of the RFP contains the general conditions and restrictions covering the preparation, 3 submission, and content of proposals. It is essential that these conditions be strictly observed. 4 4.1 Revisions to the RFP 5 Should it become necessary to revise any part of this RFP, or otherwise to provide additional 6 information, an addendum or addenda will be issued and furnished to all pre-qualified Proposers. 7 4.2 Proposer's Examination of the RFP 8 Proposers shall examine all information and materials contained in and with this RFP. F allure to do so 9 shall be at the Proposer's risk. 10 4.3 Modification to Proposals 11 Any proposer may modifY his proposal with a written communication at any time prior to the 12 closing of the proposals. This modification must be confirmed in writing, over the signature ofthe 13 proposer. Ifthe written confirmation is not received, no consideration will be given to the 14 modification. 15 Vendors are cautioned that modifications of proposals, if not explicit and if in any sense are subject 16 to misinterpretation, shall make the proposal so modified or amended subject to rejection. Vendors 17 shall secure correct information relative to the probable time of arrival and distribution of mail at 18 the place where the proposals are to be reviewed. 19 4.4 Withdrawal of Proposals 20 In any request or decision involving a proposal mistake, correction or withdrawal, procurement 21 staff shall consult with City Counsel. Correction or withdrawal of inadvertently erroneous 22 proposals before or after proposal opening may be permitted only if such correction or withdrawal 23 is not prejudicial to the interest of the City or fair competition. 24 Mistakes in proposals detected prior to proposal opening may be corrected or withdrawn by the 25 proposer by written request received by Captain Dave Dehaan prior to the time designated for 26 opening of proposals, provided that the original proposal shall not be physically returned to the 27 proposer until after the proposal opening. The written request must be signed by the same person 28 who signed the original proposal, and shall be sealed, time-stamped and deposited in the same 29 manner as the original proposal. Oral or telegraphic corrections or withdrawals shall not be 30 permitted. 31 Mistakes in proposals detected during or after proposal opening may not be corrected by the 32 proposer except: 33 . A proposer may be permitted to correct a material mistake that would cause such proposer 34 to have the low proposal if the mistake is clearly evident from examining the proposal 35 document; for example, arithmetical errors. However, a proposer shall not be permitted to 36 correct a proposal for errors of judgment. 37 . Proposer may be permitted the opportunity to furnish other information called for by the 38 RFP and not supplied due to oversight, so long as it does not affect responsiveness. November 25, 1998 7 Cit,y of Campbell Digital Logging Recorder 4.5 Incurring Costs 2 The City shall not be liable for any costs incurred by the Proposers in preparing, submitting or 3 presenting proposals to the City, or in satisfying any demonstration or other requirements. The City 4 shall not reimburse any costs incurred by Proposers in anticipation of being awarded the contract under 5 this RFP. 6 4.6 Responsibilities of the Contractor 7 The successful Proposer shall be considered as the primary Contractor and shall be required to assume 8 total responsibility for delivery, installation, and warranty of all hardware, engineering, and support 9 services offered in the proposal, whether or not the Proposer is the direct manufacturer, producer, author, 10 or supplier of them. 11 The City shall consider the successful Proposer to be the sole point of contact with regard to all 12 contractual matters, including the performance, service, and payment of any and all charges resulting 13 from the purchase and installation of the entire system configuration, and all other services performed. 14 Failure to meet these obligations shall result in the cancellation of all contracts and contractual 15 obligations between the Vendor and the City of Campbell. 16 Prior to final selection, Proposers may be required to submit additional information, which the City may 17 deem necessary to determine the Proposer's qualifications to complete the work. 18 4.7 Pricing, Payments and Retainage 19 Negotiated prices shall be firm and not subject to increase during the term of any contractual agreement 20 arising between the City and the successful Proposer as a result of the RFP. 21 4.8 Open Procurement 22 The City reserves the right to accept any item or group of items proposed in any response, unless the 23 Proposer qualifies the offer with specific limitations. However, it is the intent ofthe City to obtain all 24 items pertaining to system performance from one Vendor. 25 The City reserves the right to lease and/or purchase more or less of each item or service at the unit price 26 offered in the proposal, unless the Proposer specifically and explicitly limits the response in this regard. 