rfp - body worn camera (2)

Request for Proposal

City of Rochester, New York:

Law Enforcement Body Worn Cameras and Data

Management System

Rochester Police Department and

Department of Information Technology

Issue Date: July 1, 2015 Due Date: July 31, 2015

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NO RESPONSE FORM

If you choose not to respond to this Request for Proposals, please fax or scan and e-mail this form back

to City of Rochester at your earliest convenience, to the attention of: Tony Sutera, PMP

City of Rochester, Public Safety Building

185 Exchange Blvd., Suite 530

Rochester, NY 14614-2162

Fax (585) 428-9360

E-Mail: [email protected]

RFP

Law Enforcement Body Worn Cameras (BWC) and Data

Management System

Company: Address: Contact: Contact Phone: Email:

Reason for No Response:

Project capacity.

Cannot quote competitively.

Cannot meet delivery requirements.

Cannot meet specifications.

Do not want to do business with City of Rochester.

*Other:

*Other reasons for not responding might include insufficient time to respond, do not offer product or service,

specifications too stringent, scope of work too small or large, unable to meet government insurance

requirements / regulations, cannot meet delivery or schedule requirements, etc.

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TABLE OF CONTENTS

SECTION 1 Project Background and RFP Process ......................................................... 4

1.1 Request For Proposal .......................................................................................................... 4 1.2 Community Profile ............................................................................................................... 5 1.3 Scope Of Project ................................................................................................................. 5 1.4 RFP Process and Procedures ............................................................................................. 5 1.5 Intention to Submit Proposal ................................................................................................ 6 1.6 Questions and Requests for Clarification and RFP Addenda ............................................... 7 1.7 Transmittal Letter ................................................................................................................ 7 1.8 Proposal Submission ......................................................................................................... 7

SECTION 2 Schedule of Events ...................................................................................... 9 2.1 Timetable of Events ............................................................................................................. 9 2.2 Description of Events ............................................................................................................. 9

SECTION 3 Guidelines for Proposal Content and Structure .......................................... 12 3.1 Executive Summary ........................................................................................................... 12 3.2 Company Background Information .................................................................................... 12 3.3 Detailed RFP Responses .................................................................................................. 15 Section 5 Terms and Conditions............................................................................................. 21

SECTION 6 Camera and Data Management System Requirements ............................. 23 6.1 Camera Requirements: ........................................................................................................ 23 6.2 Data Management System Requirements: ........................................................................... 25

SECTION 7 Technical Requirements ............................................................................. 26 7.1 Recommend Architecture ..................................................................................................... 26 7.2 Technical Requirements ...................................................................................................... 26

SECTION 8 Security Requirements ............................................................................... 27 8.1 Security and Audits............................................................................................................ 27

Section 9 City Of Rochester Agreement for Professional Services ................................ 28

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SECTION 1 Project Background and RFP Process

1.1 REQUEST FOR PROPOSAL

Date of Issue: July 1, 2015

Proposal Due Date: July 31, 2015

RFP Timetable

Activity Due Date

Intent to Submit a Proposal July 10, 2015

Questions and Request for Clarification July 17, 2015

Response to Questions and Request for Clarification July 22,2015

Proposal July 31, 2015

The City of Rochester, New York (the City) is seeking proposals from vendors (Vendor) specializing in body worn cameras (BWC) for law enforcement and associated video management

system (system to store, retrieve and manage all video) for use by the Rochester Police Department

(RPD).

This RFP has been prepared to provide general information, background, and proposal

requirements. Please verify by email that you have received the RFP document (sent in Adobe

Acrobat PDF format) within 2 business days. If the document you have received is incomplete,

please contact the Citys Program Manager or Project Coordinator:

Program Manager Project Coordinator

Tony Sutera, PMP

Information Technology

Relationship Manager

185 Exchange Blvd.

Rochester, NY 14614

Phone: 585-428-6619

Email: [email protected]

Lieutenant Mark Dibelka

Rochester Police Department

185 Exchange Blvd.

Rochester, NY 14614

Phone: 585-428-3605


The identified RFP Program Manager and Project Coordinator are the sole points of contact

regarding this RFP from the date of distribution until the selection of the successful vendor.

In addition to indicating the content expected in a proposal, this RFP is intended to generally

describe the terms and conditions of an agreement to be entered into by a responsible Vendor and

the City and to assist prospective vendors in determining whether or not to participate in this RFP.

As a result of this RFP, the City intends to enter into a contract with the selected vendor(s) to supply

an integrated enterprise system solution. However, this intent does not commit the City to award a

contract, pay any costs incurred in the preparation of the proposal in response to this request, or

contract any services. The City reserves the right in its sole discretion to (a) accept or reject in part

or in its entirety any proposal received as a result of this RFP if it is in the best interest of the City to

do so; (b) award one or more contracts to one or more qualified Vendors if necessary to achieve the

objectives of this RFP and if it is in the best interest of the City to do so.

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The responsibilities of the City are clearly defined in this RFP. The Vendors responding to this RFP

shall not make any assumptions about participation by the Citys technical personnel in the project.

1.2 COMMUNITY PROFILE

1.2.1 City of Rochester:

The City of Rochester, New York covers approximately 39 square miles, has a population base of 210,000

citizens, and is located in Monroe County, New York.

1.2.2 Rochester Police Department (RPD)

The department has an authorized sworn strength of 725

1.2.3 The Rochester Police Department:

Responds to approximately 400,000 911 calls for service per year

Over 20,000 arrests per year

Completes approximately 65,000 reports per year

1.3 SCOPE OF PROJECT

Through this RFP, the City expects to select cameras, software to manage all captured video,

services, and supporting hardware that will constitute a Body Worn Camera solution to be

deployed to 480 sworn members. Once the final vendors have been selected the City will

work with each vendor to develop the most cost effective deployment and implementation

strategy. The City may select more than one vendor in the event that a single vendor cannot

meet all requirements for an Integrated Body Worn Camera solution.

1.4 RFP PROCESS AND PROCEDURES

Throughout the entire RFP process the following guidelines and procedures will

apply: The City must receive all proposals by July 31, 2015 at 5:00 PM (EDT).

The City reserves the right to reject any proposal received after this date. All

submitted proposals must be valid through July 31, 2016. The City maintains the

right to discontinue the RFP process with any vendor at any point in time.

The City will notify in writing any vendor discontinued from the RFP process.

Vendors shall promptly respond in writing to the City with additional inquiries. Please see Section I.6 below for specific instructions on

submitting questions and requests for clarification.

The City is under no obligation to award a contract to any vendor.

No procedure is in place within this process for reconsideration of a vendor after a choice has been made, and the City need not give any reason for the

selection or rejection of any vendor.

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If your RFP response is accepted, the City requires the parties to enter into a contract prior to the commencement of any work. The RFP and RFP

responses may form part of said contract but will be subject to the terms and

conditions of the agreed contract between the City and the vendor as set out

in Section III.4.

Participation in the RFP process is the vendors sole decision. Although the City intends to adhere to the process as stated herein, the City reserves the

right to modify the process, requirements, and/or timetable. The City

assumes no liability for costs or damages incurred by the vendor during or

resulting from this RFP process.

The City reserves the right to:

Reject any and all proposals received in response to this RFP.

Investigate the vendors qualifications, financial stability, and ability to perform the required services to successfully implement the vendors proposed solution within the City.

Request additional information deemed necessary for the proper evaluation of the vendors proposal.

Waive or modify any informal or immaterial deficiency in a proposal after prior notification to the vendor.

If you have any questions concerning the above RFP process and procedures, please see Section I.6 below for specific instructions on

submitting questions and requests for clarification regarding the RFP

process.

1.5 INTENTION TO SUBMIT PROPOSAL

The City of Rochester requires vendors to acknowledge in writing or email intent to

submit a proposal for this RFP. The acknowledgement letter should identify the

primary contact person, title, phone number, and email, and must be received by the

City on or before July 10, 2015.

