ACKNOWLEDGMENT OF RECEIPT IFB #: 3249-5 Description: DSX ACCESS CONTROL FOR MCC PAC Please provide the requested information below as acknowledgment that you have received our Invitation for Bid noted above. It is required that interested Bidders complete this acknowledgment and return via Fax to MCCCD Purchasing at (480) 731-8190 or email to purchasing@domail.maricopa.edu or by US Mail. All addenda/amendments will continue to be posted on our website at http://www.maricopa.edu/business/purchasing/. Failure to sign and return the "Acknowledge of Receipt" will result in your company not being sent any addenda to this IFB. Name of Firm: Address: Tel #: Fax #: E-Mail: Name: (Print) Title: Signature: Date: PLEASE NOTE: Failure to respond to this acknowledgement will result in you company being removed from our bidders mailing list for this commodity. ( ) We will not be responding to this solicitation please retain us on the bidder s mailing list.
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT INVITATION FOR BID #3249-5 DSX Access Control for PAC Mesa Community College PROPOSALS DUE: March 6, 2013 at 3:00 p.m. (local time) 2
SCHEDULE OF EVENTS EVENT DATE IFB Release: February 18, 2014 Bids due no later than: (3:00 PM local time) March 6, 2014 Award (Projected) March, 2014 3
TABLE OF CONTENTS SCHEDULE OF EVENTS 1.0 BACKGROUND 2.0 PURPOSE 3.0 BID SUBMITAL 4.0 STANDARD TERMS AND CONDITIONS 5.0 SPECIFIC TERMS & CONDITIONS FOR SPECIFIC TYPES OF PROCUREMENTS 6.0 EQUIPMENT SPECIFICATIONS 7.0 PRICING PAGE 8.0 ADDITIONAL REQUIREMENTS 9.0 BID FORMAT & SUBMITTAL REQUIREMENTS 10.0 SELECTION CRITERIA 11.0 SIGNATURE PAGE 4
1.0 BACKGROUND The Maricopa Community Colleges comprise ten colleges, two skill centers and numerous education centers dedicated to educational excellence, meeting the needs of businesses and the citizens of Maricopa County. Each college is individually accredited, yet part of a larger system, the Maricopa County Community College District. The District is one of the largest higher education systems in the world and the largest provider of health care workers and job training in Arizona, a major resource for business and industry and for individuals seeking education and job training. More than a quarter million students attend the Maricopa Community Colleges each year taking credit and noncredit courses. The Maricopa Community Colleges employs nearly 4,500 full-time faculty and staff and more than 9,000 part-time faculty and staff. Many management and staff positions (including clerical, crafts, food services, security, child care, maintenance and operations, custodial, grounds) become available throughout the year. All positions with the exception of certified safety officers are advertised individually as they occur. Maricopa Community Colleges is an equal opportunity employer of protected veterans and individuals with disabilities. 2.0 PURPOSE The purpose of this IFB is to solicit innovative and financially positive responses from qualified firms to provide a DSX Access Control System for the MCC PAC Building. 1. Furnish, install, program and test a DSX Access Control System in the PAC Building. 2. Furnish and install access control and/or door monitoring on twenty seven (27) Door Openings, three (3) Roof Hatches, and one (1) Concession Window Grille (see 2.1 for locations and description). 3. Furnish and install two (2) motion detectors in the PAC Building to be terminated and monitored by the DSX Access Control System. 4. Furnish, Install, Terminate, Test and Program all hardware as listed in Attachment 1 PAC Access Control System Door & Equipment Schedule. 5. Connect DSX Access Control System to customer provided network 6. Furnish and Install all necessary low voltage cabling and cable supports to provide a fully functional access control system. See Attachment 1 PAC Access Control System Door & Equipment Schedule for the minimum cable requirements for each device. This IS an all or nothing Bid. 5
2.1 LOCATIONS AND DESCRIPTIONS PAC Building Head End: IT Room 314 Door 224-3 Door 224-1 Door 224-2 Door 224-4 Furnish, install, & terminate two (2) DSX 1048 Packages and two (2) DSX Lock Power Modules (include battery back-up for panel and lock power module) DSX 1044 Package (include battery back-up for panel) DSX LAN Module for Network Connectivity door door Furnish, install, & terminate two (2) door es power transfer Electrified panic device with special dogging door Power Supply DSX 1048PKG and DSX SW.S150/28 DSX 1044PKG DSX LAN Von Duprin EPT-10 Von Duprin SD-QEL98NL-OP Furnish, install, & termination one (1) Card Reader HID 6005 Make Before Break Relay for Auto Operator Integration Furnish, install, & terminate two (2) DPDT relays for Auto Operator Integration Von Duprin PS914x4RxBBKxKL DC Controls X100 Altronix RB524 6