27 The City reserves the right to negotiate with Proposers regarding variations to the original proposal(s) 28 that may be in the best interest of the City. 29 4.9 Rejection of Proposals 30 Every proposal will be carefully examined to determine whether it contains a material variance. 31 The City retains the right to reject any proposal that contains a material variance ofthe 32 requirements as identified in this RFP. 33 The City may: 34 35 36 37 38 39 . Reject an otherwise lowest proposal when it is determined that another proposal is more advantageous to the City. . Reject a proposal not accompanied by any required proposal security or by other data required by the proposing documents, . Reject a proposal that is in any way incomplete, irregular, amplified, unqualified or otherwise not in compliance with the proposal documents in all material respects. November 25,1998 8 City of Campbell Digital Logging Recorder 1 2 . Waive any informality, irregularity, immaterial defects or technicalities, in any proposals received. 3 4 . Cancel the request for proposals or reject all proposals because of the following reasons: 5 Inadequate or ambiguous specifications. 6 Specifications have been revised. 7 Services are no longer needed. 8 Change in City requirements. 9 All proposals are deemed unreasonable. 10 Proposals were not independently arrived at or were submitted in bad faith. 11 A determination is made that all the necessary requirements of the 12 proposal process have not been met. 13 Insufficient competition. 14 F or other reasons which indicate the cancellation or rejection of all proposals is 15 clearly in the best interest of the City. CPD will maintain sufficient written 16 records of proposal rejections and cancellations to ensure that there is no abuse of 17 the bidding process. All reasons for rejecting a proposal shall be retained in the 18 proposal file. 19 4.10 Clarification of Proposals 20 The City reserves the right to obtain clarification of any point in an individual or firm's proposal or 21 to obtain any additional information necessary to properly evaluate a particular proposal. Failure 22 of a Vendor to respond to such a request for additional information or clarification could result in 23 rejection of the proposal. 24 4.11 Terminology 25 Unless otherwise provided in the RFP, the name of a certain brand, make or manufacturer does not 26 restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, 27 character, and quality of the article desired, and any article which the City in its sole discretion 28 determines to be the equal of that specified, considering quality, workmanship, economy of operation, 29 and suitability for the purpose intended, shall be accepted. 30 4.12 New Equipment 31 The City shall accept only new equipment. Used and/or re-manufactured equipment will not be 32 accepted. 33 4.13 Order of Precedence 34 Incorporated by reference into the contract that is to be entered into by the City and the successful 35 Proposer pursuant to this RFP shall be: (1) all of the information presented in or with this RFP and the 36 Proposer's response thereto; and (2) all written communications between the City and its agents and the 37 successful Proposer after the closing date ofthe RFP. 38 The order of precedence for determining required deliverables shall be: November 25,1998 9 City of Campbell Digital Logging Recorder 1 2 3 4 1. 2. 3. 4. Contract Letters of Clarification (if any) RFP RFP Response Document (Proposal submitted by Proposer) 5 4.14 Contractual Claims 6 Contractual claims, whether for money or other relief, shall be submitted in writing to the City no later 7 than 60 days after final payment. Written notice ofthe Vendor's intention to file such claim shall have 8 been given at such time as the claim arises. 9 4.15 No Assignment 10 Assignment by the successful Proposer to a third party of any contract based on this RFP or any monies 11 due is absolutely prohibited and will not be recognized by the City unless approved by the City in 12 writing. 13 4.16 Transportation and Storage 14 The Vendor shall make all arrangements for transportation of equipment in suitable vehicles and by 15 experienced equipment carriers. Supervision of packing, unpacking, and placement of equipment shall be 16 furnished by the successful Proposer without charge to the City. Transportation expenses shall be 17 incurred by the successful Proposer. 18 The City will make available to the Vendor the sites and equipment buildings when they are ready. 19 These will be taken by the Vendor as is and may be used for storage of contract-related equipment. The 20 Vendor will be responsible for all equipment stored and installed at these sites until it is accepted by the 21 City. The Vendor is expected to maintain these sites in a neat and organized manner, disposing of all 22 debris and repairing any incidental damage, major or minor, caused by installation or transportation- 23 related activities. 24 4.17 Systems Acceptance 25 The City shall require the Vendor to conduct a final acceptance test, which shall be monitored and 26 supervised by the City or its agents, to insure that the product and/or service provided by the Vendor 27 functions as specified in accordance with the terms and conditions of this RFP and the contract duly 28 executed by both parties. 