This acknowledgement should be sent to:

Tony Sutera, PMP

Information Technology Department

City of Rochester

Public Safety Building


Rochester, New York 14614-2162

Fax: 585 428-8860


The vendor must include in this letter company references, contact names, phone

numbers, email addresses, and appropriate URLs.

The intention to submit proposal documents may be sent via e-mail to meet the

deadline; however, the original documents must follow by mail.

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Vendors receiving this RFP who do not wish to submit a proposal should reply with the "No

Response" form [page 2 of this RFP] to be received by the indicated contact on the form no

later than the proposal submission date.

This RFP is the property of the City and may not be reproduced or distributed for purposes

other than proposal submission without the written consent of the City Corporation Counsel.

1.6 QUESTIONS AND REQUESTS FOR CLARIFICATION AND RFP ADDENDA

Questions that arise prior to or during proposal preparation must be submitted in writing or

via email to both the Citys Program Manager and Project Coordinator as identified in Section I.1 of this Request for Proposals. Questions and answers will be provided to all

Vendors who have received RFPs and must be acknowledged in the RFP response. No

contact will be allowed between the Vendor and any other member of the City with regard

to this RFP during the RFP process unless specifically authorized in writing by the RFP

Program Manager. Prohibited contact may be grounds for Vendor disqualification.

In the event it becomes necessary to revise any part of this RFP, addenda will be provided to

all that received the original RFP.

The City will not conduct a pre-proposal conference or meeting.

1.7 TRANSMITTAL LETTER

The vendor must submit a transmittal letter along with the proposal. The letter is an

acknowledgement by the vendor that its attached proposal is the vendors official response to the City RFP. The letter must state that all information contained in the

proposal is factually true and accurately meets the response criteria of all RFP

sections. An authorized officer of the vendors firm must sign the transmittal letter.

1.8 PROPOSAL SUBMISSION

1.8.1 Submission of Sealed Proposals

All proposals and accompanying documentation will become the property of the

City and will not be returned. Each vendor should provide 10 hard copies and one

soft copy on DVD for use by the City of Rochester.

Complete responses are to be packaged, sealed and submitted to the City and should

be addressed to:

Tony Sutera, PMP

City of Rochester

Information Technology Department

Public Safety Building


Rochester, New York 14614

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The due date is July 31, 2015 at 5:00 PM EDT.

All proposals must have a label on the outside of the box or package itemizing the

following information:

RFP ENCLOSED

Due: July 31, 2015 at 5:00 PM EDT (Preferably bold, large print, all capital letters)

If sending multiple boxes, please mark each one, X of Y where X is the box number and Y is the total number of boxes.

1.8.2 Liability for Proposal Preparation Expense

The City is not liable for any costs incurred by a Vendor in the preparation and

production of a proposal.

1.8.3 Proposal Security

The content of each Vendor's proposal will be held in strict confidence during the

evaluation process, and no details of any proposal will be discussed outside the

evaluation process.

1.8.4 Record Disclosure/Confidentiality of Proprietary Records

Vendor hereby agrees that all documents furnished shall be subject to public

disclosure by the City in the normal course of business in accordance with the

requirements of the Public Officers Law, Article 6, except for proprietary

information the disclosure of which would cause substantial injury to the

competitive position of Vendor's enterprise. Information relating to Vendor price

submissions, including commercial, book or list pricing, applicable discounts or

final price and like information, shall not be entitled to confidentiality protection

whether or not submitted or designated as proprietary by the Vendor. Vendor may

otherwise preserve proprietary rights as to confidential or business process

information in accordance with procedures established under Section 89, Public

Officers Law, provided that: (i) Vendor shall inform the City prior to submission of

its information, in writing, that such records are going to be furnished, are

proprietary and are not to be disclosed; (ii) said records shall be sufficiently

identified; (iii) Vendor shall inform City the reasons why the information should be

exempted from disclosure; and (iv) designation of said records as exempt from

disclosure is reasonable and accepted by the City.

1.8.5 Tax Provisions

Purchases made by the City are exempt from New York State and local sales tax

and federal excise taxes, but the City is not exempt from paying unemployment

insurance or federal Social Security taxes. The official City purchase order or

voucher for materials, equipment, and supplies is sufficient evidence to qualify the

transaction exempt from sales tax.

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SECTION 2 Schedule of Events

2.1 TIMETABLE OF EVENTS

The vendor evaluation and selection process has specific timetables and requirements, as noted

below:

Activity Date

Proposal Evaluation August 31, 2015

Conduct Scripted Demonstrations with Preferred Vendors September 7, 2015 (start date)

Conduct Vendor Customer References and/or Site Visits October 2, 2015

Conduct Camera Field Testing September 9, 2015

Complete Vendor Selection for Recommendation December 1, 2015

The City will delay the Vendor Selection process if required to achieve specific City objectives.

2.2 DESCRIPTION OF EVENTS

2.2.1 RFP Provided to Vendors

The RFP will be e-mailed to each candidate vendor identified by July 1, 2015 and will be posted on

the City website.

2.2.2 Intention to Submit Proposal Deadline

Each Vendor must indicate intention to submit proposal for RFP to Tony Sutera (see contact

information in Section I.5) by July 10, 2015

2.2.3 Oral Presentations

Vendors who submit a proposal may also be required to make multiple oral presentations of their

proposal. These presentations will provide an opportunity for the vendor to clarify their proposal to

insure a thorough mutual understanding. At the same time, the City is under no obligation to offer

any vendor the opportunity to make such a presentation.

2.2.4.1 Completeness

Each Proposal shall be reviewed to ensure that the proposal is complete, accurate, and that all

attachments and enclosures are included. Review will be conducted to ensure the following:

At least one copy of the proposal must contain the original signature of an authorized officer of the proposing vendor.

An acknowledgement of receipt of an RFP amendment, IF ANY, must be included in the proposal.

2.2.4.2 Degree of Fit

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Each proposal will be reviewed to determine the proposed solutions degree of fit to the Citys requirements as defined in Sections 6, 7 and 8. Included in this review will be the flexibility of the

proposed solution to adapt to potential changes to business requirements in the future.

2.2.4.3 Integration/Interfaces to External Systems

Each proposal will be reviewed to determine the ability to integrate with the Citys current systems and other required 3rd party solutions.

2.2.4.4 Installation Track Record

The City requires each proposal to include references of clients that have implemented solutions

similar to the Vendors proposed solution over a similar timeframe. The City will perform a reference check with these references to determine the Vendors capability to deliver on the proposed solution and implementation plan.

2.2.4.5 On-Going Support Capability

The City will review the Vendors capability to provide on-going product support and services after successful implementation of the proposed solution. The above mentioned reference checks will be

utilized to verify this capability.

2.2.4.6 Project/Lifecycle Cost

The City requires City Council to approve the appropriation of funds for the acquisition and

deployment of the proposed Vendor solution(s). This appropriation of funds is targeted to

commence in the 2016 fiscal year after City Council has approved the appropriation. The project

lifecycle economics (costs and delivery of benefits) will be a major evaluation criterion.

2.2.5 Conduct Scripted Demonstrations with Preferred Vendors

Meetings will be scheduled with the preferred vendors to conduct a thorough product assessment

and GAP analysis. These meetings will be held at the City offices in Rochester and will involve

meetings with key business people from each functional discipline. Vendors may be asked to

demonstrate their functional capabilities to identify any potential GAPs in functionality.

2.2.6 Complete GAP Analysis

Meetings may be scheduled with each Vendor following the scripted demos to discuss alternative

GAP solutions for functionality GAPs identified during the scripted demos.

2.7 Conduct Vendor Customer Surveys and Visits

The preferred vendors will be asked to provide the City with contact information for four law

enforcement agencies who have fully implemented the proposed systems and are willing to

participate in a Customer Survey and/or site visit. In addition, preferred vendors will also be

requested to provide at least one law enforcement agency that implemented the solution and later

discontinued use.

