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Contract 2022-159AAGREEMENT No.2Q22159FOR FACILITY SECURITY SYSTEMS THIS AGREEMENT, is made and entered into this 13th day of December 2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and STANLEY CONVERGENT SECURITY SOLUTIONS, INC., whose address is: 8350 Sunlight Driver, Fisher, IN, 46037, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Sorcewell through the public procurement process awarded an Agreement for, FACILITY SECURITY SYSTEMS Contract Number 030421-SCS; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Sorcewell Contract Number 030421-SCS; WTTNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: I. SCOPE OF WORK The CONTRACTOR shall furnish Facility Security Systems as described in the Sorcewell Contract Number 030421-SCS, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. 3. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties, and shall remain in effect until April 25, 2025 unless terminated or renewed by Sorcewell. B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general BlueInk Bundle ID: caWh4tpkn6 Piggyback Agreement FACILITY SECURITY SYSTEMS assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement and fails to cure or rectify such failures within thirty (30) days of CONTRACTOR's receipt of written notice from the CITY; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. C. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1) additional one (1) year term. 4. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY the services contained under the Scope of Work upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Sorcewell Contract Number 030421-SCS or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. C. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 5. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. If the price of a single project exceeds fifty thousand dollars ($50,000.00), CONTRACTOR shall have the right to submit invoices for progress payments based on percentage of work and deliverables completed for such project. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. BlueInk Bundle ID: caWh4tpkn6 Piggyback Agreement FACILITY SECURITY SYSTEMS 6. DISPUTE RESOLUTION - MEDIATION A. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. The parties shall share the mediator's fee equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liability Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 2 BlueInk Bundle ID: caWh4tpkn6 Piggyback Agreement FACILITY SECURITY SYSTEMS 7.3. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work while on CITY's premises, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. In the event of the joint or concurrent negligence of CONTRACTOR and CITY, liabilities for losses and damages resulting from such negligence shall be apportioned based upon principles of comparative negligence. Provided, however, that nothing herein shall act or be construed to waive any sovereign immunity that CITY may enjoy as a matter of law. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. Notwithstanding the foregoing and except as may be the result of CONTRACTOR's negligence or intentional acts CONTRACTOR shall have no liability or obligation to indemnify for damage, liability or expense resulting from or due to occurrences and/or the consequences therefrom that the system is intended to detect, prevent or record, including any such loss or damage which may be occasioned or caused by the improper working or malfunctioning of the system. In no event will CONTRACTOR, its employees, agents or representatives be responsible for consequential, incidental or special damages. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 8. NOTICES 3 BlueInk Bundle ID: caWh4tpkn6 Piggyback Agreement FACILITY SECURITY SYSTEMS All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Stanley Convergent Security Solutions, Inc., Attn: Mike Capra 8350 Sunlight Driver, Fisher, IN, 46037 OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 9. MISCELLANEOUS 9.1. Attorneys' Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver The waiver by either party of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 4 BlueInk Bundle ID: caWh4tpkn6 Piggyback Agreement FACILITY SECURITY SYSTEMS 9.5. Entire Agreement This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assignment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either parry's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 9.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law 'Chis Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9.9. Public Records Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. E. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR 5 Bluelnk Bundle ID: caWh4tpkn6 Piggyback Agreement FACILITY SECURITY SYSTEMS SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. 10. AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in the Sorcewell Contract Number 030421-SCS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 13th day of December. City of Clermont Brian Bulthuis, City Manager Attest: Tracy Ackroyd Howe, City Clerk 6 BlueInk Bundle ID: caWh4tpkn6 STANLEY CONVERGENT SECURITY SOLUTIONS, INC By: Print Name: Title: Date: (Signature) BlueInk Bundle ID: caWh4tpkn6 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS Sourcewell P-1 Solicitation Number: RFP #030421 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Stanley Convergent Security Solutions, Inc., 8350 Sunlight Drive, Fisher, IN 46037 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Facility Security Systems, Equipment, and Software with Related Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 22, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C507FBBF8 030421-SCS All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances. Vendor warrants that the equipment will be free from defects in material and workmanship for a period of 12 months from the date the security system is placed into operation. If, during this warranty period, any of the equipment or parts are defective or malfunction, they will be repaired or replaced at Vendor's sole option, free of charge. This warranty will not apply if the damage or malfunction occurs because the system has been adjusted, added to, altered, abused, misused or tampered with by the Participating Entity, operated or used contrary to the operating instructions, software is used with an operating system other than that specified by Vendor or its original equipment manufacturer ("OEM"), performance issues relating to the use of Participating Entity's data network(s), power fluctuations, or any other cause not within the cause or control of Vendor. If inspection by Vendor fails to disclose any defect covered by this limited equipment warranty, the equipment will be repaired or replaced at Participating Entity's expense and Vendor's regular service charges will apply. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. With the exception of the foregoing limited equipment warranty, Vendor makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, that the system or service supplied may not be compromised or that the system or service will in all cases provide the protection for which it is intended. In no event will Vendor, its employees, agents or representatives be responsible for consequential, special or incidental damages of any nature whatsoever. Vendor makes no warranties concerning any equipment or devices attached to Participating Entity's system unless such equipment or devices were originally purchased and installed under this contract. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. Rev. 10/2020 2 DocuSign Envelope ID: 9E900664-D01 B-4757-88BF-CF8C5D7FBBF8 030421-SCS 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Rev. 10/2020 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities Rev. 10/2020 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor's acceptable forms of payment are included in Attachment A. Installations that total seventy-five thousand dollars (75000.00) or more shall be paid in monthly progress payments for the value of the work in place. Final payment shall be due thirty (30) days after substantial completion of the work, or the date the system is placed in service. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Specifically, if monitoring services are purchased from Vendor, the monitoring terms and conditions contained in Exhibit A to Vendor's Proposal and attached to this Contract shall apply and be executed by Vendor and the Participating Entity. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone Rev. 10/2020 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; Rev. 10/2020 6 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. Rev. 10/2020 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assignor transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the negligent acts or omissions in the performance of this Contract by the Vendor or its agents or employees during and within the scope of employment of such persons while on the Participating Entity's premises performing installation work. Notwithstanding the foregoing, Vendor has no liability or obligation to indemnify for damage, liability or expense resulting from or due to occurrences and the consequences therefrom of that the system is intended to detect, prevent or record, including loss or damage occasioned or caused by the improper working or malfunctioning of the equipment. In no event will Vendor, its employees, agents or representatives be responsible for consequential, incidental or special damages. Rev. 10/2020 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or Rev. 10/2020 9 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. Rev. 10/2020 10 DocuSign Envelope ID: 9E900664-D01 B-4757-88BF-CF8C5D7FBBF8 030421-SCS 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided bylaw or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Rev. 10/2020 11 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: Rev. 10/2020 12 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. Rev. 10/2020 13 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing Rev. 10/2020 14 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. Rev. 10/2020 15 DocuSign Envelope ID: 9EWC664-1301 B-4757-88BF-CF8C5D7FBBF8 030421-SCS D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). Rev. 10/2020 16 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Rev. 10/2020 17 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 030421-SCS Sourcewell I .DocuSigned COFD2A139DOfi489... By: Jeremy Schwartz Title: Chief Procurement Officer 4/20/2021 1 1:12 PM CDT Date: Approved: D, occ u�Signeedhby: By: r'7E4288F817A64CC- Chad Coauette Title: Executive Director/CEO Date: 4/23/2021 1 4:08 PM CDT Stanley Convergent Security Solutions, Inc. Docu8igned by: � IC..I E—;g�B�1053�C�BB40D41.. By: Scott Wulforst Title: Director of Corrections & State Local Government Date: 4/23/2021 1 4:45 PM EDT Rev. 10/2020 18 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 RFP 030421 - Facility Security Systems, Equipment, and Software with Related Services Vendor Details Company Name: Stanley Convergent Security Solutions Does your company conduct business under any other name? If Stanley Black & Decker yes, please state: 8350 Sunlight Drive Address: Fishers, IN 46037 Contact: scott wulforst Email: scott.wulforst@sbdinc.com Phone: 775-287-8110 HST#: 20-1044950 Submission Details Created On: Tuesday January 26, 2021 12:44:15 Submitted On: Thursday March 04, 2021 15:09:01 Submitted By: scott wulforst Email: scott.wulforst@sbdinc.com Transaction #: 8abbc113-6027-492a-aaa5-89cb83cc7b09 Submitter's IP Address: 104.129.202.89 Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank-, mark "NA" if the question does not apply to you (preferably with an explanation). Line Item ---- — - Question ---- -- — -- - ----- - Response - 1 Proposer Legal Name (and Stanley Convergent Security Solutions, Inc. applicable d/b/a. if any): (Stanley CSS) 2 Proposer Address: 8350 Sunlight Drive Fisher, IN 46037 3 Proposer website address: http://www.stanleycss.com/ https://www.stanleysecuritysolutions.com www.integrator.com https://www.stanleyaccess.com https://www.stanleyhealthcare-com '4 Proposer's