29 4.18 Insurance 30 Any deductible or self-insured retentions must be declared to and approved by the City. At the 31 option ofthe City, either the insurer shall reduce or eliminate such deductibles or self-insured 32 retentions as respects the City, its officers, officials, employees and volunteers; or licensee shall 33 provide a financial guarantee satisfactory to the City guaranteeing payment oflosses and related 34 investigations, claim administration and defense expenses. 35 If Vendor fails or refuses to procure or to maintain insurance as required by this contract, or fails 36 or refuses to furnish City with required proofthat the insurance has been procured and is in force 37 and paid for, City shall have the right, but without obligation so to do, at the City's sole and 38 arbitrary discretion and without notice, to procure and maintain such insurance. City shall give 39 prompt notice to Vendor of the payment of such premiums, stating the amounts paid and the names 40 of the insurer or insurers. November 25, 1998 10 City of Campbell Digital Logging Recorder 1 A. Workers Compensation 2 Proposer shall maintain Worker's Compensation coverage as required by State law. The 3 insurer shall agree to waive all rights of subrogation against the City, its agents, officers, 4 employees and volunteers for losses arising from work performed by Proposer for City. 5 B. General Liability 6 Proposer shall maintain general liability insurance with minimal per incident coverage of 7 $1,000,000 for combined single limit occurrence for bodily injury, personal injury, and property 8 damage. The City shall be named as an additional insured on the policy. Proposer's general 9 liability insurance shall be deemed primary such that any other insurance that may be carried by 10 the City shall be in excess thereto. Such insurance shall be on an "occurrence" and not a "claim 11 made" basis. 12 C. Automobile Liability 13 Proposer shall maintain motor vehicle liability insurance for vehicles owned, non-owned, and 14 hired for all claims of injury to persons or damage to property that may arise from or in 15 connection with Proposer's operation of motor vehicles. Minimal per incident coverage shall be 16 $300,000 personal injury, $100,000 per person, and $50,000 property damage. The City shall 17 be named as an additional insured on the policy. 18 D. Form oflnsurance 19 All insurance required shall be carried only with responsible insurance companies acceptable to 20 the City that have a current A.M. Best rating of at least A: VII and are licensed to do business in 21 the State of California. All such policies shall be non-assessable and shall contain language to 22 the effect that (a) any loss shall be payable notwithstanding any act of negligence of City or 23 Proposer that might otherwise result in a forfeiture of the insurance, (b) the insurer waives the 24 right of subrogation against either party hereto for the negligence of such party, (c) the policies 25 are primary and non contributing with any insurance that may be carried by the City, and, (d) 26 they cannot be canceled or materially changed except after 30 days prior written notice by 27 insurer to City. Proposer shall furnish City with copies of all such policies certified by the 28 msurer. 29 4.19 Confidentiality 30 Trade secrets or proprietary information submitted as a part of the firm's proposal shall be kept 31 confidential to the extent permitted by law, however, the firm must identify the data or other materials to 32 be protected and state the reasons why protection is necessary. Failure of the firm to take these steps 33 shall make the firm's proposal subject to public disclosure. 34 4.20 Rights to Submitted Material 35 All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all 36 reports, charts, displays, schedules, exhibits, and other documentation submitted by Proposers shall 37 become property of the City when received. The City retains the right to use any or all system ideas 38 presented in any proposal in response to the RFP, whether amended or not. Selection or rejection of any 39 proposal does not affect this right. Any information deemed to be of a proprietary nature and protected 40 by copyright must be so designated. November 25, 1998 11 City of Campbell Digital Logging Recorder 1 4.21 Non-Selected Proposals 2 Non-selection of any proposal will mean that another acceptable proposal was deemed to be more 3 advantageous to the City or that no proposal was accepted. Proposers whose proposals are not accepted 4 will be so notified. 5 Notification of non-selected Proposers will be devoid of any criticism of the proposal and of any 6 implication that the proposal or proposed equipment was deficient. 7 4.22 News Release 8 Proposers shall at no time make any news or advertising releases pertaining to this RFP for any purpose 9 without the prior written approval of the Director of Administrative Services, and then only in 10 coordination with the City. 11 4.23 Statement of Time 12 A period of time, unless stated as a number of workdays, shall include Saturdays, Sundays, and 13 holidays. 