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2.2.8 Finalize Pricing and Professional Services Agreement Terms

The Vendor and the City will negotiate a beneficial agreement to ensure a productive partnership.

The selected vendors response to this RFP will form the basis of these negotiations and may be considered part of the final agreement.

The City has attached its standard Professional Services Agreement (PSA) which will be the

binding contract between the vendor and City. The vendor license agreement and statement of

work (defined as contract) will be attachments to this PSA. Each vendor(s) contract shall minimally cover the following areas:

License fees for use of any software or associated tools, to be scheduled in accordance with the implementation functionality, and fixed at time of contract, to remain unchanged for a

period of 1 year following the final implementation phase.

Consulting/training/implementation plan with associated costs and with a provision to guarantee meeting plan milestones.

Statement concerning the Citys access to Source Code and escrow protection.

Provision for the ability to add additional users at any location and point in time.

Annual product maintenance costs tied to a base expenditure and a controlled percentage increase over the lifetime of use by the City.

Payment milestones tied to the successful implementation of the vendors proposed solution and distributed over an analysis, development/testing, training, production lifecycle.

No additional license fees will be charged for training, development and business continuity based environments.

Any database or other software licenses required must be clearly identified in proposal.

Provide a sample of a license agreement (s) with the vendors completed RFP response.

No binding agreement between the vendor and the City will be established or inferred until a final

PSA, including all terms and conditions, has been signed. In the event of any conflict between this

RFP, the vendor response, and the final PSA, the terms of the final PSA will take precedence.

2.2.9 Select Preferred Vendor(s) and Notify all Vendors

Upon assessment of vendor solutions and completion of negotiations, the evaluation team will

select the vendor(s). The City may request a follow-up presentation from any vendor.

Each vendor will need to provide clarity on the following:

Current technological and business functionality enhancements scheduled for the next two years.

Cost estimates to implement the vendor solution and support for a period of five years, including at a minimum: the incremental software expense; annual software maintenance;

training, implementation, and consulting costs; and estimated annual hardware costs.

Preferred architecture and deployment methodology for implementation.

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2.2.10 Finalization of the Implementation Plan

The selected vendor and the City evaluation team will collaborate to finalize the implementation

plan and costs and define the necessary interfaces to third party-data. If the vendor has a

partnership with another vendor which supplies software or hardware to meet specific technical or

functional requirements, the City may elect to negotiate separately with 3rd party vendors.

SECTION 3 Guidelines for Proposal Content and Structure

The following section describes the City RFP requirements that must be adhered to by each vendor

submitting a response to this RFP. Each proposal must be formatted as noted below and must

contain the sections described below along with a Table of Contents.

3.1 EXECUTIVE SUMMARY

The vendor must provide an executive summary of the proposed solution. Areas to be covered

include:

Brief overview of proposed solution and how this will benefit the City.

Associated costs and timelines for implementation which comprehend the costs to integrate the proposed solution with other 3rd party solutions.

Any additional information, which will be beneficial to the City in the evaluation process.

3.2 COMPANY BACKGROUND INFORMATION

3.2.1 Brief Historical Summary

The vendor must provide a brief historical summary of the vendors company. Areas to be covered include:

Overall Vision and Mission.

Financial history of the company covering the last three years. Attach the most recent copy of your latest financial statements prepared by an independent certified public accountant in

accordance with generally accepted accounting principles. Also include the following

information: current balance sheet, statement of revenues and expenses, statement of cash

flows, and appropriate notes to these documents. 501.3.c organizations must submit their

most recent Form 990.

Three-year history of research and development spending as a percentage of revenue.

Company USA and Canadian locations and associated staffing/functional organizations represented at each location.

General background and current information about the company and key personnel.

Strategic company direction and how this direction will benefit the City by referencing specific sections of the City RFP.

Current law enforcement customers.

Additional information useful for the City evaluation process.

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3.2.2 Vendor Information

In this section each vendor will provide information on your company. Please respond within the

format provided. This will ensure that all information is provided and will facilitate our use of the

information.

Question Vendor Response

Official Name of Company

Headquarters Address

Telephone Number

Fax Number

Federal Tax ID Number

Names under which the business has

operated within the last 10 years.

Contact Name for questions concerning

RFP response.

Contacts Telephone Number Contacts E-mail Address

Is company authorized and/or licensed

to do business in the State of New

York?

YES or NO

Does your company have an office in

the City of Rochester, New York?

YES or NO

Does your company have an office in

the County of Monroe, New York?

Company Ownership Public or Private

If Private, list primary owners and

their percentage ownership.

If Public, list stock trading symbol

and market which it is traded.

Has corporate ownership changed

in the last 5 years? If so, provide

details.

YES or NO

Has the company purchased any

other companies or divisions of

companies in the last 5 years? If

so, provide details.

YES or NO

Has the company or any of its

principals defaulted on any municipal

contracts in the past 5 years? If so,

provide details.

YES or NO

Please provide details on any lawsuits

involving the company that are

currently pending or occurred in the

past 5 years.

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Question Vendor Response

Has your company ever been declared

bankrupt or filed for protection from

creditors under state or federal

proceedings? If so, state the date,

court, jurisdiction, amount of liabilities

and amount of assets.

YES or NO

Is your Company currently on the

approved NYS Contract list? If yes,

identify contract services

YES or NO

Does your company comply with the

U.S. Department of Justice, Federal

Bureau of Investigation Criminal

Justice Information Services (CJIS)

Security Policy?

YES or NO

Any vendor wanting to have the above table in a MS Word format for completion please e-

mail the Program Manager and Project Coordinator to request a copy.

3.2.3 Vendor Customer References

The vendor should describe four customers that are of similar size of RPD that have

implemented an integrated Body Worn Camera solution for law enforcement similar to that

being requested by the City. This includes solutions from a vendors strategic partner.

The vendor should describe their installed base of law enforcement clients including the

following:

Total number of clients currently utilizing systems similar to the proposed solution.

Identify any customer with a minimum of 300 cameras.

Clients that are currently undergoing implementation.

Clients that have been fully implemented and live for minimally 1 year.

Total number of clients in New York State utilizing systems similar to the proposed solution. These clients must be referenced under the Customer Reference

Information Section.

Representatives of the City expect to contact and possibly visit some of these reference

clients. The vendor should provide the following contact information for these client

references.

Note: At least one customer reference should be a law enforcement agency that

implemented the solution and later discontinued use.

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Customer Reference Information

Contact Information

Law Enforcement Municipality name

Contact name and position

Address

Telephone

E-mail address

Web site address

Demographic Information:

City Size (Population)

Full-time Law Enforcement Staffing (Sworn Officers and Civilians)

Modules Installed, in what timeframe and sequence

Date(s) Modules Installed

Number of people required on implementation team from internal staff vs. external resources

3.3 DETAILED RFP RESPONSES

3.3.1 Assumptions

The vendor must clearly define any assumptions made in preparation of this RFP proposal.

3.3.2 Advantages of Proposed Solution

The vendor should describe the proposed advantages to the City and how these relate to the Citys overall project scope.

3.3.3 Project Costs and Pricing Options

The vendor must detail its pricing and payment terms in line with the project deliverables and

milestone dates provided in the recommended implementation plan. The proposal must provide a

detailed breakdown of charges for each service, product, and license, whether offered directly or

indirectly through a third party. An explanation of how cost overruns will be treated in the event of

targets not being met must accompany this quotation. If the vendor provides for multiple pricing

options (e.g. enterprise, concurrent users, named users, etc.) they should detail each of the options.

3.3.3.1 Camera and Related Equipment Cost Costs

Equipment Unit Cost Volume Discounts Comments

Cameras

Camera Mounts

Docking Stations

Other Camera Costs

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3.3.3.2 Software/ Application License Costs

Solution Cost

Enterprise Concurrent Users Named Users Other (explain)

On Premise

Solution Cost

Implementation

Cost

Reoccurring

Monthly Cost

Detailed Pricing Information

(e.g. cost per camera, mounts,

docking stations, cost if storage

exceeds maximum, etc.)