Authorized Scott Wulforst Representative (name, title. Director of Corrections & State Local Government address, email address & phone) 8350 Sunlight Drive (The representative must have Fishers, IN 46037 authority to sign the "Proposer's scott.wulforst@sbdinc.com Assurance of Compliance" on 775-287-8110 behalf of the Proposer and. in the event of award, will be expected to execute the resulting contract) I5 Proposer's primary contact for this Scott Wulforst proposal (name, title, address, Director of Corrections & State Local Government email address & phone): 8350 Sunlight Drive Fishers, IN 46037 scott.wulforst@sbdinc.com 775-287-8110 ,6 Proposer's other contacts for this Christi Tinch proposal, if any (name. title, Contracts Administrator address, email address & phone): 8350 Sunlight Drive Fishers, IN 46037 christi.tinch@sbdinc.com 317-626-2905 Table 2: Company Information and Financial Strength Line Question Item (Response Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: gE90C664-D01B-4757-88BF-CF8C5D7FBBF8 7 Provide a brief history of your company, We understand that in a complex world, it is not enough to solve the challenges of including your company's core values, today, we need to be ready for the opportunities of tomorrow. That is why we are business philosophy, and industry longevity for those who make the world progress. For the decision -makers that drive our related to the requested equipment, products communities, livelihoods, and businesses. That is why we are committed to or services. empowering protectors. As part of Stanley Black & Decker (NYSE: SWK), we strive to be the trusted name for those protectors, by designing, installing, monitoring and servicing integrated security and fire safety solutions. STANLEY Security is the world's second-largest electronic security company' — and with over 5, 000 employees worldwide across 200 offices, we have the knowledge, expertise and resources to provide a personalized service for virtually any customer. We partner with organizations from a wide range of sectors — including telecom, retail, education, healthcare, government, finance, transport and logistics — in over 60 countries. This ensures we deliver solutions that secure our customers' most valued assets while providing intelligence to effectively and efficiently assess risks and opportunities to plan for the future. Through our expertise, insight and technology, the STANLEY Security network empowers protectors who make our world progress. In 1843, Frederick Stanley started a small shop in New Britain, Connecticut, to manufacture bolts, hinges and other hardware. In 1910, Duncan Black and Alonzo Decker started their shop in Baltimore. Maryland, dedicated to manufacturing the world's first portable power tool. Today, Stanley Black & Decker is a leading diversified industrial, driven by a commitment to serve the builders, makers and protectors of the world. We are proud of our 175 years of heritage 8 What are your company's expectations in the Stanley CSS's expectations in the event of an award, would be to bring the best event of an award? possible experience to each Sourcewell member that trusts to utilize our services. Each touch we have with a member has a broader impact to our organization and its business units. With the trust of our customers, allows for deeper more fulfilling, engaging partnerships. This goes well beyond the initial request and interaction, our experience and tenure in the space affords Stanley as well as Sourcewell members with this opportunity. 9 Demonstrate your financial strength and See Attached "Form 10-K" stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 10 What is your US market share for the 2021 is forecasted to be 40B USD in the US for Electronic Security according to solutions that you are proposing? Statista. Based on this forecast, our US business has 5%of the security market. (Categories vary) 11 What is your Canadian market share for the 2021 is forecasted to be $323M USD in Canada for Electronic Security according solutions that you are proposing? to Statista. Based on this forecast, our Canadian business has 23% of the security market. (Categories Vary) 12 Has your business ever petitioned for NO, Stanley CSS has never petitioned for bankruptcy. bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is Stanley CSS is best described as a dealer / service provider. Stanley CSS, it a manufacturer, a distributor/dealer/reseller, together with our global enterprise manufactures of security products develops, or a service provider? Answer whichever designs and recommends solutions for the global markets. As a leader in the question (either a) or b) just below) best industry our manufactures look to us to assist in the development and installation of applies to your organization. new products. a) If your company is best described as a distributor/dealer/reseller (or similar entity), As a service provider Stanley CSS counts on its 700 hundred plus professional provide your written authorization to act as a sales and service providers to interface with our customer base. Each of these distributor/dealer/reseller for the manufacturer individuals are employed full-time. of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: gEgOC664-D01B-4757-88BF-CF8C5D7FBBF8 14 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 15 Provide all "Suspension or Debarment" information that has applied to your organization during the past ten years. See "CSS Company Licenses for Sourcewell" Information on use of Subcontractors. Subcontractors warrant and represent that they are an independent contractor qualified to perform the Work and properly licensed and trained as an installation and service professional qualified to perform the agreed services. Subcontractors will, at its sole expense (i) give notices and comply with all laws. rules, orders, ordinances and regulations of all governing bodies having jurisdiction bearing on performance of Work; (ii) secure and pay all necessary permits, governmental fees. licenses, and inspections regarding the Work, (iii) comply with applicable federal, state and local tax laws regarding social security acts and unemployment acts and workers' compensation, and salaries or other remuneration paid to Subcontractors employees whether levied under existing or subsequently enacted laws, rules or regulations; (iv) only employ or utilize workers with a legal right to work in the United States: (v) conduct a criminal background check of its employees and shall exclude from any direct participation in the performance of the Work any dishonest. unreasonably dangerous or otherwise unqualified persons. In so doing, Subcontractors will abide by all applicable laws. rules and regulations including, but not limited to, the Fair Credit Reporting Act; and (vi) comply with all applicable laws, rules. regulations and ordinances relating to its employees and its applicants for employment. including, but not limited to, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Civil Rights Act, the Americans with Disabilities Act. the Employee Retirement Income Act (all as amended), and any other applicable laws, rules, regulations or ordinances regarding the classification of Subcontractor's workers as its employees. Subcontractors shall take all safety precautions and shall comply fully with all state and federal laws. orders, citations. rules, regulations, municipalities regarding occupational health and safety, the handling and storage of hazardous materials, accident prevention. and safety equipment and practices, including but not limited to the accident prevention and safety program of STANLEY and Customer. Subcontractors shall purchase and maintain at the Subcontractor's own expense. full and complete insurance on its performance of the Work. Subcontractors will be responsible for all deductibles under their insurance policies. Coverages. written on an occurrence basis, shall name STANLEY as an additional insured and shall be maintained without interruption from date of commencement of the Subcontractor's Work until date of final payment and termination. Certificates of insurance acceptable to STANLEY shall be provided to STANLEY prior to the commencement of any portion of the Work and annually thereafter. Coverage shall continue for two (2) years following acceptance of the Work by STANLEY and Customer or as otherwise requested by STANLEY, as follows: i) Worker's Compensation (if applicable) — Statutory ii) Worker's Compensation — Employer Liability (if applicable) • Bodily Injury per Accident - Each Accident - S1,000,000 • Bodily Injury per Disease Each Employee - $1.000,000 • Bodily Injury by Disease Policy Limit - $1,000,000 iu) Commercial General Liability including Products Liability: Per Occurrence (Claims made policies are not acceptable) • Each Occurrence - $2,000,000 • General Aggregate - $2,000.000 • Products -Completed Operations Aggregate - $2,000,000 (if applicable) iv) Automobile Liability — Each Accident - 51,000,000. If no vehicles are owned or leased. the Commercial General Liability Insurance shall be extended to provide insurance for non -owned and hired automobiles. Limits of liability requirements may be satisfied by a combination of motor vehicle liability and umbrella excess liability Stanley CSS has NO "Suspension or Debarment" actions, Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 Table 3: Industry Recognition & Marketplace Success Line Item Question Response 16 Describe any relevant industry awards or Corrections Market Partner of the Year Award - Axis Connect & Converge recognition that your company has received Conference, 2020 in the past five years Integrated Installation of the Year Award - Baltimore Youth Detention Center, SAMMY Awards 2019 Innovative Product Award - STANLEY IntelAssure, ASIS International 2018 Secure Campus GOLD Award - STANLEY Guard, Security Today 2018 Most Valuable Product of the Year Award - STANLEY IntelAssure, SSI 2018 Security Project of the Year Award - Sedgewick Co. Adult Detention Facility, SD&I 2017 Empowerment Award, Wounded Warrior Project 2017 Most Valuable Employer Award for Military from Civilianjobs.com, 2016 New Product of the Year Award - STANLEY Guard, SIA 2016 17 What percentage of your sales are to the Stanley CSS Government sector sales for the last three years: 6% governmental sector in the past three years 18 What percentage of your sales are to the Stanley CSS Education sector sales for the last three years: 9% education sector in the past three years 19 List any state, provincial, or cooperative Stanley CSS holds both cooperative contracts and state master contracts for the purchasing contracts that you hold. What is following the annual sales volume for each of these Valuepoint: $5,500.000 per year contracts over the past three years? State of Massachusetts - $1,125.000 per year State of New York - 2.000,000 per year 20 List any GSA contracts or Standing Offers Stanley holds contract with GSA and is in good standing and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for 2018 $4,635,182 each of these contracts over the past three 2019 $3,228,822 years? 2020 $674,323 Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name Contact Name * Phone Number* Hamilton County Sheriffs office Dan Stevens 317-776-9719 'Northern Arizona University Brett West 928-552-6463 City Of Las Vegas Dianna Wilson 702-229-1051 Williamson County Christi Stromberg 512-943-3377 'Toho Water Authority Chris Wilson 407-709-0106 Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entit Name Entit T Stat/ y y ype je Province Scope of Work Size of Transactions Dollar Volume Past Three Years I State of Government Nevada - NV Integrated Access Control, Video $200 5295.000 $2.324,589.54 Nevada Surveillance, Intrusion alarm systems. State of Government Washington - integrated Access Control. Video $185 $118,000 $4,512,486.47 Washington WA Surveillance, Intrusion alarm systems. University of Education Kentucky - KY Campus wide video surveillance. 5220 S251,000 $2,194,693.70 Kentucky access control and central command post. Williamson Government Texas - TX Upgrade Williamson County's $356 - S154,357 $1.169,801.28 County access control and Intrusion alarm systems. State of Government Missouri - MO Integrated Access Control, Video 252.00 - $519.000 $1,728,145.26 Missouri Surveillance, Intrusion alarm systems. Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada. as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line (Question Item Response Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 23 24 Sales force. Stanley CSS has over 500 professionally trained consultants nationally available to support the Sourcewell membership. Each of our consultants is a full-time direct employee. Our consultants become the single point of contact and account manager through the initial life of the projects and assist with developing standards for security and fire protection, access control, monitoring, and any ongoing services. We also have regionally place Field Sales Engineers(FSE) available to support our consultants and the membership with large complex sales. Dealer network or other distribution methods. Our Consultant will establish system design, pricing. installation, service, and billing for your facilities and agencies to drive consistency across locations and meet your requirements. We can streamline your interaction by making just one phone call to your consultant instead of synchronizing security with several companies. While some security providers offer a limited -service based on their expertise—STANLEY can accept responsibility for multiple critical building functions including fire, security services, and central monitoring —at every one of your locations. Customized Activity Reports: Our Customized Activity Reports keep you abreast of important building events and expenses. You can even access the data or activity for your facilities online, in real- time via our HQ platform. Global Reach. Local Touch: With over 110 offices in North America. and operations around the world. STANLEY is a true National Account provider providing global security support. Complete Transparency: STANLEY provides a true business partnership with an 'open book approach" through our Performance Scorecard. Monitoring Expertise: With four UL, ULC, and FM Approved ProtectionNet Customer Service Centers in North America. and around the globe, we provide a dedicated bilingual monitoring team and redundancy for disaster recovery. Customized Billing: STANLEY provides Customized Billing for our Sourcewell Member Customers, including combined billing. which lists all recurring expenses on one invoice. Stanley CSS through its national coverage, utilizes and manages its own branches through the Untied States and Canada. These one hundred and ten (110) locations are full -service locations. All facilities support the local sales, installation, and service for the members in these areas. Account Management — We have knowledgeable security account managers available nationwide to ensure our clients are receiving the security solutions and services they need. STANLEY Security provides centralized customer and administrative support. with a single point of contact for all your locations regionally and nationally. Installation — With offices in areas across the U.S. and Canada, we have skilled and certified local installation technicians who can deliver on -time, on -budget installations to meet our clients' needs. Service — STANLEY Security delivers exceptional service to our customers by employing knowledgeable and highly trained local technicians to perform service on our clients' security systems. Also, regularly scheduled preventative maintenance and service plans are available to protect our clients' security investments and reduce downtime. Monitoring — STANLEY Security owns and operates four UL-. ULC-. and FM - approved Protection Net TIJ Customer Service Centers in the U.S. and Canada to provide reliable, 24/7, bilingual monitoring for our clients' security systems with automatic communication redundancy to ensure constant protection. Billing — STANLEY Security strives to offer seamless, trouble -free billing services to our customers, and provides visibility into billing activities through HQ. For our National Account customers, we provide centralized billing services and national pricing for all your locations. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-Do1 B-4757-88BF-CF8C5D7FBBF8 25 Service force. STANLEY Security takes a holistic approach toward security system installation and service; one that's focused on creating effective, sustainable security solutions for protecting what's important to you. For more than 30 years, our company has secured facilities in locations across North America and around the world for a broad range of industries. We have over 1500 certified and highly trained professionals ready to handle every stage of your security project, from initial planning and security system design to installation and integration. STANLEY Security offers a full array of repair services, planned maintenance programs, and equipment modernization programs. Our technicians are trained to inspect, troubleshoot, repair, and modernize all aspects of your security system. We will repair or replace components as specified by your organization. including a wide range of competitors' products. To avoid unexpected costs. we also offer a range of Service Plans to meet your business's needs. STANLEY holds our technicians to the highest standards to ensure that they are properly trained and certified according to all industry requirements. STANLEY also maintains a national service network that offers a full line of service solutions. In addition, we have established relationships with service partners to expand our service capabilities and reach throughout North America. Our technicians are available 7 days a week. 24 hours a day. We also provide a full range of support services that help implement your security system during every step of the process, including: System design - STANLEY has the experience and expertise to offer complete system design and integration services. Software support - Our team can manage software updates, perform annual or monthly inspections, troubleshoot technical issues, and much more. Preventive maintenance for security systems - Our expert technicians can repair or maintain your security equipment to ensure that it's fully functional. If you prefer to avoid unexpected expenses, we can provide a service plan with a level of support that suits your needs and a price that fits your budget. Fire monitoring tests and inspections - STANLEY Security professionals can provide the regular inspections and repairs needed to ensure your fire monitoring and sprinkler alarm systems are working properly . Embedded support - We can embed a variety of security specialists, from system technicians to applications engineers, at your facility to temporary or permanently provide the on -the -ground assistance you need Security system installation and service are two of the Five Customer Touchpoints that we excel in, and we are committed to excellence wherever they are concerned. This is why we take extra steps to ensure client satisfaction. such as sending photos of our technicians before their arrival and providing clear project timelines for all of our work. By also exceeding expectations in the remaining Customer Touchpoints - monitoring, billing, and account management - we have become an industry leader when it comes to customer service, offering security solutions with a global reach and local touch. 26 Describe in detail the process and Stanley CSS maintains a 75% response time within one business day. Most within procedure of your customer service 48 hours. Urgent or priority issues are treated accordingly and are typically handled program, if applicable. Include your with same day response. Depending on the time of day the issues or service call response -time capabilities and is received and documented, an emergency grade response may be required, and commitments, as well as any incentives resolution delivered after standard business hours. 24/7 Technical assistance through that help your providers meet your stated our centralized dispatch team will also be available to all Sourcewell members. service goals or promises. 27 Describe your ability and willingness to Stanley CSS is a global organization and has a State. Local and Educations provide your products and services to department dedicated to supporting our partners in this vertical. All departments Sourcewell participating entities in the within Stanley are fully aware of our responsibility to support the Sourcewell members United States. and deliver best in class service. All members are treated with "white glove" care. Our sales staff is trained and educated on government contracting, how to interface with members. grow their markets and how to utilize available tools. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 28 Describe your ability and willingness to Stanley CSS Canada is under the same leadership. provide your products and services to Sourcewell participating entities in Canada. In Canada. Stanley can trace its roots back to 1969 when Frisco Bay was founded. Acquired under the Stanley Security Solutions brand in 2003 we have been providing security integration for the past forty-nine years to some of the largest Fortune 500 and S&P 500 companies in Canada. Stanley Security Solutions has been providing Security Integration in Canada since 1969 (52 years). and in the US since 1981 (40 years). We operate under the Stanley "Winning Formula" throughout North America. Our mission is to continue be a financial stable Fortune 500 corporation who demonstrates profitable organic growth year over year. We do this by understanding that we have commitments that have to be met to our customers and to our shareholders. Finally, we deliver on those commitments through Vertical Market Growth, protecting our Core through long standing and mutually beneficial customer partnerships and maintaining those relationships through flawless execution in the field. Stanley CSS is a global organization and has a State. Local and Educations department dedicated to sup porting pporting our partners in this vertical. All departments within Stanley are fully aware of our responsibility to support the Sourcewell members and deliver best in class service. All members are treated with "white glove" care. Our sales staff is trained and educated on government contracting, how to interface with members. grow their markets and how to utilize available tools. 29 Identify any geographic areas of the United Stanley CSS has a global presence and as such. our services are provided to all States or Canada that you will NOT be Sourcewell members in North America. fully serving through the proposed contract. 30 Identify any Sourcewell participating entity Stanley CSS has full coverage in North America and commits to servicing all sectors (i.e., government, education. not -for- Sourcewell members. Stanley does not hold any contracts that limit our ability to profit) that you will NOT be fully serving promote Sourcewell nationally or regionally. through the proposed contract. Explain in detail. For example, does your company have only a regional presence. or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements Stanley CSS supports all of North America to include Hawaii, Alaska and US or restrictions that would apply to our Territories. participating entities in Hawaii and Alaska and in US Territories. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D016-4757-88BF-CF8C5D7FBBF8 Table 7: Marketing Plan Line Item Question Response' 32 Describe your marketing strategy for Stanley CSS has developed our annual strategy for promotion of our Sourcewell promoting this contract opportunity. partnership targeting local and state government entities. This strategy - which will include Upload representative samples of your several opportunities to market through various channels including email.. social media, marketing materials (if applicable) in paid advertising and webinar — will provide support in driving toward our overall business the document upload section of your objectives in the SLED market. In addition to these channels, we are also building a response. SLED -focused email nurture stream that will provide thought -leading information to our targeted contacts on a regular cadence in order to reinforce our reputation as a knowledge leader in the SLED industry. 