14 4.24 Non-discrimination in Employment and Affirmative Action 15 The Vendor will not discriminate against any employee or applicant for employment because of race, 16 religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide 17 occupational qualification reasonably necessary to the normal operation of the Vendor. The Vendor 18 agrees to post, in conspicuous places available to employees and applicants for employment, notices 19 setting forth the provisions of this non-discrimination clause. 20 The Vendor, in all solicitations or advertisements for employees placed by or on behalf of the Vendor, 21 will state that such Vendor is an equal opportunity employer. 22 Notices, advertisements and solicitations placed in accordance with federal law, rule, or regulation shall 23 be deemed sufficient for the purpose of meeting the requirements of this section. 24 4.25 Force Majeure 25 Neither party will be liable to the other for any failure or delay in rendering performance arising out of 26 causes beyond its control and without its fault or negligence. Such cases may include, but are not limited 27 to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight 28 embargoes and unusually severe weather; but the failure or delay must be beyond control and without 29 fault or negligence. 30 Ifthe Proposer's failure to perform is caused by the default of a subcontractor, and if such default arises 31 out of causes beyond the control of both the Proposer and subcontractor, and without the fault or 32 negligence of either of them, the Proposer shall not be liable for any excess costs for failure to perform, 33 unless the equipment or services to be furnished by the subcontractor were obtainable from other sources 34 in sufficient time to permit the Proposer to meet the required delivery schedule. 35 Dates or time of performance will be extended to the extent of delays excused by this section, provided 36 that the party whose performance is affected notifies the other promptly of the existence and nature of 37 such delay. 38 4.26 Gifts by Offeror 39 No bidder, Offeror, Vendor, or subcontractor shall confer on any public employee having official 40 responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, November 25, 1998 12 City of Campbell Digital Logging Recorder I service, or anything else of more than nominal value, present or promised, unless consideration of 2 substantially equal or greater value is exchanged. 3 4.27 Reporting Schedule 4 The Vendor shall provide such reports, documents, descriptions, and schedules as are required by this 5 specification and in accordance with any City approved project schedule. 6 4.28 Specifications Remain the Property ofthe City 7 These specifications in their entirety are the property of the City. The Proposer shall not copy or 8 disseminate any portion of these specifications without express written authorization from the City, 9 except as necessary in the preparation of a Proposal. Any authorized copies of these specifications or 10 portions thereof shall include a similar paragraph prohibiting further copying or dissemination. 11 4.29 Proposer Exceptions to General Conditions 12 The Vendor will be required to abide by all provisions of this RFP. Proposers wishing to take exception 13 to any condition noted should state and explain such exceptions in the submitted proposal. Exceptions 14 noted by the Vendor shall I ) identifY the page number, section number and line number(s) as the item 15 appears in the RFP document and 2) clearly and succinctly state the Vendor's exception and proposed 16 alternative. 17 5.0 PROPOSAL FORMAT 18 Each proposal must be submitted under one cover. Additional documentation, such as system or 19 user documentation, must be submitted under a separate cover with appropriate cross-references. 20 The proposal shall contain the following sections, in the order and format described below. 21 24 25 26 27 . Letter of Conveyance . Executive Summary . Exceptions . Vendor Background/Experience . Statement of Work . Cost Proposal . Exhibits 22 23 28 5.1 Letter of Conveyance 29 The cover letter shall introduce the firm and its proposal. It shall be signed by a principal of the 30 Proposer who is authorized to negotiate on behalf of the Proposer. The letter of conveyance shall be 31 limited to two (2) pages in length and contain the Vendor's senior management commitment to the 32 CPD project. 33 5.2 Executive Summary 34 The executive summary shall be no longer than five (5) pages in length and shall condense and 35 highlight the contents of the proposal in such a way as to provide its evaluators with a broad 36 understanding of the entire proposal. It must also include a discussion of the Vendor's 37 understanding ofCPD's requirements. November 25,1998 13 City of Campbell Digital Logging Recorder 1 5.3 Exceptions 2 This section shall list in order, each item in which the Vendor takes exception. It shall include the 3 page number, section number and line number(s) as the item appears in the RFP document and the 4 reason for exception and any alternative position the Vendor wishes to propose. Any failure on the 5 part of the bidder to conform to this requirement may be grounds for disqualification and rejection 6 of the proposal submitted. The City of Campbell may deem any exception to be non-compliant to 7 the RFP requirements, resulting in rejection of the Vendors proposal. 