Software as a Service (SaaS)

3.3.3.3 Database Costs

Solution Database Vendor Estimated Cost Comments

On Premise

Software as a Service (SaaS)

3.3.3.4 Implementation Services Costs

Service Provided Per Diem

Cost

Hourly

Rate

Comments

System Set-up and Installation (On Premise)

System Set-up and Installation (SaaS)

System Configuration

Technical Services

Project Management

Training

Travel for Implementation Support

Travel for Training

3.3.3.4 Annual Maintenance Costs

Maintenance Type Cost Comments

8 Hours 5 Days (M-F)

8 Hours 7 Days

24 Hours 7 Days

3.3.3.5 Other On-Going Costs

Cost Comments

Camera Repair

Battery Replacement

Camera Mount Repair/Replacement

Docking Station Repair

Application Maintenance

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Any vendor wanting to have the above tables (3.3.3.1 through 3.3.3.5) in a MS Word format for

completion please e-mail the Program Manager and Project Coordinator to request a copy.

3.3.4 Degree of Fit

Requirements defined in Section 6 (Camera and Data Management System), Section 7 (Technical

Requirements) and Section 8 (Security Requirements) must be completed, with reference comments

made to describe what requirements CANNOT be satisfied in the recommended solution and what

would be required to address any identified gaps.

Note: The order in which the requirements are identified should not be interpreted as the order of

importance.

3.3.5 On-Going Support and In-house Migration

Training and Helpline locations must be identified along with Sales offices. The vendor should describe its various support options and recommend the preferred support option for the City based

on its proposed solution.

3.3.6 Internal Information Technology Production Environment Support

Identify the various skill sets (e.g., Database Administrator, etc.) required by the City (e.g. IT and

Police) to properly maintain the system on a day-to-day basis.

3.3.7 Written Documentation

The vendor must describe all technical and user documentation that will be provided. In addition

the vendor must describe the policies and procedures regarding maintenance of and enhancements

to the documentation. The vendor must also identify any additional or optional documentation that

may be deemed beneficial to the City and the associated costs for such documentation.

3.3.8 Product Maintenance

3.3.8.1 Data Management System Maintenance:

If the vendor proposes any specific products, either directly or through third parties, the vendor

must describe the past frequency of new product release updates (not to include Patches), the

frequency with which the City can expect to receive new product release upgrades (e.g. yearly,

quarterly), vendor release support terms (number of previous versions supported). A description

of the process for collecting and implementing customer feature requests is also required. In

addition, the vendor will need to provide the following information:

Number of Software Bugs reported in the previous three releases of the software.

Average number of bugs fixed in new release as a percentage of those reported.

Average number of patches issued between releases.

Average number of months between releases.

Procedure for classifying bugs reported to the vendors firm and a listing of the average percentage of bugs per classification.

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Procedure for distribution of program patches.

For proposed solutions that include software provided by third parties, the vendor should

address the following issues:

How does the contracted vendor expect to handle releases of third-party software?

What is the extent of the contracted vendors responsibility for software originating with other suppliers?

3.3.8.2 Camera Maintenance:

Identify any maintenance services provided for cameras and associated equipment (e.g. docking

station, etc.)

Provide a sample Maintenance Agreement for the Data Management System and Camera

Maintenance.

3.3.9 Project Management Methodology and Implementation Plan

The vendor should describe its project management strategy and methodology. This should include

but not limited to the following:

Project Planning Process include examples of deliverables

Frequency of project meetings

Action Item Tracking

Issue Tracking

Risk Assessments

Status Reporting

Project Change Management

Problem Resolution

The vendor is responsible for providing to the City a proposed implementation plan. This plan will

adhere to the City timelines and will include any and all associated consulting work either by the

vendor or a third party. This implementation plan will be reviewed as part of the selection process.

The vendors proposed implementation plan must include:

Implementation methodology and approach

Business process design and system configuration

Hardware and software training and development of standard procedures

Overall project schedule with detailed timeline

Proposed number of vendor Consultants and resumes for each

Proposed number of City resources with an outline of the required skill set and time commitment for each resource.

Expected deliverables and assumptions

Required skill sets to ensure that the City can perform future maintenance support and release upgrades with minimal to no vendor consulting

Any other areas critical to project success not defined above

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The vendor must describe in detail how it will assist the City in accompanying the above areas. The

vendor must provide the proposed number of onsite personnel, and include information on the

individuals qualifications in their resumes. The City implementation team, which will be responsible to manage this project and entire engagement, would expect to interview the

prospective Consultants for their knowledge, experience and suitability in our environment, and

reserves the right to request different people if the selected individuals does not meet or perform to

our expectations.

3.3.10 Software Integration

Describe how your Data Management System would integrate into the police departments Records Management System (RMS).

3.3.11 Strategic Direction

The vendor must describe its current technological and business functionality environment as well

as any strategic direction determined critical to the vendors long term success and viability in the marketplace. This analysis should include a description of how the Citys Body Worn Camera project fits into the Vendors strategic business plan and must answer the following questions:

What differentiates the vendor from its competitors?

Why should the City select and implement the Vendors equipment and data management system?

3.3.12 Annual Reports

Please provide documentation to include recent annual reports or comparable documentation if

company is privately held as noted in II.2.1.

3.3.13 Living Wage Requirement

A statement that the vendor is committed to pay all covered employees a living wage, as those terms are defined in the Rochester Living Wage Ordinance that can be found in Section 8A-18 of

the Municipal Code of the City of Rochester and the attached Professional Services Agreement.

SECTION 4 Evaluation Criteria The City of Rochester will review all proposals, rank each vendor based on the criteria noted below and

select the preferred vendors to be considered for further evaluation. Vendors will be notified in writing,

if they have been selected for further evaluation.

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4.1 Degree of Fit

Each proposal will be reviewed to determine the proposed solution degree of fit to the City of

Rochesters requirements as identified in Sections 6, 7 and 8.

4.2 Project Management Methodology and Implementation Plan

The City of Rochester will review the Vendors project management strategy and methodology to determine its ability to successfully manage this project (see Section 3.3.9). The training, experience

and qualifications of the proposed consultant team will be major criteria in the selection of a

Vendor. In addition, a survey of the customer references provided by the vendor will be used to

verify the vendors capability of successfully managing this project.

4.3 Installation/Training Track Record

The City of Rochester requires each proposal to include references of clients that have implemented

solutions similar to the Vendors proposed solution over a similar timeframe (see Section 3.2.3- Vendor Customer References and Financial Condition). The City of Rochester will perform a

survey with these references to determine the Vendors capability to deliver on the proposed solution design and implementation plan.

4.4 Scripted Demonstrations of Video Management System

4.4.1 After an initial evaluation for Degree of Fit, Project Management Methodology, and

Implementation Plan, Installation/Training Track Record, On-Going Support Capability and

Project/Lifecycle Cost, up to six ranked Vendors will be invited to participate in scripted

demonstrations of their proposed solution. These Vendors will be further evaluated on their

ability to demonstrate the solution and how well it meets the stated requirements as

identified in Section 6.1 Camera Requirements and Section 6.2 Data Management System

Requirements.

4.4.2 Also, during scripted demonstrations the vendor will be required to provide additional

information on technical and security aspects of the solution to determine how well those

requirements are satisfied.

4.5 Camera Field Testing

Any vendor invited to participate in scripted demonstrations will be required to provide at no cost to

the City, 12 cameras for a minimum of 4 weeks for evaluation purposes. The evaluation of the

cameras will be based on but not limited to the following:

1. Durability 2. Video Quality 3. Audio Quality 4. Usability (e.g. turning camera on/off, mounting of camera on officer, etc.) 5. Tactical considerations

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4.6 On-Going Support Capability

The City of Rochester will review the Vendors capability to provide on-going product support and services after successful implementation of the proposed solution (see Section 3.3.5 On-Going Support).