33 Describe your use of technology and To enhance our marketing effectiveness. Stanley CSS work's with our consulting agency of digital data (e.g., social media, record to utilize tools such as SEC, ad retargeting, sponsored advertising via social metadata usage) to enhance media and improved metadata tagging. In addition to these digital tools, we have also marketing effectiveness. invested in a few third -party platforms to improve our customer segmentation and obtain market insight into the SLED (State, Local & Education) vertical to further advance our marketing efforts. 34 In your view. what is Sourcewell's role Stanley CSS's see's an awarded Sourcewell agreement as a way to continue to provide in promoting contracts arising out of a HIGH level of support to the Sourcewell membership. Sourcewell should be a conduit this RFP? How will you integrate a to advise its membership on new trends, solutions and opportunities that can benefit the Sourcewell-awarded contract into your membership. Stanley CSS, has internal training programs available to its national sales sales process? team that integrate with our marketing teams. Our cross business function also provide insights so the Sourcewell membership can access our Stanley Healthcare and Stanley Access Technologies divisions. All these solutions and trends are communicated to our Sourcewell account manager to determine if it is appropriate to communicate to the larger membership or a cross section of agencies. 35 Are your products or services Currently Stanley CSS suite of solutions are not available through an e-procurement available through an e-procurement ordering process, however this is something that our organization is working towards for ordering process? If so, describe your the future and has a path based on solutions our sister companies are using. e-procurement system and how governmental and educational customers have used it. Table 8: Value -Added Attributes Line Item Question Response - 36 Describe any product. equipment, Stanley CSS has several services that will enhance all Sourcewell member's experience. maintenance, or operator training Each member has access to our 24/7 technical assistance center. programs that you offer to Each member will receive "Free" access to Stanley CSS's security management Sourcewell participating entities. platform "HQ". HQ allows the member to manage and respond to their security needs Include details, such as whether smarter, faster. and from anywhere. Members can easily view the information they want, training is standard or optional, monitor locations, and access respond to notifications. who provides training, and any Stanley CSS has a physical "Solutions Center" which is available to all of Sourcewell costs that apply. members. The solutions center located in Fishers. Indiana, highlights Stanley Security's comprehensive solutions by showcasing everything from access control, intrusion protection, and video surveillance. to biometric technology, and morel Solution -specific demonstration areas allow visitors to experience a one -of -a -kind, tailored approach to the security needs and challenges for any unique environment. An important part of implementing new security technology is ensuring your employees and staff understand the technology and how to run it efficiently. STANLEY Security can provide training on -site at members' facilities. online, or our Learning Center training facility in Indianapolis. IN. Our classroom courses in the STANLEY Learning Center provide extensive hands-on experience for security end -users, to help them fully understand how to administer a security system. Our three-day administration class allows end -users to learn about those operations that are necessary for the day-to-day administration of a Lenel system (monitoring events, running reports, managing cardholders, etc). Also. STANLEY offers a five -hour webinar course on the administration of a Lenel access control system. Our five-day system installation and service class provide an opportunity for end -users to learn basic information about installing and servicing a Lenel access control system. To ensure the best training experience, each person taking a training course has his or her own (See Attachment "2021 C1 & 02 Virtual Class Training Catalog 12142021" 37 Describe any technological Intelligent video surveillance. AI -powered self -learning analytics and cloud/VSaaS solutions sit advances that your proposed at the core of the evolution we're experiencing in physical security technology development. products or services offer. The capabilities and actionable data these solutions provide introduce a seemingly limitless number of applications that businesses can leverage to address facility safety and security concerns. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 138 Describe any "green" initiatives The attached document covers our green initiatives in detail. Currently there is not a that relate to your company or to certifying agency that we are partnering with, your products or services. and "2017 SBD Corporate Sustainability Report" include a list of the certifying agency for each. Green Initiatives: Reduce operational energy consumption by 20% Reduce operational water consumption by 20% Reduce operational waste by 20%; 80% of the total waste generated to have a reuse of recycling disposition Reduce carbon emissions by 20% and source 10% of global energy demand with renewable energy 39 Identify any third -party issued eco- Stanley Black & Decker had adopted and utilizes many global manufactures that utilize and labels, ratings or certifications that have adopted "eco friendly" methods into design and installations. your company has received for the equipment or products `SEE ATTACHMENT (SBD Corporate Sustainability Report) included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. 40 Describe any Women or Minority Stanley Convergent Security Solutions, Inc., does not qualify under WMBE or SBE; Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that i your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 41 What unique attributes does your Stanley CSS has adopted a "One ecosystem" concept called UNA (TM) that will play a company, your products. or your major part in how our company supports our products and services. services offer to Sourcewell participating entities? What makes SECURE YOUR NETWORK. your proposed solutions unique in Your facility relies on staying connected, but a surge in employees' working reports has your industry as it applies to introduced new cybersecurity threats to your organizations. Every day caper -attacks become Sourcewell participating entities? more sophisticated and grow in number, make you increasingly vulnerable. Whether you operate from one location or thousands, UNA solutions safeguard your agency's networks by helping to eliminate threats - so you can run your facilities with peace of mind. PROTECT YOUR PEOPLE: As your most important asset, the safety of your people is paramount. With UNA'" health, safety, and security solutions, you can identify and minimize threats, and ensure policies and procedures are in place. UNATM gives your employees the confidence and peace of mind to be focused and productive — wherever and whenever they work. MANAGE YOUR OPERATIONS: Whatever industry you operate in, you need to safeguard against inefficiency. UNA"' smart solutions improve procuring by optimizing operations and delivering the information you need, only when you need it. Data generated from automated operations connect and provide insights that identify patterns to drive more efficient and effective decision making — so you are ready for tomorrow, today. SAFEGUARD YOUR ASSETS: How do you keep your reputation, property, and valuable assets equally safe? UnA smart technology and remote support create an intelligent system that keeps a vigilant eye on your agencies. By automatically adapting to improve performance and solving problems before they develop. UNA"' delivers complete peace of mind, empowering you to focus on progressing your business. One ecosystem for one security, health, and safety experience designed around your needs. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 Table 9: Warranty/Performance Standards or Guarantees Describe in detail your manufacturer warranty program or performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty or performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response 42 Do your warranties cover all products. parts. and Yes. Stanley CSS Warranties cover all parts and labor. labor? 43 Describe any performance or service standards or Key Performance Indicators — We track our performance and have key guarantees that apply to your solutions (policies, performance indicators (KPI's) in place to catch and fix issues before they metrics. KPIs, response times, up -time guarantees, arise. Control towers in each of our locations visually track and improve etc.). performance, while guaranteeing successful installation and service. Site History — We keep a comprehensive record of installations and service performed at your locations to give us the information we need to continually serve you better. Guarantees are applies to service plans (See price book services) (See Attached Stanley Standard) 44 Do your warranties impose usage restrictions or Stanley CSS warrants that the equipment will be free from defects in other limitations that adversely affect coverage? workmanship for one year from the date the system is placed into operation. If during this warranty period.. any of the equipment or parts are defective or malfunction, they will be repaired or replaced free of charge. Warranty repair + is done 8 am4 pm Monday through Friday, excluding holidays. This warranty will not apply if the damage or malfunction occurs because the system has been adjusted, added to, altered, abused. misused, or tampered with by the Customer. 45 Do your warranties cover the expense of For local warranties. Stanley CSS cover the expense of the technicians technicians' travel time and mileage to perform travel time and mileage to perform warranty repairs. On projects performed warranty repairs? by our Corrections ! Stanley Access Technologies teams. Terms for warranties, travel time and mileage to perform warranty repairs is included in proposals. 46 Are there any geographic regions of the United Stanley CSS is a national provider with national coverage. All projects are States or Canada (as applicable) for which you supported by a warranty. cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 47 Will you cover warranty service for items made by This is will be considered on a case by case basis. other manufacturers that are part of your proposal. or are these warranties issues typically passed on to the original equipment manufacturer? 48 What are your proposed exchange and return 90 Day on box sale items and/or Manufactures Return Authorization (RMA) programs and policies? required. 49 Describe any service contract options for the Stanley provides service and maintenance items included in your proposal. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 Table 10: Payment Terms and Financing Options Line Item Question Response - 50 What are your payment terms (e.g., net 10, net 30)? Net 30 51 Do you provide leasing or financing options. especially Yes, leasing options are available. Stanley CSS manages and those options that schools and governmental entities may offers our SecurityPlus lease product as well and third party leasing need to use in order to make certain acquisitions? by request. 52 Briefly describe your proposed order process. Include Orders are entered into our processing system and marked with a enough detail to support your ability to report quarterly dedicated identifier to if they are utilizing the Sourcewell contract. sales to Sourcewell as described in the Contract template. Based on that identifier field we can pull information on all sold For example, indicate whether your dealer network is orders associated with the specific contract. All orders will be included in your response and whether each dealer (or processed through Stanley Convergent Security Solutions. Inc. some other entity) will process the Sourcewell participating entities, purchase orders. 