8 5.4 Corporate BackgroundlExperience 9 Only bidders with previous, successful installations will be considered. A list of a minimum of five 10 Public Safety Centers, with contact names and phone numbers shall be provided. The proposer 11 must provide for each project: 12 13 14 15 16 . Customer name . Customer reference (including current phone number) . Time period of the contract . A brief statement of the scope of the project, indicating personnel requirements and hardware, and the relative size of the client's operation. 17 The City reserves the right to inspect Proposers' physical plants prior to award to satisfY questions 18 regarding Proposer capabilities. Proposers shall grant permission for representatives ofthe City to 19 inspect their fabrication and service facilities at any time during normal business hours. The corporate 20 background and experience section must include for the proposer and each subcontractor (if any): 21 details of the background of each company, its size and resources, details of corporate experience 22 relevant to the proposed project, financial statements, and a list of other current or recent projects 23 similar in size and requirements to this proposal. 24 Financial statements for the applicable legal entity must be provided for each of the last year 25 including, at a minimum, external Auditors' reports (including financial statements). 26 Staff that will be assigned to work on this project must be named in the Vendor's response 27 document. A maximum two page biographical sketch shall be provided for each staff member 28 assigned to the CPD logging recorder project. 29 5.5 Statement of Work 30 The Statement of Work prepared by the Vendor and included in this section of the Vendor's 31 proposal shall describe, in detail, all deliverables for which the Vendor shall be responsible. This 32 section shall include a detailed discussion of the Vendor's approach to the planning, 33 implementation, acceptance testing, and maintenance of the system to be installed. These areas 34 shall include but not be limited to: 39 . Project Management . System Equipment Installation . Training Plan and Training of CPD staff . Acceptance Test Plan and Acceptance Testing . Maintenance 35 36 37 38 November 25,1998 14 City of Campbell Digital Logging Recorder 1 5.6 Cost Proposal 2 Vendor must submit a complete solution package purchase price that includes applicable taxes for 3 the equipment. The Vendor must identify the maximum amount of shipping costs. The detail cost 4 sheets shall show unit price and extended price of each item without tax and shipping costs. These 5 costs shall be identified at the end of each section. Vendor must also quote an annual maintenance 6 cost figure for the logging recorder. The City of Campbell will also consider an optional pre-paid 7 (discounted) maintenance schedule of up to five years. All software upgrades and future software 8 developments must be provided to the City at no charge as long as the City is a maintenance paying 9 customer. 10 6.0 SYSTEM REQUIREMENTS 11 The system must meet the requirements as described herein. 12 6.1 System Networking Capabilities 13 . Windows NT compatible. 14 . LAN and Modem capable so that data can be accessed from any terminal in the system or from 15 a remote location. 16 . Able to have multiple users simultaneously access via the network and privately playback at 17 PC workstation. 18 6.2 System Design and Operations 19 . System provides for either redundancy or mirroring. 20 . System is available with single or dual DA T drives. 21 . Automatic daylight savings adjustments during daylight savings time. 22 . Track time and date even during silent periods. 23 . Minimum of 16 channel recording capacity, maximum of 120 channel recording capacity. 24 . Second tape drive for either dual recording or to pick up at end of tape from drive one. 25 . Archive on DAT, DDSII, or DDSIII. 26 . Capable of simultaneous record and playback. 27 . Internal battery backup for minimum of fifteen minutes in case of power outage. 28 . Record to tape al1 buffered information in RAM before shut down in power outage. 29 . Display recording space remaining for every deck. 30 . Up to 1280 hours of "real" instant access on the hard drive to information, independent of 31 buffering, for easy retrieval of data. November 25,1998 15 City of Campbell Digital Logging Recorder . Capable of synchronizing to an external time source. 2 . Flexibility to record on two DAT drives either simultaneously or in parallel or in a sequential 3 mode. 4 . When in sequential mode, automatically transfers to another deck if tape is full, or in the 5 unlikely event of failure, should overlap between primary and sequential decks before deck 6 transfer. 7 . Includes rerecord device with spoken time and date on a second audio track. 