4.7 Project/Lifecycle Cost

Each vendor will be evaluated on the project lifecycle economics (costs and delivery of benefits)

based on the one time startup cost, the annual operating cost, the five year total cost and an

evaluation of the Vendors License Agreement and Maintenance Agreement. The City is not obligated to accept the lowest vendor bid proposal.

4.8 Local and Minority/Women Owned Business (M/WBE)

City policy provides for additional weighting of proposals for firms that are located within the City

of Rochester (additional 10% weighting) and/or that meet the Citys M/WBE goals (additional 10% weighting). Vendors are encouraged to describe in the proposal their ability/intent to meet the City

location and M/WBE goals.

SECTION 5 TERMS AND CONDITIONS

5.1 Acceptance of the Proposal

The City reserves the right to reject any proposal. The RFP should not be construed as a contract to

purchase services and the City shall not be obligated in any manner until a written agreement

relating to an approved proposal has been duly executed.

5.2 Proposal Revisions

Proposal revisions must be received prior to the proposal submission/closing date and time.

5.3 Financing of Proposals

Respondent is solely responsible for any and all costs associated with preparing and submitting

proposals and such costs will not be borne by the City.

5.4 Acceptance of RFP Conditions

Receipt of proposal by the City will be considered acceptance of the RFP terms and conditions by

the Respondent, and will be incorporated into the Respondents proposal.

5.5 Subcontracting

Subcontracting may be allowed for some requested services as a condition of the anticipated

contract for service. When allowed, proposed subcontractors must be listed in the proposal and

should identify the sub-contractors qualifications and proposed scope of responsibility. 5.6 Warranty

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Respondent represents and warrants that it is available to perform the services outlined in its

proposal and furthermore that it is under no conflicting obligations that may interfere with its duties

to the City because of work it may have undertaken with others if its proposal is accepted.

5.7 Negotiation Delay

If a written contract cannot be concluded within fifteen days of notification to the designated

Respondent, the City, may, in its sole discretion, terminate negotiations with that Respondent and

either negotiate a contract with another Respondent of its choice or choose to terminate the RFP

process and not enter into a contract with any of the Respondents.

5.8 Funding

The implementation of the selected proposal is dependent upon funding for the work set forth in the

proposal being approved by City Council.

5.9 Confidentiality

Under no circumstances will Respondents, or any employee or agent thereof, directly or indirectly

disclose the terms or receipt of the RFP to a third party without the written consent of the City with

the exception of sub-contractors that the vendor would use for the proposed solution.

5.10 Indemnification

Respondent hereby indemnifies and holds the City harmless for and against any and all claims,

losses, damages, costs, expenses, and other actions made, sustained, brought, threatened or

prosecuted in any manner based upon or arising from any communication or action by Respondent

in the proposal or purported performance of the agreement herein, or claims relating to the

infringement of copyrights, trademarks, trade secrets, patents, or any other confidential information

or intellectual property of another.

5.11 Termination

The City may terminate this proposal at any time for any reason whatsoever.

5.12 Proposal Withdrawal

Prior to the proposal closing date, a submitted proposal may be withdrawn by Respondent by

submitting a written request to the City contact named in the RFP. All such requests must be signed

by a duly authorized representative of the Respondent.

5.13 Ownership

All documents submitted by Respondents shall become the property of the City.

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SECTION 6 Camera and Data Management System Requirements

This section describes the requirements for a camera and the system requirements to satisfy

management of captured video.

Data refers to All Video, Audio and Data Elements.

The following values should be used in response to each individual specification:

Place an S in the response column if this is a standard feature / function of the system offered in your base system price to the City. These features must be currently in use at other client sites,

and no user programming or use of a supplied report writer is required. For this response, the City

will assume that the specification is met by the package and will hold the vendor responsible for

delivering that feature or function in its proposed package.

Place an N in the response column if this is not a standard feature / function but the vendor

will contractually provide at no additional cost.

Place an M in the response column if this is not a standard feature / function but the vendor is willing to modify the software to include this feature.

Place an X in the response column if this is not a standard feature / function even with custom modifications. Requirements therefore cannot be provided.

Place a T in the response column if this is feature / function will be provided by a third party.

Column Title Description

Reference # The reference number is a number that is used for reference purposes only.

They are not in sequential order.

Requirement In this column is where the functionality requirement is located that the

vendor must provide a response to in the Response column

Response

(S,N,M,X,T)

Enter in this column a value listed above for each individual specification

Xrf Enter in this column a reference code number where a comment has been

entered to provide additional clarification to the response. Also,

documentation that supports how the requirement is satisfied.

6.1 CAMERA REQUIREMENTS:

Reference

#

Requirement Response

(S,N,M,X,T)

Xrf

6.1.1 MINIMUM of 6-hours of continuous video and

audio recording

6.1.2 Pre-record capability (time prior to camera

being tuned on to record)

6.1.3 All Body Worn Cameras must have a unique

ID registered to a specific officer

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Reference

#


(S,N,M,X,T)

Xrf

6.1.4 The ability to date time stamp data

6.1.5 The ability to restrict who can alter an officers ID on the camera

6.1.6 Single touch record button

6.1.7 The ability to define camera resolution

(identify available resolutions)

6.1.8 The ability to connect a camera to a PC/Laptop

computer using USB2 or USB3 connections to

view video prior to uploading

6.1.9 The ability to connect a camera to a PC/Laptop

computer through a secure Wi-Fi connection

6.1.10 Memory card cannot be removed from camera

6.1.11 Minimum battery life: 10 hours

6.1.12 The ability to provide docking stations to

upload video from the camera to the network

6.1.13 Availability to have a screen on the camera for

viewing purpose and/or data administration

6.1.14 The ability to record at minimum 30 frames per

second

6.1.15 Cameras should not have any external cables or

components

6.1.16 The ability to have Horizontal Field of View At

minimum 100o

6.1.17 The ability to have Vertical Field of View At

minimum 90o

6.1.18 The ability to provide a visual signal that the

camera is recording

6.1.19 The ability to provide an alert that camera

storage is approaching maximum capacity

6.1.20 The ability to provide an low battery alert

6.1.21 Camera needs to be weatherproof/weather

resistant

6.1.22 Camera must withstand a drop of 20 feet

6.1.23 Video and audio must record and export in

standard, open non-proprietary format

6.1.24 The ability for the camera to focus on objects

from 1 foot away to infinity

6.1.25 The ability for the camera to capture

conversational speech at a distance of 3 feet

without wind or excessive background noise

6.1.26 The ability for the camera to record in low light

or night conditions

6.1.27 The ability for the camera to prevent deletion

or overwriting of data prior to it being

uploaded to the system

6.1.28 The ability for the camera to prevent loss or

corruption of data in the event of loss of power

(battery losses power)

6.1.29 The ability for the camera to operate within in

temperatures of -20oF to 110o F

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6.2 DATA MANAGEMENT SYSTEM REQUIREMENTS:

Reference

#


(A,S,M,N,T)

Xrf

6.2.1 The ability to have multiple indexes in

which data can be retrieved (e.g. officer ID,

Date & Time, Incident Number, Location

etc.)

6.2.2 The ability to search and retrieve based on

index

6.2.3 The ability to prevent modification of

original data

6.2.4 The ability to water mark or otherwise authenticate to show that data has not been

altered

6.2.5 The ability to meet standards for digital

evidence (e.g. proof that data has not been

modified, etc.)

6.2.6 The ability to specify a date/time range

when making a copy of data

6.2.7 The ability redact out specific data when

copies of data are made

6.2.8 The ability to categorize specific data (e.g.

evidence, internal investigation, etc.)