53 Do you accept the P-card procurement and payment YES, Stanley CSS accepts the P-Card procurement and payment process? If so. is there any additional cost to Sourcewell process. participating entities for using this process? NO, there are no additional costs to Sourcewell for using the process. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question Item Response' Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 54 Describe your pricing model (e.g., line -item discounts or This agreement will apply to all Stanley Electronic Security North product -category discounts). Provide detailed pricing data American (ESNA) branches across the United States. Stanley (including standard or list pricing and the Sourcewell Security is a committed partner to providing solutions that are clear discounted price) on all of the items that you want in value, simple to understand, and easy to use. Our pricing Sourcewell to consider as part of your RFP response. If approach reflects these principles. applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the Labor Rates: document upload section of your response. The following labor rates apply for all installation work in the contiguous United States per the attached schedule. These prices represent a 5% discount off our prevailing National Account labor rates. Labor Rates are reviewed annually for adjustment. Equipment and Controls: For standard equipment and controls. our approach is a to use a markup of 39% over our cost. Custom solutions are individually configured, so pricing may vary. For miscellaneous third -party parts, subcontracts, and job services, our approach is to markup over our cost as verified by third part invoice to Stanley. Markup's may vary depending upon job conditions but will generally be in the 50% - 55% range. Services: For standard service offerings, our approach is to discount off our US List Price. Discounts may vary by the type of service performed but will generally be in the 10%-20% range. General Notes: 1. All labor rates are based upon standard hours. 2. Overtime rates (afterhours, Saturday, Sunday): 1.5 x Standard Labor Rates 3. Overtime rates (holidays) 2 x Standard Labor Rates 4. Per diem rates: Based upon location and type of work/services to be provided. 5. There is a minimum charge of 4 hours for all overtime work. 6. Labor rates may be updated annually at Stanley's discretion. (SEE ATTACHED "Sourcewell Member Price book (Stanley Convergent Security Solutions) 55 Quantify the pricing discount represented by the pricing The list prices represents approximately 5-30% discount from our proposal in this response. For example, if the pricing in commercial sales price. your response represents a percentage discount from MSRP or list, state the percentage or percentage range. 56 Describe any quantity or volume discounts or rebate Stanley CSS will consider discounts based on individual project. programs that you offer. 57 Propose a method of facilitating 'sourced" products or Stanley CSS shall provide quote/estimate for products and services related services. which may be referred to as 'open that considered "open market" and that are not included in market" items or "nonstandard options". For example, you proposed Sourcewell pricing. may supply such items "at cost" or "at cost plus a percentage." or you may supply a quote for each such request. 58 Identify any element of the total cost of acquisition that is Stanley CSS extends a complete turnkey price to all Sourcewell NOT included in the pricing submitted with your response. members, this shall include all costs associated with a project or This includes all additional charges associated with a box sale. purchase that are not directly identified as freight or shipping charges. For example. list costs for items like pre - delivery inspection, installation. set up. mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 59 If freight, delivery, or shipping is an additional cost to the when applicable, Stanley CSS includes shipping cost in price. Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. 60 Specifically describe freight, shipping, and delivery terms or Stanley CSS utilizes domestic shipping partners when delivery of programs available for Alaska, Hawaii, Canada. or any products are necessary to ship to Alaska, Hawaii, Canada, Puerto offshore delivery. Rico. Guam and other U.S. territories. Stanley also uses local partners to act as hubs when/if coverage is spotted. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 Describe any unique distribution and/or delivery methods or Stanley CSS uses its network of national branches as "HUBS" options offered in your proposal. and when available Sourcewell members will have the ability to pick- up products or when flexible and when available. Stanley representative or local technicians can deliver products directly. Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: Comments 162 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations. or state purchasing departments. Table 13: Audit and Administrative Fee Line Item Question Response' 63 Specifically describe any self -audit process or program that you SCSS utilizes a pre -loaded pricebook within its sales system plan to employ to verify compliance with your proposed Contract to ensure that the correct pricing is used when the with Sourcewell. This process includes ensuring that Sourcewell Sourcewell contract is selected as a purchasing vehicle. In participating entities obtain the proper pricing, that the Vendor addition, there is a commercial finance analyst that is reports all sales under the Contract each quarter, and that the included in the Delegation of Authority (DOA) as part of the Vendor remits the proper administrative fee to Sourcewell. approval chain that ultimately allows an order to proceed to booking who reviews the order for proper pricing. This process also ensures that the sale is captured in our system so that the finance team can subsequently pull the data into a report that is then used as a basis of calculating the administrative fee. The reporting due dates are calendared and tracked by contract administrators and other support staff who are trained on the requirements and work directly with the finance team to report the correct data and pay the corresponding administrative fee. 64 Identify a proposed administrative fee that you will pay to Stanley CSS shall pay 1%. Sourcewell for facilitating, managing. and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee, it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Item (Response Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D018-4757-88BF-CF8C5D7FBBF8 65 Provide a detailed description of the equipment, products, and services that you are offering in your proposal. STANLEY Security provides security system integration solutions for thousands of commercial buildings and campuses nationwide. With offices across North America, STANLEY Security is a leading security system integrator with a global reach and a local touch. Our security experts have undertaken system integration projects of all sizes and scopes, so whether you need security system integration for a corporate office or local offices, an enterprise solution for multiple manufacturing buildings, or a complex integration for a stadium, university, hospital, or large campus, we provide effective results with custom-tailored system integration solutions. STANLEY Security can partner with you to design and implement a scalable integrated security solution that addresses your toughest security challenges while gaining efficiencies across your systems and teams by standardizing platforms and implementing event -driving system automation. Plus STANLEY's powerful solutions help businesses increase security effectiveness, reduce risk, and eliminate the hidden costs associated with operating non-integrated security, facilities, and business systems. We have the experience and expertise to integrate a wide range of monitoring and security systems, including event -driven automation of the following systems: Access control systems Active Shooter Detection Alarm Monitoring Analytics & Management Automatic Sliding Doors Automatic, Blast & Bullet Resistant Doors Biometric Identification Carbon monoxide Detection Cloud Services Crisis Management Critical equipment/critical condition monitoring systems Critical Event Management (CEM) Elevator controls Emergency notification systems Fire detection alarms High -Security Intrusion Detection Systems Hold-up/panic button alarms HSPD-12/FIPS 201 Compliant Access Control Systems Human Machine Interface (HMI) Identity Management and High Assurance Credentialing Insight Data Analytics Intrusion alarms IoT System & Device Monitoring IT Alerting Mass Notification NDAA Compliant Video Surveillance Systems Personal & Physical Asset Tracking Personal Duress & Lone Worker Physical Access & Locking Hardware Physical Security Information Management System (PSIM) Safe, Vaults, & Other Locking Solutions System Integration Thermal Perimeter Detection UL2050 Central Station Monitoring and Nationwide Servicing UL2050 ICD-705 IDS Installation & Certification Services Video Surveillance Video surveillance camera systems Visitor Management Visual Command Center STANLEY's system integration team is comprised of degreed, certified, and highly skilled teams of application engineers, project managers, software developers, database administrators, system analysts, and security technology specialists dedicated to integrating and providing support for a wide range of security systems and software plafforms. STANLEY's Software Solutions Group has 50+ years combined experience managing physical security and IT platforms and can help you accomplish your security system integration objectives. Our system integration solutions combine multiple systems to create a comprehensive unified security solution. From one highly complex facilities to a sprawling multi -building campus, to security system integration across multiple sites, STANLEY will partner with you to design a security solution that meets your total security and integration needs. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 66 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. STANLEY ACCESS TECHNOLOGIES Automatic Sliding Doors - Automatic Swing Door Operators Revolving Doors Intensive care unit Doors Automatic Bi-Fold Doors Transit Doors & Gates Platform Screen Doors - Emergency Egress Doors - Platform Screen Gates - Emergency Egress Gates Automatic. Blast & Bullet Resistant Doors High Security Locks & Padlocks & Keying Systems STANLEY HEALTHCARE Hospitals & Clinics Patient Protection (Infants. Patients & Staff) Fall Management Real -Time Locations Solutions Asset Management - Temperature Monitoring Environmental Monitoring Contract Tracing Hand Hygiene compliance monitoring Patient Flow Staff Workflow Protection Solutions Cloud monitoring Solutions Senior Living Wander Management - Fall Management Emergency Call Nurse Call Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products. and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Category T Item g ry or ype Offered Comments 67 Alarm, alert. and signal Yes With an increase in awareness of domestic threats — whether it is an active shooter systems t- No situation. biological threat or weather -related event — there is a growing need to establish effective ways of notifying those that could be directly and indirectly affected. There are several solutions for notifying a population of an emergency or event. but before investing capital to purchase the latest solution, it is important to first review the various features for mass event communication that may already be in place as part of existing enterprise security solutions. The speed and completeness of how you handle such events can affect the productivity of your teams and can make the difference in avoiding millions of dollars in costs or lost revenue. For example, reducing the time to initiate response to IT outages from today's average of 25 minutes to 5 can save state agencies several million dollars a year. Interoperability links different systems, devices and applications to exchange, integrate, access and cooperatively use data in a coordinated way, to provide timely information to different groups. Mutualink accomplishes interoperability by enabling secure, on -demand voice. video and information sharing between enterprises and first responders. It connects multiple responding agencies. even if they have different communications systems. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 68 Building security r: Yes Stanley's Syntinel platform is the next generation control system for your facility. The non - automation and r No proprietary integration, lighting control, solution can be customized to meet your facility's specific requirements, and it can and occupancy detection integrate your solutions current systems into a single, easy to use, platform for complete security control. CUSTOMIZED CONFIGURATION Utilizing our industry leading platform. Syntinel offers a fully customizable, scalable solution that seamlessly integrates a wide range of products and services that meet or exceeds your facility's operational requirements. ADVANCED MULTI -TOUCH INTERFACE Syntinel is the only complete, multi -touch interface on the market today. Make informed decisions with centralized access to all security information. This full visibility and control at your fingertips leads to operational efficiencies and allows for quick assessment leading to faster response times. ROBUST DATA LOGGING & REPORTING Gain insights into facility trends, ongoing maintenance needs and day-to-day operations. The Syntinel interface maximizes displayed information in a user-friendly format while prioritizing activities in the event quick action is needed. SYSTEM HEALTH MONITORING Assure your system is always operating as intended. Get notified when a service issue exists, diagnose the problem, and recommend the specific solution to fix the issue leading to reduce system downtime. 69 Fire detection, sprinkler e. Yes STANLEY's Emergency Evacuation solutions combine the detection capabilities of our and suppression systems e- No advanced fire alarm with the capabilities of emergency evacuation to provide a comprehensive life safety system for your building. For larger buildings where fire evacuations can be complicated, STANLEY Security provides a variety of advanced capabilities. When our code -compliant alarm systems detect fires, they will not only alert authorities, but also activate the building's life safety evacuation and communications systems. This can provide a crucial channel between first responders and your building occupants, ensuring enhanced safety for all involved. i 70 Intrusion and breach r: Yes Installing reliable security systems is the easiest way for businesses to help prevent prevention and detection r No intrusion. STANLEY Security can design, install, service, and monitor effective security solutions systems for businesses in a wide range of industries including commercial, retail. healthcare, financial, education, government, and more. Utilizing motion detectors, glass - break sensors, magnetic contacts or sensors, and other electronic security devices from leading manufacturers including Honeywell. Sonitrol. Pacom. and others, our skilled technicians will build a comprehensive, intrusion security system that can detect any unauthorized attempt to access your facility, protecting your property, people, and assets. 71 Glass and window s Yes TANLEY Access Technologies proudly manufactures. installs, and services sliding. swinging, security. armor, and r No folding, transit/metro and revolving door systems, as well as an array of sensors. controls. ballistic applications and and security options. Our door systems can be seen on buildings around the world in a solutions wide variety of industries, including retail. hospitality, healthcare, education. restaurant, government and many more 72 Closed circuit television c Yes Gaining visibility and insight into your business can be a challenge. Whether you manage (CCTV), surveillance. and r No one location or 1,000, an effective video surveillance system serves as a crime deterrent recording solutions as well as a key method to capture and document security events on your premises. With STANLEY Security's video security solutions and CCTV security systems, we can keep an eye on your facility so you can focus on what matters: running your business. A security camera monitoring system is a critical component of a comprehensive security strategy. STANLEY is proud to offer the experience and expertise to design, install, maintain and upgrade a wide range of CCTV solutions to meet your unique business needs, as well as integrate with your existing systems. Whether you're looking for basic local video surveillance systems, or complex enterprise -class video surveillance for large campuses. STANLEY can deliver the solution you need. We provide security camera systems, onsite storage, and video management software. 73 Facility and parking Yes We understand that you need to regulate movement throughout your facility — you need to access control solutions r No let the right people in and keep the wrong people out when it matters most. Access control systems guard against uncontrolled points of entry. Doors propped open by wooden blocks, unauthorized access to sensitive areas and uncontrolled visitor access can be eliminated when using access control security. STANLEY Security provides multiple options when it comes to managing your access control system. Depending on your solution, we can provide either a software- or web - based management application, which your team can use to easily manage your access control security. Or, STANLEY can handle the administration of your access control system for you. including administering your badging and cardholder database. door access controls, managing door lock schedules and providing activitylexception reports as needed. Our four ProtectionNet"l Customer Service Centers in the U.S. and Canada provide 24/7/365 monitoring and support. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 74 Artificial Intelligence (AI) and robotic surveillance solutions r Yes e- No STANLEY is leading the way with innovative advances in big data and analytics, providing unparalleled visibility into your organization's activities and operations. Based on vast industry knowledge — whether retail, healthcare, or another sector — we are utilizing customized data, tools, and methodology to leverage best practices across your business. Delivering actionable intelligence and analytics like never before, STANLEY Insights"' will provide value to businesses through our leading edge business Analytics Solutions and Professional Services. 75 Facial recognition and r. Yes STANLEY Security thermal temperature screening provides a range of solutions to suit your thermal screening solutions r- No business needs. All are easy to install and easy to use and can be up and running in minutes, installed in lobbies. hallways and other key access points to help businesses, institutions and venues provide a safer environment for staff, customers and visitors. Thermal cameras identify elevated body temperatures and can alert organizations if a person's temperature exceeds a set threshold — such as 100.4° F, the CDC's definition of a fever — which can allow security personnel to decide if additional action is necessary. This enables your organization to be proactive in detecting elevated body temperature of people entering your facility, adding an extra layer of screening and protection for your employees and workplace as a whole. 76 Training. consultative. er Yes Reliable Alarm Monitoring Available through STANLEY Security's ProtectionNet "' Customer monitoring, and r No Service Centers In order to make a security system most effective. 2417 alarm monitoring administrative or technical is essential. STANLEY Security's Protection NetT'' Customer Services Centers employ the support services, and skilled security professionals and reliable equipment needed to effectively monitor all types supplies of security systems for everyone from homeowners to Fortune 500 companies. We fully own and operate five monitoring centers in the U.S. and Canada, providing us with ample monitoring capabilities for our clients all across North America. Each is UL, ULC, and FM approved as well as staffed 24l71365 with a bilingual team, so our clients can feel confident that we'll be available to identify and appropriately respond to any emergencies at their properties. Providing reliable alarm monitoring is one of the Five Customer Touchpoinls in which we are committed to excellence, so we never compromise when it comes to delivering these services to our clients. We also excel in the areas of security system installation and service, providing overall best -in -class support to our customers. Whether you need new security solutions installed, are looking to integrate your existing systems. or simply want the best monitoring service available, STANLEY Security can deliver it. Table 15: Industry Specific Questions Line Question Response' Item 77 If you are awarded a contract, provide a SCSS if awarded a contract uses several software platforms to monitor and track few examples of internal metrics that will the activities surrounding this contract. These platforms monitor sales, marketing, be tracked to measure whether you are finance. operations and customers service. having success with the contract. Sales Activity Tracking: Sales activity based on overall usage Sales activity based on vertical and sub verticals Sales activity based on territory and regions Digital Marketing Campaigns - Track campaigns to vertical and sub vertical in the SLED space 78 Describe any safeguards included in your SCSS uses appropriate technical and organizational measurers to ensure security — proposed solutions that protect including protection against unauthorized processing, accidental loss, destruction or participating entities' sensitive information. damage. These technical measures include systems with encryption, virus protection, firewalls. access restrictions, etc. 79 Explain your organization's approach to cyber security as it relates to your proposed solutions. Stanley Black & Decker maintains a Global Privacy Office that employs a team to ensure compliance and issues guidelines, policies and conducts training to ensure adequate security measures are in place. Part of these guidelines include the following: The use of technical and organizational measurers to ensure security — including protection against unauthorized processing, accidental loss. destruction or damage. Technical measures include systems with encryption, virus protection, firewalls, access restrictions. etc. Organizational measures or processes including: • Ensuring password protection on email attachments that contain personal data, using only approved methods for sharing data with third parties. • Saving personal data to central locations that are access restricted, and having procedures in place to review that access on a periodic basis • Reporting any concerns about the processing of personal data to appropriate teams. • Where there is any concern (even if the employee is uncertain) about the security of personal data, this must be raised to immediately. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 80 Describe how emerging technologies are We're witnessing one of the biggest transformations of security in modern history. or will be incorporated in your proposed solutions. COVID-19 has challenged us as a society to rethink how we view security. The scope and role of security have expanded from protecting physical and digital assets to promoting safer, healthier and more efficient environments. This has prompted a rapid shift from analog and disparate to digital, louchless and highly integrated. As a result, organizations are now looking for an ecosystem of security solutions that can not only help protect their people and assets. but also drive their growth in the new economy. At the same time, the pandemic has accelerated innovation and data transformation. As an industry, we're now three to four years ahead of where we would have been - and customer expectations have evolved at a similar rate. For years. a general reluctance to move to the cloud has prevented widespread adoption of cloud -hosted and "as -a -service" (XaaS) solutions. Now more than ever, organizations understand how critical remote administration capabilities are in managing their people. assets and facilities in the future. Coupled with that is their need for real-time insights powered by Big Data, artificial intelligence (AI) and machine learning (ML). As organizations have access to more security data, Al and machine learning are vital in extracting key insights and identifying patterns that can drive more efficient and effective decision -making. All of these shifts are laying the foundation for a more predictive and proactive future - and one that's characterized by data -driven insights and frictionless experiences. In a world defined by complexity and uncertainty, the future of security is integrated, seamless and simple, so organizations can keep their people safe, safeguard their assets, protect their networks and manage their operations. Along with the many challenges that the global pandemic has presented, we're seeing new opportunities for organizations to adapt and thrive. The key to resilience in 2021 will be organizations' ability to recover, repair, revitalize and reposition - and security must be an integral part of that process. - Using Security to Mitigate Health & Safety Risks - Solving the Threshold Management Equation - Cybersecurity & The Emergence of a New Perimeter - The Rise of Cloud Solutions and the XaaS Delivery Model - The Virtualization of Security Management - Leveraging Security Data to Improve Operations - New Privacy & Data Governance Considerations - The Transition to Touchless - Increased Demand for Flexible, Scalable and Integrated Solutions SEE ATTACHED: "2021 INDUSTRY TRENDS REPORT" 81 Explain how your organization has Tracked employee absence to ensure coverage for service, provided PPE and adapted to provide effective service during specific pandemic training for employees. developed a Clean Touch Certification for the ongoing COVID-19 pandemic. technicians. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasucy.goy/ofac/downloads/sdnIist.pd ; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Scott Wulforst, Director of Corrections & State Local Government, Stanley Convergent Security Solutions, Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r- Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum_8_Facility_Security_RFP 030421 Thu February 25 2021 04:41 PM Addendum_7_Fac it ity_Secu rity_RF P_030421 Wed February 24 2021 01:48 PM Addendu m_6_Fac it ity_Secu rity_RFP_030421 Thu February 18 2021 12:56 PM Addendum_5_Fac i I ity_Security_R F P_030421 Wed February 10 2021 04:31 PM Addendum_4_Facil ity_Secu rity_RFP_030421 Thu February 4 2021 03:25 PM Addendum_3_Fac i I ity_Sec u rity_R F P_030421 Tue February 2 2021 02:17 PM Addendum_2_Facil ity_Secu rity_RF P_030421 Thu January 28 2021 01:03 PM Addendum_1 _Fac ility_Secu rity_R F P_030421 Tue January 19 2021 12:31 PM r17 4 Bid Number: RFP 030421 Vendor Name: Stanley Convergent Security Solutions DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 This Addendum is dated this Sourcewell Agreement No. _ (hereinafter "SCSS") day of Exhibit A Monitoring Terms and Conditions and attached to and incorporated by reference into that and PO No. (hereinafter "Agreement"), between (hereinafter "Customer") and Stanley Convergent Security Solutions, Inc. This Addendum is intended to modify and/or clarify the Agreement as it pertains to the Monitoring Services provided by SCSS under the Agreement. If a conflict or inconsistency exists between the Agreement and this Addendum, then this Addendum shall prevail. 1. Payment. Customer agrees to pay SCSS: For monitoring and service of the system(s) Customer agrees to pay SCSS ❑ monthly, ❑ quarterly, ❑ annually, in advance of such services. 2. Liquidated Damages and SCSS's Limits of Liability. A The parties agree that SCSS is providing a system and/or service designed to reduce the risk of loss only; that the payments provided for herein are based solely on the value of the system and/or services as described herein and are unrelated to the value of any property located on Customer's premises; that SCSS is not liable for losses which may occur in cases of malfunction or nonfunction of any system provided by SCSS or that SCSS is not liable for losses which may occur in the monitoring, repairing, signal handling or dispatching aspects of the service or failure of performance, with the exception of SCSS's gross negligence, willful misconduct; that SCSS is not liable for losses resulting from failure to warn or inadequate training, that SCSS is not an insurer; and that insurance covering personal injury, property loss, and damage to and on Customer's premises must be obtained and/or maintained by Customer. Customer understands that it is Customer's duty to purchase such insurance: that SCSS offers several levels of protection and services and that the system and/or service described in the Schedule has been chosen by Customer after considering and balancing the levels of protection afforded by various systems and the related costs. The Agreement shall confer no rights on the part of any person or entity that is not a party hereto, whether as a third -party beneficiary or otherwise. B. IT IS AGREED THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE IN SITUATIONS WHERE THERE MAY BE A FAILURE OF THE SYSTEM AND/OR SERVICES PROVIDED, DUE TO THE UNCERTAIN NATURE OF POTENTIAL DAMAGES AND/OR VALUE OF CUSTOMER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PROTECTED PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED. DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT, INCLUDING LOSS, DAMAGE, OR INABILITY TO OR IMPAIRMENT OF ACCESS TO CUSTOMER DATA, INABILITY OF SCSS TO GUARANTEE POLICE, FIRE DEPARTMENT AND MEDICAL ALERT RESPONSE TIME. AND ESTABLISHING A CAUSAL CONNECTION BETWEEN THE SYSTEM OR SERVICE PROBLEMS AND CUSTOMER'S POSSIBLE LOSS OR INJURIES TO THIRD PARTIES. THEREFORE. IF LIABILITY IS IMPOSED ON SCSS, ITS EMPLOYEES. AGENTS OR REPRESENTATIVES, FOR PROPERTY DAMAGE OR PERSONAL INJURY, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE ANNUAL SERVICE CHARGE FOR THE PARTICULAR LOCATION INVOLVED OR $10,000 WHICHEVER IS LESS. THIS SUM SHALL BE PAID AND RECEIVED EITHER (1) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, OR (II) AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES. THE PAYMENT OF THIS AMOUNT SHALL BE SCSS'S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETHER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS AGREEMENT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF SCSS, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. IF CUSTOMER WISHES SCSS TO INCREASE THE AMOUNT OF THE LIQUIDATED DAMAGES OR LIMITATION OF LIABILITY AS PROVIDED ABOVE, CUSTOMER MAY OBTAIN FROM SCSS AN STANLEY Convertlent Smc-ltr Solutions. Inc Lwense Inlnnnation fas of 03-02-2021). AK 1003306 104891 AL lift 1278, 1322; 1472, Comtaamts may be dveaed to Alan— Ela v—, Security B-11 of L¢ensurn, 79M Vaughn Rd.. Montgomery, AL 36116 (334) 264-9388. 48682: AZ ROC204975. AR 032977; CMPY.00O 1911, Regulated by Arkansas Bd of Pnvate Investgators and Prnate Seamy Agencies. $0 State Police Plaza Dr, Ldit Rock, AR 722N 1 501 ) 618-8600. CA "8019 - C70. LCO5911; AC08055. Alarm company operators are beensed and rewl led by the Bureau ofSeanty 8 Investigative Servioes, Dept. of Constaner Affairs. Sacmmmto. CA 95814: CT ELC01W51-L4 DE Da-158; FAL-0001 FL EF20001345. GA 439701: HI 36390; IA AC-211-. ID 015930. 022726-AA-4: IL 127001274: KY 338 (LouisvMieC LA F1162; FB75: F 1277: 61931 MA 12737A: MD 107-1828; 259: MI 5103423. 36012076110: MN TS001238: MS 19207-SC: 15024172. MT FPL-BEL-000132. NC 23471-SP-FA/LV; 1839-CSA, Alarm Systerns Ln�nsrog 8d.. 3101 Industnal Drive. Ste 104. Ralegh, NC 27609(919)788-5320; NO'. 35031 Class C Cordrauor - cantracl knee not to exceed 5300,000 NH 0424-C: NJ 1074485. 659423; Burglar Alarm Business L w:. a 34BXD0022000: NM 374554: NV F401 E350; 0071024: NY 12000293169, Lrcensed by NYS Dept of StateOH 53-WI512 OK 953: OR 161567. PA 032736: RI 9448A TSC 4996; SC FAC3367: BAC5501 IN 1180: 1448 1650. 1446-. 2026. C E-O 85528' TX ACR2639. ECR1821; B02140: UT 5704068-6501: VA 2705087235A, 11-5481-, WA STANLCS925MZ: WV 045298 WI 969322 WY LV-G-23879 Pane 1 of 5 DocuSign Envelope ID: 9E90C664-Do1B-4757-88BF-CF8C5D7FBBF8 ADDITIONAL AMOUNT OF LIQUIDATED DAMAGES OR LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL MONTHLY SERVICE CHARGE TO SCSS, SUBJECT TO WRITTEN APPROVAL BY AN AUTHORIZED SCSS REPRESENTATIVE SETTING FORTH SAID TERMS. THIS CLAUSE WILL IN NO WAY BE INTERPRETED TO ESTABLISH SCSS AS AN INSURER. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST SCSS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION ARISES. C. Since the parties agree that Customer retains the sole responsibility for the life and safety of all persons in its premises. and for protecting against losses to his/her own property or the property of others in its premises, CUSTOMER AGREES TO INDEMNIFY AND SAVE HARMLESS SCSS, ITS EMPLOYEES, AGENTS. OR REPRESENTATIVES FROM AND AGAINST ALL CLAIMS. LAWSUITS AND LOSSES BY PERSONS NOT A PARTY TO THIS AGREEMENT, ALLEGED TO BE CAUSED BY THE IMPROPER OPERATION OF THE SYSTEM, UNLESS CAUSED BY SCSS OR ANY OF ITS AGENTS OR EMPLOYEES GROSS NEGLIGENCE. WILLFUL MISCONDUCT. OR FAILURE OF PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT. Waiver of Subrogation. Customer shall obtain, and maintain, insurance coverage to cover all losses, damage, or injury, related to or sustained by Customer in connection with the services provided by SCSS. For all losses, damage or injury above the limits set forth in Paragraph 2.B, Customer shall look solely to its insurer for recovery of its loss and hereby waives any and all claims for such loss against SCSS. Customer agrees to obtain insurance permitting said waiver without invalidating coverage. Both parties do hereby for themselves and for other parties claiming under them, release and discharge each other from and against all claims arising from hazards covered by insurance. it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against either party. 4. Miscellaneous Charges and Increase in Charges. A If Customer or SCSS is assessed any fine or penalty by any municipality, fire, or police department as a result of any false alarm, Customer shall pay the full amount of such fine or penalty. If, following an investigation at Customer's request, it is mutually agreed that a false alarm was caused by SCSS, the amount of the fine or penalty paid by Customer shall be credited to Customer's account. B. Customer shall pay any and all charges imposed by any telephone, internet, or other telecommunications provider. SCSS may immediately increase its monthly charges to reflect any increased telecommunications charges for the Customer facility covered by this Agreement. C. It is Customer's responsibility to obtain alarm use permits and any other types of permits required by the local jurisdiction. 