Auto Operator Functionality: Valid Card Read will momentarily unlock door and enable exterior push plate. Time zone will unlock door and enable exterior push plate during programmed time frame. Interior Push Plate Actuation will send Request-to-Exit signal to panel, momentarily unlocking door and activating auto operator. Door 247-1 power transfer Electrified panic device with special dogging Furnish, install, & terminate two (2) door es Power Supply Von Duprin EPT-10 Von Duprin SD-QEL98NL Von Duprin PS914x4RxBBKxKL Furnish, install, & termination one (1) Card Reader HID 6005 Make Before Break Relay for Auto Operator Integration Furnish, install, & terminate two (2) DPDT relays for Auto Operator Integration DC Controls X100 Altronix RB524 Auto Operator Functionality: Valid Card Read will momentarily unlock door and enable exterior push plate. Time zone will unlock door and enable exterior push plate during programmed time frame. Interior Push Plate Actuation will send Request-to-Exit signal to panel, momentarily unlocking door and activating auto operator. Door 222-2 Door 206-1 Door 202-1 Furnish, install, & terminate two (2) door es Furnish, install, & terminate two (2) door es power transfer Electrified panic device with special dogging 7 Von Duprin EPT-10 Von Duprin SD-QEL98NL
door Power Supply Von Duprin PS914x4RxBBKxKL Furnish, install, & termination one (1) Card Reader HID 6005 Door 335-1 power transfer Alarmed panic device with special dogging door Power Supply Von Duprin EPT-10 Von Duprin SD-9975-NL ALK 990NL Von Duprin PS914xBBKxKL Door 229-3 surface wire loop Ives 788C-12 Electrified panic device with special dogging door Power Supply Von Duprin SD-QEL98NL Von Duprin PS914x4RxBBKxKL Furnish, install, & termination one (1) Card Reader HID 6005 Door 248-1 Door 228-1 door Electric Strike on inactive leaf power transfer Von Duprin 6223 FSE 24VDC Von Duprin EPT-10 card reader HID 6005 Door 229-1 Electric Strike on inactive leaf 8 Von Duprin 6223 FSE 24VDC
Door 238-1 Door 241-1 Door 220-1 Door 222-1 Door 200-2 Door 200-3 Door 211-1 Door 225-1 power transfer 9 Von Duprin EPT-10 card reader HID 6005 Electric Strike on inactive leaf power transfer Von Duprin 6223 FSE 24VDC Von Duprin EPT-10 card reader HID 6005 Electric Strike on inactive leaf power transfer Von Duprin 6223 FSE 24VDC Von Duprin EPT-10 card reader HID 6005 Electric Strike on inactive leaf power transfer Von Duprin 6223 FSE 24VDC Von Duprin EPT-10 card reader HID 6005 Electrified panic device with special dogging electrified hinge Power Supply Von Duprin SD-QEL-9949L-2-F Ives 5BB1HW 4.5x4.5 TW6 Von Duprin PS914xFAxBBKxKL card reader HID 6005 door door door electric strike door Von Duprin 6211 FSE 24VDC
Door 310-1 Door 315-1 Door 220-3 Door 304-1 Door 306-1 Door 306-2 card reader HID 6005 electric strike door Von Duprin 6211 FSE 24VDC card reader HID 6005 door electric strike Von Duprin 6211 FSE 24VDC card reader HID 6005 electric strike door Von Duprin 6211 FSE 24VDC card reader HID 6005 electric strike door Von Duprin 6211 FSE 24VDC card reader HID 6005 electric strike door Von Duprin 6211 FSE 24VDC 10
Concession Window Grille 220-5 Roof Hatch 1 - Storage Room 315 Roof Hatch 2 - Control Room 306 Roof Hatch 3 - TBD Motion Detector 1 - Room 225 Motion Detector 2 - Lobby 223 card reader HID 6005 door door door door Dual Technology Motion Detector Dual Technology Motion Detector Sentrol SR.2505A Sentrol SR.2505A Sentrol SR.2505A Sentrol SR.2505A DMP DX60 DMP DX60 MINIMUM CABLING REQUIREMENTS (These are intended to establish a minimum requirement but it will be the responsibility of the Security Dealer to include sufficient shielding, gauge, and conductor quantity) Each Access Control Door (1) 22/6 Shielded Plenum Cable Belden or approved equal (2) 22/4 Plenum Cables Belden or approved equal (1) 18/2 Plenum Cable Belden or approved equal Door Status Monitored Opening (2) 22/4 Plenum Cables Belden or approved equal Roof Hatch (1) 22/4 Plenum Cable Belden or approved equal Motion Detector (1) 22/4 Plenum Cable Belden or approved equal DSX LAN Module (1) Cat6 Plenum Cable Belden or approved equal Note: All Cables are to be homerun. Use J-Hooks for Cable Supports. 11
3.0 BID SUBMITTAL A. All bids must be submitted in writing. Oral or telephone Proposals, modifications, or amendments will not be considered. Facsimile (fax machine) or computer data transfer submittals will not be accepted. Bidders shall only submit one (1) bid. Bidders must carefully review all bid documents to ensure that their bids reflect the most favorable terms possible. Submission of multiple bids will result in the rejection of all bids that the bidder submits. A bid must strictly comply with Section 9 - Bid Format & Submittal Requirements. Failure to comply with all provisions in this IFB may result in your bid being disqualified. B. BID PRICE MUST REMAIN FIXED FIRM FOR NINTY (90) DAYS FROM BID DUE DATE to allow time for evaluation and award. Price increases after issuance of the purchase order are not allowed. Bid prices must cover ALL the requirements for MCCCD, detailed in Section 6, including warranty, and all shipping and delivery charges. Warranty period will begin from the date of purchase and acceptance by MCCCD. Items bid are to be brand new from manufacturer including all manuals, if any, and product literature provided by manufacturer with new equipment. 3.1 PRE-BID MEETING No meeting is scheduled. 3.2 SITE VISITS No site visit is scheduled. 