6.2.9 The ability to search based on category

6.2.10 The ability to automatically delete data

based on retention requirements

6.2.11 The ability to lock data so only specific

individuals can view or copy a video

6.2.12 The ability to provide an Audit Trial (e.g.

updating, viewing, copying)

6.2.13 The ability to define security by individual

or role based

6.2.14 The ability to import officers ID number

and Names from existing systems

6.2.15 The ability to use the system to manage

other digital evidence (e.g. digital photos,

other video, cell phone data, etc.)

6.2.16 The ability to extract a time portion of a

digital capture and identify it as evidence

6.2.17 The ability to create and store user defined

reports

Any vendor wanting to have the above tables (section 6.1 & 6.2) in a MS Word format for

completion please e-mail the Program Manager and Project Coordinator above to request a copy.

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SECTION 7 Technical Requirements

This section of the document defines the technical requirements for the proposed system which

address architecture, data, security, interfaces, and workflow.

7.1 RECOMMEND ARCHITECTURE

Provide in the response to the RFP the following architecture drawings based on the vendors recommended solution. Architecture should include how cameras upload video to the system.

1. A client server environment

2. Support VM Ware ESXI for server virtualization

3. Cloud Solution including bandwidth requirements

4. Identify bandwidth requirements

5. Identify the maximum number of docking stations per network connection

6. Identify file size for 1 hour of video for each available resolution

7. Is data encrypted during transmission

8. Is data encrypted during storage

9. Identify requirements to support approximately 8 to 10 City facilities where data can be captured or viewed

In addition the following should be included:

Operating System and Architecture (client & server)

Client Platform (e.g, NET, Internet Explorer)

Minimum available bandwidth for a client to view the video

If application provides Web access

Technologies used to develop the application

For on premise solutions: o Current version of Microsoft Windows server and client platform has to be supported o Solution uses the current version of Microsoft SQL database system o Discuss the ability to perform unattended installation of client software

7.2 TECHNICAL REQUIREMENTS

Reference

#


(A,S,M,N,T)

Xrf

7.2.1 The ability to provide architecture that is modular,

scalable, and extensible.

7.2.2 The ability to reside on any standard hardware platform

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Reference

#


(A,S,M,N,T)

Xrf

and operating system (not proprietary).

7.2.3 The ability to provide seamless integration to PC-based

MS Office products.

7.2.4 The ability to operate on most current version of

Internet Explorer.

7.2.5 The ability to use HTTPS and other secure means of

data transmission including data encryption.

7.2.6 The ability to interface with standard languages and

protocols (not proprietary).

7.2.7 The ability to configure software from an administrator

point of view, with full audit of any configuration

change captured.

7.2.8 The ability to interface with Microsoft SQL Server 2012

or higher.

7.2.9 The ability to provide complete online documentation

including: Installation/Set-up & Configuration,

Training/Tutorial, Application, Process Flow, and

Reference.

7.2.10 The ability to set-up alerts across all modules.

7.2.11 The ability to remotely manage the environment from a

Vendor or City IT perspective using a web interface.

7.2.12 The ability to provide redundant data storage

Any vendor wanting to have the above table in a MS Word format for completion please e-mail the

Program Manager and Project Coordinator to request a copy.

SECTION 8 Security Requirements

8.1 SECURITY AND AUDITS

Reference

#


(A,S,M,N,T)

Xrf

8.1.1 The ability to authenticate a persons credentials through Windows Active Directory.

8.1.2 Role-based access control supporting a separation of

duties for assigned roles

8.1.3 Describe how the recommended solution meets the

current U.S. Department of Justice Federal Bureau

Investigation Criminal Justice Information Services

(CJIS) Divisions Security Policy

8.1.4 The ability to produce reports which identify who

has access to run reports.

Audit trail log depicting report additions, deletions

or changes noting the user who made, time and date

stamp.

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Reference

#


(A,S,M,N,T)

Xrf

8.1.5 The ability to capture a before and after snapshot of

data (audit trails) that changes within a system in a

text-based, non-system specific, human readable

format. This should not hinder system performance,

and be configurable and user friendly.

8.1.6 The ability to capture when data is viewed and

noting the user, time and date stamp.

8.1.7 The ability to capture when reports are viewed and

noting the user who made, time and date stamp.

8.1.8 The ability to limit access to information based on

security level

8.1.9 The ability to display or edit fields based on security

level

8.1.10 The ability to limit edit capability to the record

creator & security level

Any vendor wanting to have the above tables (section 6.1 & 6.2) in a MS Word format for

completion please e-mail the Program Manager above to request a copy.

Section 9 City Of Rochester Agreement for Professional Services

AGREEMENT FOR PROFESSIONAL SERVICES Project Name: Consultant Name: Agreement #: Authorizing Ordinance:

I N D E X ARTICLE I Part 1. DESCRIPTION OF PROFESSIONAL SERVICES Part 2. SUBCONTRACTS Part 3. CITY RESPONSIBILITIES Part 4. FEES Part 5. TERM Part 6. TIME OF PERFORMANCE

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Part 7. REMOVAL OF PERSONNEL Part 8. AUTHORIZED AGENT Part 9. OWNERSHIP OF DOCUMENTS Part 10. CONFIDENTIALITY Part 11. ORGANIZATIONAL CONFLICT OF INTEREST ARTICLE II Part 1. QUALIFICATIONS, INDEMNITY AND INSURANCE Section 2.101 Consultant's Qualifications for Duties, Compliance and Permits Section 2.102 Consultant's Liability Section 2.103 General Liability Insurance Section 2.104 Worker's Compensation and Disability Benefits Insurance Section 2.105 Copyright or Patent Infringement Section 2.106 No Individual Liability Part 2. EMPLOYMENT PRACTICES Section 2.201 Equal Employment Opportunity Section 2.202 The MacBride Principles Section 2.203 Compliance with Labor Laws Section 2.204 Living Wage Requirements Part 3. OPERATIONS Section 2.301 Political Activity Prohibited Section 2.302 Lobbying Prohibited Section 2.303 Anti-Kickback Rules Section 2.304 Withholding of Salaries Section 2.305 Discrimination Because of Certain Labor Matters Section 2.306 Status as Independent Contractor Part 4. DOCUMENTS Section 2.401 Patents and Copyrights Section 2.402 Audit Section 2.403 Content of Sub-Agreements Part 5. TERMINATION Section 2.501 Termination for Convenience of the City Section 2.502 Termination for Default Part 6. GENERAL Section 2.601 Prohibition Against Assignment Section 2.602 Compliance with All Laws Section 2.603 Successors

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Section 2.604 Interest of City and Consultant in Contract Section 2.605 Permits, Laws and Taxes Section 2.606 Obligations Limited to Funds Available Section 2.607 Extent of Agreement Section 2.608 Law and Forum Section 2.609 No Waiver Section 2.610 Severability

AGREEMENT THIS AGREEMENT, entered into on the day of , 20_ , by and between the CITY OF ROCHESTER, a municipal corporation having its principal office located at CITY HALL, 30 Church Street, Rochester, New York, 14614, hereinafter referred to as the "City", and _______________________ with offices at __________________, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the City, , desires to secure the professional services of the Consultant to______________________, hereinafter referred to as the Project and; WHEREAS, the Consultant covenants that it has the personnel, skills and expertise required and wishes to undertake the Project. NOW THEREFORE, the City and the Consultant do mutually agree, in consideration of the covenants, terms and conditions contained herein, as follows:

ARTICLE I, Part 1. Description of Professional Services A.

B. The Consultant is to have on its staff and is to retain during the performance

of its services all appropriate professional personnel necessary to completely and accurately perform the work and services required.

C. The Consultant's obligations under this Section are in addition to the

Consultant's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the City may have against the Consultant for faulty materials, equipment or work.

ARTICLE I, Part 2. Subcontracts

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All services to be performed under this Agreement shall be performed with the Consultant's own employees, unless the City agrees that the Consultant may subcontract such services. Copies of all proposed Agreements between the Consultant and subcontractors shall be submitted to the City along with a statement of the subcontractor's qualifications. Such Agreements must be approved by the City in writing prior to initiation of work. All subcontracts under this Agreement are subject to all applicable provisions of this Agreement unless otherwise directed in writing by the City. The Consultant is responsible for the completion of all services under this Agreement in an acceptable and timely manner, including any services performed by a subcontractor, supplier or other party with whom the Consultant has a contract.