5. Obligations of Customer. A. Customer shall have full responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding and/or transmitting equipment at Customer's premises. B. For those premises where SCSS is to provide monitoring. Customer shall furnish SCSS a list of the names, titles, telephone numbers and signatures of all persons authorized to enter the premises of Customer during scheduled closed periods and shall be responsible for updating such lists. In cases of supervised service, Customer shall also furnish SCSS with an authorized daily and holiday opening and closing schedule. C. Customer shall set the alarm system at such times as Customer shall close its premises. Customer shall test the alarm system prior to each closed period and shall immediately report to SCSS any claimed inadequacy in, or failure of, the system. Customer shall perform a periodic walk test of any motion detection equipment used on the premises. D. For those premises where SCSS is to provide central station sprinkler supervisory and water flow alarm or automatic fire alarm service. Customer warrants and agrees that all alarm valves, gate valves, tanks, pumps. compressors, inspector test connections, or other elements of the sprinkler system as now installed or to be installed, are, or will be, corrected at Customer's expense so as to be acceptable to the insurance and other authorities having jurisdiction when equipped with SCSS's signaling devices. Customer further agrees to furnish any necessary water through Customer's meter and at Customer's Page, 2 of 5 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CFBC507FBBF8 expense, to place hoods over any open forges or fires, and to pipe all boiler blow -offs and steam exhaust outside the premises to be protected. E. For those premises where closed circuit television equipment is provided, Customer will provide adequate illumination under all operational conditions for the proper operation of the closed circuit television camera and will provide 110 AC power supply where required, as well as shelf or desk space for monitors. F. It is mutually agreed that the Customer assumes full responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding and/or transmitting equipment at Customer's premises. G. Customer represents that, except to the extent it has given SCSS written notice prior to the execution of this Agreement, (i) to the best of its knowledge there is no asbestos or presumed asbestos - containing material, formaldehyde or other potentially toxic or hazardous material contained within, or in, on or under any portion of any area where work will be performed under this Agreement. If such materials (whether or not disclosed by Customer) are discovered and such materials provide an unsafe or unlawful condition, such discovery shall constitute a cause beyond SCSS's reasonable control and SCSS shall not start, or continue, to perform its work under the Agreement until Customer has remedied the unsafe or unlawful condition at Customer's sole expense. Customer agrees to indemnify, defend, and hold SCSS, its officers, directors, and agents harmless from any damages, claims, injuries, liabilities resulting from the exposure of SCSS's employees, contractors, or subcontractors to hazardous materials at the work site; provided, however, that the foregoing provision will not apply when it has been determined that such hazardous materials were brought to the work site by SCSS. H. Verified Response Jurisdictions. Some jurisdictions require that an intrusion be verified by video, audio, or in -person verification before police will respond to an alarm signal. In the event an intrusion alarm signal is received by SCSS, but the police department indicates it will not respond without verification, SCSS shall verify by video or audio (if possible) or shall contact a guard service to send a guard to Customer's Premises to verify the alarm. Customer shall be responsible for payment of any costs SCSS incurs in this regard. 6. Obligations of SCSS. A. Except as otherwise provided herein, neither party shall be held responsible or liable to the other for delay in installation of any equipment or interruption of service due to strikes, lockouts, riots, floods, fires, lightning, terrorism, acts of God, or any cause beyond the control of such party, including interruptions in telephone, internet, or other telecommunications service. SCSS will not be required to supply service to Customer while any such cause is ongoing. B. If Customer has subscribed to monitoring service, the system will be connected to an alarm monitoring station operated by SCSS or one of its affiliates (the "Center"). Unless specifically requested otherwise by the Customer and approved by SCSS, when an intrusion alarm signal from the alarm system is received, the Center will first try to telephone Customer's premises, and if there is no answer then will try to telephone the first available person on Customer's emergency call list, to verify whether or not an emergency condition requiring police response exists. If there is no answer to both of these calls or the person contacted indicates that an emergency exists, the Center will attempt to notify the police department. The Center will also attempt to contact someone on the emergency call list to advise them once the police have been notified. When a fire alarm, hold-up alarm, or duress alarm signal is received, the Center will attempt to notify the police or fire department or other emergency personnel and the first available person on the emergency call list. When a non -emergency signal is received, the Center will attempt to contact the premises or the first available person on the emergency call list but will not notify emergency authorities. The Center reserves the right to use automated notification procedures in lieu of phone call notifications for non -emergency signals unless expressly prohibited by local authorities. If Customer requires phone notification for non -emergency signals, Customer agrees to subscribe to such service and an additional fee may apply. Phone notification for non -emergency signals will be made during normal day -time hours unless expressly requested otherwise by Customer. SCSS may choose not to notify emergency personnel if it has reason to believe that an emergency condition does not exist. SCSS and Customer are obligated to comply with all notification and response requirements imposed by governmental agencies having jurisdiction over the system. SCSS reserves the right to discontinue or change any particular response service due to such governmental Page 3 of 5 DocuSign Envelope ID: 9E90C664-D0lB-4757-88BF-CF8C5D7FBBF8 or insurance requirements without notice. Customer consents to the audio and video recording of telephonic and video communications between Customer's premises and SCSS, and will inform its employees and third parties that such recordings are authorized. If Customer's police or fire department now or in the future requires physical or visual verification of an emergency condition before responding to a request for assistance, Customer agrees to subscribe to such service if provided by SCSS, or otherwise comply with such requirements. and an additional fee may apply for such services. C. If video equipment is installed, it will be integrated into the system. When the video equipment is activated. it will send a video transmission to the Center. The Center will first attempt to verify the nature of the emergency by viewing the video. If the Center determines that an emergency condition exists. it will try to first telephone the premises, if available, and report the emergency condition. If there is no answer or the person answering confirms the emergency condition. then, based upon the nature of the emergency condition, the Center will notify the proper police or fire department or other emergency personnel, and the next available person on the emergency call list. If the Center determines that an emergency condition does not exist or the video is inconclusive, the Center will use the notification procedures set forth in paragraph 6.B above. D. Customer understands that, if the system installed is monitored, due to the nature of the method used for communicating alarm signals to the SCSS's monitoring center, there may be times when that communication method is not able to transmit signals and SCSS will not receive alarm signals. Digital communicators use telecommunications lines (such as standard telephone lines or other types of lines), and SCSS does not receive signals when the telephone system becomes non -operational or the line is placed on vacation status, cut, interfered with, or otherwise damaged. There will be times when any radio frequency method, such as cellular, public or private radio systems or Internet -based service, cannot transmit an alarm signal due to lack of signal strength, network congestion, or unavailability of a communications channel. Similarly, any other type of communication method installed under this Agreement also can experience an inability to communicate alarm signals. Customer understands that SCSS offers several levels of communication methods of alarm signals to the Center and that the Services described on the applicable Schedule(s) have been chosen by Customer after considering and balancing the levels of protection afforded by various communication methods and the related costs. Customer acknowledges and agrees that Customer is solely responsible for the selection of the type of communication method and whether the utilization of more than one communication method is required. Communications networks provided by independent carriers or providers are wholly beyond SCSS's control and are maintained and serviced, solely by the applicable carrier or provider. Customer agrees to reimburse SCSS for any costs incurred to reprogram the communicator because of area code changes or other dialing pattern changes. If telephone service is used, the use of DSL or other broadband telephone service may prevent the system from transmitting alarm signals to the monitoring center and/or interfere with the telephone line -seizure feature of the system. Such services should be installed on a telephone number that is not used for alarm signal transmission. Customer agrees to notify SCSS if Customer has installed or intends to install DSL or other broadband service. IMMEDIATELY AFTER THE INSTALLATION OF DSL OR OTHER BROADBAND SERVICE, THE SYSTEM'S SIGNAL TRANSMISSION MUST BE TESTED WITH THE MONITORING CENTER. E. For those premises with a direct connection to the police, fire department, or other agency, it is mutually understood and agreed that signals transmitted hereunder will be monitored in police and/or fire departments or other locations, and that the personnel of such police and/or fire departments or other agencies are not SCSS's agents, nor does SCSS assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. F. For those premises where card access security is provided. SCSS assumes no responsibility or liability for lost or stolen access cards G. Termination of Monitoring. If SCSS is engaged at the time of termination of the Agreement by either party to monitor any alarms or signals from any Customer premises, Customer agrees that SCSS may cease such monitoring on the effective date of any termination without additional notice to Customer. Page 4 of 5 DocuSign Envelope ID: 9E90C664-D01B-4757-88BF-CF8C5D7FBBF8 NO OTHER MODIFICATIONS Except as expressly set forth in this Addendum, all of the terms and conditions of the Agreement entered into between the parties remain in full force and effect. Stanley Convergent Security Solutions, Inc. By: _ Name: Title: Date: By: _ Name: Title: Date: Page 5 of 5 CONTRACT APPROVAL FORM TO: BRIAN BULTHUIS, CITY MANAGER THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR FROM: RAMSEY JIMENEZ, SENIOR PROCUREMENT AGENT SUBJECT: FACILITY SECURITY SYSTEMS DATE: DECEMBER 13, 2022 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Stanley Convergent Security Solutions, Inc. to facility security systems for the Public Services Department. The agreement shall take effect on the date of execution by both parties and shall remain in effect until April 25, 2025, unless renewed or terminated as provided by the Sourewell contractual agreement. Upon mutual agreement, the agreement may be renewed for one (1) additional one (1) year terms. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the Procurement Services Department sought a contract with Sourcewell for facility security systems, contract number 030421-SCS. The estimated annual expenditures is less than $30,000 and it is included in the Public Services Department budget. The Sourcewell contract was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The fiscal impact of $30,000 is included in the current year approved budget. 5. EXHIBITS: Sourcewell Bid Tabulation Stanley Convergent Security Solutions Agreement Signature APPROVAL AUTHORITY Approved ,Z Disapproved ❑ Reason/Suggestion (If disapproved) City Manager 12/19/22 11:46 EST Title Date BlueInk Bundle ID: caWh4tpkn6