8 . Capable of mixing up to four channels during playback or live monitoring. 9 . During playback, active channels should be displayed (e.g. those with audio). 10 . Able to monitor/listen to calls through workstation speakers as they are recorded. 11 . Built-in self tests with the ability to trigger external alarms, send faxes, and dial pagers in the 12 event of an equipment problem or failure. 13 . Compression is available on a per channel basis to increase recording quality. 14 . System allows for speed control during audio playback. 15 . System searches by date, time, channel, call and/or call duration. 16 . System allows user to attach text or tag a call and the text or tag can be used later as search 17 criteria. 18 6.3 System Security 19 . Unlimited, multi-level security options. 20 . System-wide audit trail to track activity for each deck. 21 . Error log to track alerts, error messages and conditions. 22 6.4 Quality 23 All equipment shall be of the highest professional quality and reliability. All materials shall be 24 new and shall be the best of their respective kinds, free of corrosion, scratches or other such 25 defects. Design and construction shall be consistent with contemporary professional 26 engineering practices. 27 6.5 Warranty 28 The logging recorder manufacturer shall provide a warranty on parts and labor for a period of not 29 less than ONE YEAR from the date of acceptance. The bidder shall certify that this warranty shall 30 apply to the end user of the system. November 25, 1998 16 City of Campbell Digital Logging Recorder 7.0 TECHNICAL SUPPORT AND MAINTENANCE 2 7.1 Factory Technical Support 3 The manufacturer shall offer engineering and technical support to the user and/or its service agency 4 to help resolve any operational or service problems that may occur. The manufacturer shall 5 provide a 24 hour toll free hotIine telephone number for emergency technical support. The bidder 6 shall certifY that this support will be available to the end user of the system and/or its chosen 7 servicing agency. 8 7.2 Factory Support - Remote Service 9 The supplier shall offer on-line system services via modem to the user and/or its service agency. 10 7.3 On-site Maintenance Service 11 The manufacturer shall offer complete hardware and software on-site contract maintenance 12 through an approved local service facility. The local facility shall provide prompt repair service 13 should a failure occur, local parts support as needed and a direct route of access to the console 14 manufacturer should further assistance be required. 15 8.0 TRAINING 16 8.1 On-site Operator Training 17 The manufacturer shall conduct comprehensive Operator Training for designated personnel. 18 Training shall be conducted on-site using the new logging recorder. The classes shall be scheduled 19 at the convenience of the user to minimize the impact on shift personnel. 20 8.2 On-site System Administrator Training 21 The manufacturer shall conduct comprehensive training for personnel designated as System 22 Administrators. Training shall be conducted on-site using the new logging recorder. The training 23 shall be scheduled at the convenience of the user to minimize the impact on shift personnel. 24 25 9.0 26 9.1 DOCUMENTATION Operator Manuals 27 All manuals shall be furnished in one or more protective, 3 ring binders that shall allow easy field 28 insertion of update or revision pages. All sheets shall be reproduced on commercial grade white 29 book stock. All pages shall be reinforced to resist tear-out from the binder. Illustrations requiring a 30 page larger than 8W' X 11" shall be reproduced on commercial heavy bond white stock, shall have 31 a maximum vertical dimension of 11" and shall be fan-folded for proper storage in the binder. 32 The Operator's Manual shall be clearly written and illustrated to instruct personnel in the proper 33 use of all standard features available for the logging recorder. Drawings, photographs and/or 34 screen captures shall show the location of all operator controls. This manual shall be provided in 35 addition to all other manuals furnished. 36 10.0 SCHEDULE PROVISIONS AND DELIVERY 37 Supplier shall indicate his delivery schedule from the receipt of order. All equipment must be 38 delivered and installed within 30 days after receipt of order. November 25,1998 17 City of Campbell Digital Logging Recorder 11.0 SELECTION PROCESS 2 The selection and installation is an important and complex task. The City recognizes that several 3 Proposers can provide the services, hardware, furniture and support that would adequately meet 4 the City's needs. The City's selection committee will exercise both objective and subjective 5 rationale in this selection process. The purpose of this section is to provide the proposers with a 6 general overview of the evaluation methodology that the City will use to select the successful 7 Vendor. The evaluation has been designed in accordance with a three-phase selection process. 8 These three phases include: 9 10 11 . Selection of Responsive Proposals Evaluation . . Vendor Selection and Recommendation. 