ARTICLE I, Part 3. City Responsibilities The City shall: A. B. Provide as complete information pertinent to the Project to the Consultant as

is reasonably possible. C. Examine all studies, reports, sketches, estimates, drawings, specifications,

proposals and other documents presented to the City by the Consultant for review and render decisions pertaining thereto within a reasonable period of time, so as not to delay the work of the Consultant.

ARTICLE I, Part 4. Fees A. In no event whatsoever shall the total fee payable to the Consultant pursuant

to this Agreement, including all costs and disbursements whatsoever, exceed Dollars ($ .)

B. The Consultant shall have the right to bill the City for services performed and

not already billed on a (monthly basis) (upon completion of all work required under this Agreement) (upon completion of ________________ ).

C. Payment Request The Consultant shall submit duly executed vouchers upon forms which shall

be supplied and in the manner prescribed by the City to receive payment. Invoices shall be attached to the vouchers.

ARTICLE I, Part 5. Term

This Agreement shall commence (upon execution by the parties) (on DATE) and shall terminate (one year from such date) ( on DATE).

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ARTICLE I, Part 6. Time of Performance A. The Consultant shall provide all reports, deliverables, and submittals in a

timely fashion. B. The Consultant shall not be held responsible for delays caused by the City of

Rochester or by other parties not directly under its control. C. The above time limits may be extended only by mutual written agreement of

the parties hereto. It is understood that it is the intention of the City to have the service performed under this Agreement carried out as expeditiously as possible.

ARTICLE I, Part 7. Removal of Personnel

All personnel assigned by the Consultant shall be subject to the approval of the City and be required to cooperate with the City project personnel. In the event that the Consultant's personnel fail to cooperate or perform their assigned tasks in a reasonable manner as determined by the City, the City may require the Consultant to replace such personnel.

ARTICLE I, Part 8. Authorized Agent A. The City hereby designates the: (City Department) City Hall 30 Church Street Rochester, New York 14614-1278 B. The Consultant hereby designates: or an authorized representative in case of absence, as Authorized Agents for

the receipt of all notices, demands, vouchers, orders, permissions, directions, and other communications pursuant to this Agreement, if dispatched by registered or certified mail, postage prepaid, or delivered personally to the Authorized Agents designated herein. The City's agent is authorized to request in writing such additional services within the maximum authorized compensation as the Agent deems necessary.

The parties reserve the right to designate other or additional Authorized

Agents upon written notice to the other. ARTICLE I, Part 9. Ownership of Documents

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All original notes, drawings, specifications and survey maps prepared by the Consultant under this Agreement, upon completion of the work required herein, or upon acceptance by the City of each individual Assessment report will become the property of the City and shall be delivered to the City's Authorized Agent. The Consultant may provide a complete reproducible set of drawings, specifications, survey maps and all other documents in lieu of the originals.

ARTICLE I, Part 10. Confidentiality

The Consultant agrees that any and all data, analyses, materials or other information, oral or written, made available to the Consultant with respect to this Agreement, and any and all data, analyses, materials, reports or other information, oral or written, prepared by the Consultant with respect to this Agreement shall, except for information which has been or is publicly available, be treated as confidential; and shall not be utilized, released, published or disclosed by the Consultant at any time for any purpose whatsoever other than to provide consultation or other services to the City.

ARTICLE I, Part 11. Organizational Conflict of Interest A. The Consultant warrants that to the best of the Consultant's knowledge and

belief, there are not relevant facts or circumstances which could give rise to an organizational conflict of interest, as herein defined, or that the Consultant has disclosed all such relevant information.

B. An organizational conflict of interest exists when the Consultant performs or

agrees to perform services for another party that could foreseeable implicate the City as a potentially responsible party in an environmental enforcement action or claim against the City or otherwise increase the potential liability of the City.

C. The Consultant agrees that if an actual or potential organizational conflict of

interest is discovered, the Consultant will make a full disclosure as soon as possible in writing to the City. This disclosure shall include a description of actions which the Consultant has taken or proposed to take, after consultation with the City, to avoid, mitigate, or neutralize the actual or potential conflict.

D. The City may terminate this Agreement in whole or in part, if it deems such

termination necessary to avoid an organizational conflict of interest. If the Consultant was aware of a potential organizational conflict of interest prior to award, or discovered an actual or potential conflict after award and did not disclose it, or misrepresented relevant information to the City, the City may terminate the Agreement, debar the Consultant from contracting with the City, or pursue such other remedies as may be permitted by law or this Agreement. In such event, termination of this Agreement shall be deemed a termination for default pursuant to Section 2.602.

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E. The Consultant further agrees to insert in any subcontract hereunder, provisions which shall conform to the language of this Article.

ARTICLE II, Part 1. Qualifications, Indemnity and Insurance Section 2.101 Consultant's Qualifications for Duties, Compliance and Permits A. The Consultant hereby agrees that it has, or will have, on its staff and will

retain during the performance of this service under this Agreement, all appropriate professional personnel necessary to completely and accurately perform the work and services under this Agreement.

B. The Consultant further agrees that the design of architectural or engineering

features of the work shall be accomplished by professionals licensed to practice in New York State.

C. The Consultant further agrees to insure that its subcontractors, agents or

employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform.

Section 2.102 Consultant's Liability

The Consultant hereby agrees to defend, indemnify and save harmless the City of Rochester against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the City may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the carrying out of any of the provisions or requirements of this Agreement, where such loss or expense is incurred directly or indirectly by the City, its employees, subcontractors or agents, as a result of the negligent act or omission, breach or fault of the Consultant, its employees, agents or subcontractors. If a claim or action is made or brought against the City and for which the Consultant may be responsible hereunder in whole or in part, then the Consultant shall be notified and shall be required to handle or participate in the handling of the portion of the claim for which it may be responsible as a result of this section.

Section 2.103 General Liability Insurance

The Consultant shall obtain at its own expense general liability insurance for protection against claims of personal injury, including death, or damage to property, arising out of the Project. The amount of said insurance coverage shall be the amount of Two Million Dollars if said insurance is a Defense within Limits policy under which all claim expenses are included within both the applicable limit of liability and self-insured retention. Otherwise, the insurance coverage shall be in the amount of One Million Dollars. Said insurance shall be issued by a reputable insurance company, authorized to do business in the State of New York. Said insurance shall also name the City of Rochester as an insured. The Consultant shall provide the City with a certificate of insurance from an authorized representative of

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a financially responsible insurance company evidencing that such an insurance policy is in force. Furthermore, the Consultant shall provide a listing of any and all exclusions under said policy. The insurance shall stipulate that, in the event of cancellation or modification the insurer shall provide the City with at least thirty (30) days written notice of such cancellation or modification. In no event shall such liability insurance exclude from coverage any municipal operations or municipal property related to this Agreement. (Section 2.104 Professional Liability Insurance) OPTIONAL SECTION - ADD IF APPROPRIATE AND RENUMBER FOLLOWING SECTIONS AND MAKE CHANGES TO INDEX)

The Consultant shall procure at its own expense professional liability insurance for services to be performed pursuant to this Agreement, insuring the Consultant against malpractice or errors and omissions of the Consultant, in the amount of One Million Dollars. The Consultant shall provide the City with a certificate of insurance from an authorized representative of a financially responsible insurance company evidencing that such an insurance policy is in force. The certificate shall contain a thirty (30) day cancellation clause which shall provide that the City shall be notified not less than thirty (30) days prior to the cancellation, assignment or change of the insurance policy. The Consultant shall also give at least thirty (30) days notice to the City of such cancellation, amendment or change, and of any lapse of insurance coverage under this Agreement.

Section 2.104 Workers' Compensation and Disability Benefits Insurance

This Agreement shall be void and of no effect unless the Consultant shall require all the Consultant's subcontractors to keep insured, during the life of this Agreement, all employees of said subcontractors as are required to be insured under the provisions of the Workers' Compensation Law of the State of New York. In the event the Consultant hires its own employees to do any work called for by this Agreement, then the Consultant agrees to so insure its own employees. The Consultant shall provide proof to the City, duly subscribed by an insurance carrier, that such Workers' Compensation and Disability Benefits coverage has been secured. In the alternative, Consultant shall provide proof of self-insurance or shall establish that Workers Compensation and/or Disability Benefits coverage is not required by submitting the current New York State Workers Compensation Boards form.

Section 2.105 Copyright or Patent Infringement

The Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use of adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom, providing however, that the City within ten days after receipt of any notice of infringement or of summons in any action therefore shall have forwarded the same to the Consultant in writing.

Section 2.106 No Individual Liability

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Nothing contained in the Agreement shall be construed as creating any personal liability on the part of any officer or agent of the City.

ARTICLE II, Part 2. Employment Practices Section 2.201 Equal Employment Opportunity A. General Policy

The City of Rochester, New York reaffirms its policy of Equal Opportunity and its commitment to require all contractors, lessors, vendors and suppliers doing business with the City to follow a policy of Equal Employment Opportunity, in accordance with the requirements set forth herein. This policy is adopted pursuant to the City's Affirmative Action Plan, Article XV - Contract Compliance. The City further does not discriminate on the basis of handicap status in admission, or access to, or treatment or employment in its programs and activities. The City is including these policy statements in all bid documents, contracts, and leases. Contractors, lessors, vendors and suppliers shall agree to comply with State and Federal Equal Opportunity laws and regulations and shall submit documentation regarding Equal Opportunity upon the City's request.

B. Definitions

GOOD FAITH EFFORT - shall mean every reasonable attempt to comply with the provisions of this policy by making every reasonable effort to achieve a level of employment of minority groups and female workers that is consistent with their presence in the local work force.

MINORITY GROUP PERSONS - shall mean a person of Black, Spanish surname

American, Asian American or American Indian ethnic or racial origin and identity. C. Compliance The Consultant shall comply with all of the following provisions of this Equal

Opportunity Requirement: 1. The Consultant agrees that he will not discriminate against any

employee for employment because of age, race, creed, color, national origin, sex, sexual orientation, disability, or marital status in the performance of services or programs pursuant to this Agreement, or in employment for the performance of such services or programs, against any person who is qualified and available to perform the work in which the employment relates. The Consultant agrees to take affirmative action to ensure that applicants are employed, and that applicants are hired and that employees are treated during their employment, without regard to their age, race, creed, color, national origin, sex, sexual orientation, disability, or marital status.

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2. If the Consultant is found guilty of discrimination in employment on the

grounds of age, race, creed, national origin, sex, sexual orientation, disability or marital status by any court or administrative agency that has jurisdiction pursuant to any State or Federal Equal Opportunity laws or regulations, such determination will be deemed to be a breach of contract, and this Agreement will be terminated in whole or part without any penalty or damages to the City on account of such cancellation or termination and the Consultant shall be disqualified from thereafter selling to, submitting bids to, or receiving awards of contract with the City of Rochester for goods, work, or services until such time as the Consultant can demonstrate its compliance with this policy and all applicable Federal and State Equal Opportunity laws and regulations.

3. The Consultant shall cause the foregoing provisions to be inserted in

all subcontracts, if any, for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

Section 2.202 The MacBride Principles

The Consultant agrees that it will observe Ordinance No. 88-19 of the City of Rochester, which condemns religious discrimination in Northern Ireland and requires persons contracting to provide goods and services to the City to comply with the MacBride principles. A copy of the MacBride principles is on file in the Office of the Director of Finance.

Section 2.203 Compliance with Labor Laws

The Consultant specifically agrees to comply with the labor law requirements of Articles 8 and 9 of the Labor Law of the State of New York, and, more specifically, with the requirements of Sections 220, 220-a, 220-d and 220-e of the Labor Law. These provisions require the payment of prevailing wages and supplements to, the verification of payment of wages of, and require preference in the employment of New York residents, and prohibit discrimination based on race, creed, color, sex, national origin, or age, and prohibit the permitting or requiring of more than eight hours per day and forty hours per week from laborers, mechanics, or workers on a public works construction project. The foregoing requirements do not generally apply to professional staff, draftsmen, or clerical help or most other employees of an engineer or architect who is performing design, research, or inspection work only. The Consultant shall, however, comply with all state, federal and local non-discrimination and equal employment opportunity laws and rules and will be subject under this Agreement to fines, penalties and contract termination when the City reasonably determines that the Consultant has unlawfully discriminated because of the race, color, creed, national origin, sex or age of any applicant for employment or any employees.

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Section 2.204 Living Wage Requirements A. Applicability of Living Wage Requirements This section shall apply and the Consultant shall comply with the requirements of

Section 8A-18 of the Municipal Code of the City of Rochester, known as the Rochester Living Wage Ordinance, in the event that payments by the City to the Consultant under this Agreement are equal to or greater than $50,000, or involves retention by the Consultant of fees equal to or greater than $50,000 during a period of one year. If this Agreement is amended to increase the amount payable hereunder to a value equal to or greater than fifty thousand dollars ($50,000) during a period of one year, then any such amendment shall be subject to Section 8A-18..

B. Compliance The Consultant shall pay no less than a Living Wage to any part-time or full-time

Covered Employee, as that term is defined in Section 8A-18B, who directly expends his or her time on this Agreement, for the time said person actually spends on this Agreement. Living Wage, as set forth in this Agreement, shall be the hourly amount set forth in Section 8A-18(C)(2), and any adjustments thereto, which shall be made on July 1 of each year and shall be made available in the Office of the City Clerk and on the Citys website, at www.cityofrochester.gov. Consultant shall also comply with all other provisions of Section 8A-18, including but not limited to all reporting, posting and notification requirements and shall be subject to any compliance, sanction and enforcement provisions set forth therein.

C. Exemption This section shall not apply to any of Consultants employees who are compensated

in accordance with the terms of a collective bargaining agreement. ARTICLE II, Part 3. Operations Section 2.301 Political Activity Prohibited

None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used during the performance of the Agreement for any partisan political activity, or to further the election or defeat of any candidate for public office.

Section 2.302 Lobbying Prohibited

None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the United States Congress, the Legislature of the State of New York or the Council of the City of Rochester.

Section 2.303 Anti-Kickback Rules

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Salaries of employees performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions that are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Consultant shall comply with applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Agreement to insure compliance by subcontractors with such regulations and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof.

Section 2.304 Withholding of Salaries

If, in the performance of this Agreement, there is notice to the City of any underpayment of salaries by the Consultant or by any subcontractor thereunder, the City shall withhold from the Consultant out of payments due to it an amount sufficient to pay the employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld may be disbursed by the City for and on account of the Consultant or subcontractor to the respective employees to whom they are due.

Section 2.305 Discrimination Because of Certain Labor Matters

No person employed on the work covered by this Agreement shall be discharged or in any way discriminated against because the person has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify at any proceeding relating to the labor standards applicable hereunder to that person's employer.

Section 2.306 Status as Independent Contractor

The Consultant, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself in a manner consistent with such status, that it will neither hold itself nor its employees out as, nor claim to be an officer or employee of the City by reason hereof, and that it and its employees will not by reason hereof, make any claim, demand or application for any right or privilege applicable to an officer or employee of the City, including but not limited to Workers' Compensation coverage, unemployment insurance benefits, social security coverage, and retirement membership or credit.

ARTICLE II, Part 4. Documents Section 2.401 Patents and Copyrights

The Consultant agrees that, in the event it, or any of its employees' develop any material for which a copyright can be obtained which material was developed as a

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result of or in connection wit