12 11.1 Selection of Responsive Proposals 13 The purpose of this phase of the evaluation is to determine if each proposal is sufficiently 14 responsive to the RFP to permit a complete evaluation. Proposals will be evaluated to determine 15 their completeness and compliance with the mandatory requirements and qualifications specified 16 throughout this RFP. 17 Failure to comply with one or more of these requirements will result in the proposal being judged 18 non-responsive, except that the City reserves the right to waive any deviations it deems 19 nonmaterial. 20 11.2 Evaluation 21 Those proposals deemed most responsive will be considered for this phase of the evaluation. The 22 purpose of the evaluation is to: 23 24 25 26 27 28 29 30 31 a) determine those proposals deemed to offer the most technically complete system that meets the needs of CPD; identify those proposals deemed most cost effective based on overall capabilities and lowest cost; review and analyze Vendor proposals in the area of post-sale maintenance and support; identify those Vendors deemed best qualified based on experience and capabilities; determine which Vendors have demonstrated the ability to effectively and efficiently perform the responsibilities as defined in this RFP. b) c) d) e) 32 The evaluation of Proposals received will be based upon the Vendor's response to the RFP. The 33 proposals will be evaluated based upon the following criteria: 34 35 36 37 38 39 Functionality and Project Management: Design, Performance, Integration, Responsiveness to Functional Requirements Project Management Experience, Ability to Perform Supportability: 40% 30% November 25, 1998 18 City of Campbell Digital Logging Recorder 2 Support Options, Experience in Public Safety, Site References Cost: 30% 100% 3 TOTAL 4 The City shall select one or more Proposers deemed to be fully qualified and best suited among 5 those submitting proposals, on the basis of the factors referenced in the RFP, including price. 6 11.3 Demonstrations and/or On-site Visits 7 After selection and evaluation of proposals is complete, the City of Campbell reserves the right to 8 inspect a system in operation at one or more customer sites prior to the issuance of the award. The 9 City prefers that one of the references be a potential site for inspection within the state of 10 California. 11 The City may also require a demonstration ofthe system at the City's site in order to validate the 12 capabilities described in the proposal and the system's ability to meet the City's requirements. 13 11.4 Vendor Selection 14 Once demonstrations and/or on-site visits are completed, negotiations will then be conducted with 15 each of the Proposers so selected. Price shall be considered, but will not be the sole determining 16 factor. After negotiations have been conducted with each Proposer so selected, the City shall select 17 the Proposer who, in the opinion of the City and in consideration of the factors listed above, has 18 made the best overall proposal and shall award the contract to that Proposer. Should the City 19 determine at its sole discretion that only one Proposer is fully qualified or that one Proposer is 20 clearly more highly qualified than the others, a contract may be negotiated and awarded to that 21 Proposer. 22 The City will make final selection. The City reserves the right to accept or reject any or all 23 proposals, or to waive any defects or technicalities, or to advertise for new proposals where the 24 acceptance, rejection, waiving, or advertising of such would be in the best interests of the City. 25 The award shall be made to one Vendor only, although subcontractors may be incorporated into a 26 Vendor's proposal. The City reserves the right to award in whole or in part, by item, groups of 27 items, or by section where applicable and where such action serves the City's best interest. A 28 proposal mayor may not be eliminated from consideration for failure to comply completely with 29 one or more of the requirements, depending on the critical nature of the requirements. 30 The award of a contract pursuant to this RFP will be made to that responsive and responsible 31 Proposer whose proposal is determined to have the greatest overall benefit to the City, price and 32 other factors considered, for the intended and/or expected life of the equipment. The contents of 33 this request for proposal and the proposal of the successful proposer will become contractual 34 obligations along with the final contract if acquisition action ensues. Failure of the successful 35 proposer to accept these obligations in a contract, purchase agreement, purchase order, lease 36 delivery order or similar acquisition instrument will result in cancellation of the award. 37 12.0 PROTESTS AND ApPEALS 38 Any Vendor who is aggrieved in connection with the solicitation or award of a contract may protest 39 to the Campbell City Council. The protest shall be submitted in writing to the Administrative 40 Services Director within seven (7) working days after such aggrieved person or company knows or 41 should have known of the facts giving rise thereto. November 25,1998 19