3.3 WITHDRAWAL OF BID A bidder may withdraw its bid by written request at any time prior to the deadline set for receipt of bids. Withdrawal requests must be in writing, signed by the bidder and received by MCCCD prior to the time designated for receipt of bids. No bid may be withdrawn or modified after that deadline. Withdrawn bids may be resubmitted up to the time designated for the receipt of bids. Unless otherwise specified under Paragraph 2.0 above, bids shall be binding upon bidders for a period of ninety (90) days after due date and any additional units may be purchased at the agreed upon price for that period (90 days). 3.4 ADDENDA Any interpretation, correction, or change of this IFB will be made by written addendum issued by the MCCCD Purchasing Department. Interpretations, corrections, or changes of this IFB made in any other manner will not be binding, and bidders may not rely upon such interpretations, corrections, and changes. Addenda will be mailed or faxed to all that are known to have received a copy of the IFB. Addenda will also be posted to the bid documents on the Purchasing website located at www.maricops.edu/purchasing. Since failure to acknowledge any addendum(s) may be cause for rejection, bidders must return the addendum/completed acknowledgment(s) prior to or with their bids. 3.5 DEVIATIONS Bids that deviate from the IFB s specifications or scope of work, or that take exception to the Terms and Conditions specified in Parts 4.0 and 5.0 are subject to rejection without consideration. 3.6 PROPRIETARY INFORMATION Under Arizona public records law, documents in the hands of MCCCD are presumed to be public unless they qualify as confidential under a narrow set of criteria. Bidders must identify and mark the specific materials that they claim are proprietary. However, be aware that most if not all of what is generally contained in a bid does not qualify for confidentiality under the law. MCCCD Purchasing Manager will make the final determination as to whether or not the information is confidential. MCCCD discourages the submission of bids that designate significant amounts of information as 12
proprietary and will only make a reasonable effort to protect the confidentiality of any such information. MCCCD, as a public entity subject to the State of Arizona s public records law, cannot and does not warrant that proprietary information will not be disclosed. MCCCD has the right to use any or all information included in the bids submitted for its own, non-commercial purposes. 3.7 SUBMISSION OF BIDS Submit your bid in the following manner: one original (marked as such), one copy, and one copy in PDF format on CD/DVD/Flash drive. Your bid must be received no later than 3:00 PM, (local time) March 6, 2013 at the following location (when delivering your proposal please allow for sufficient time to check in through the Security Desk): Main Lobby Reception Desk Maricopa County Community College District 2411 W. 14 th St. Tempe, AZ 85281 The bids must be in a sealed envelope or box with the name of the IFB, IFB number, and the date and time of deadline for receipt marked prominently on the outside of the envelope or box. Facsimile (fax machine) or computer data transfer of bids will not be accepted as an original. Any bids received after this date and time will not be accepted or considered. PLEASE NOTE: A. If you are hand-carrying or having a bid hand-delivered, you or the delivery agent should allow sufficient time to arrive, park, and go through security prior to dropping off your bid. This applies to any other method of delivery (FedEx, UPS, USPS, etc.) as well. Regardless of the method of delivery, it is your responsibility to insure on-time delivery of the proposal package. B. In an effort to help MCCCD manage its filing/storage facilities, submit only the necessary and pertinent materials and documentation. Refrain from submitting bulky promotional items, such as ring binders, catalogs and brochures that are not pertinent to the submittal. 3.8 OPENING OF BIDS Bids will be opened publicly, immediately following the deadline for receipt. 3.9 EVALUATION OF BIDS This IFB does not constitute a commitment by MCCCD to award a contract. MCCCD reserves the right to: waive any informalities; reject any or all bids; cancel the IFB; make multiple awards; or award all or only a portion of the IFB requirements. The contract will be awarded to the lowest responsive and responsible bidder whose bid meets, in all material respects, the requirements and criteria defined in the IFB. No contract award will occur until MCCCD sends a notice of award, issues a purchase order, or, if MCCCD decides to create a separate signed agreement, signs that agreement. 3.10 POINT OF CONTACT Bidders are not permitted to contact MCCCD staff or members of the IFB review team, if any, once the IFB has been issued until time of award. Questions must only be sent to the buyer identified below. Louis Anaya, C.P.M., Buyer I Maricopa County Community College District 2411 W. 14 th St. Tempe, AZ 85281-6942 13
(480) 731-8645 Email: louis.anaya@domail.maricopa.edu 3.11 COST OF PREPARING BIDS, PROVIDING ADDITIONAL MATERIALS Any and all costs associated with the preparation of responses to this IFB, including site visits and any other costs, are the sole responsibility of the bidder and are not reimbursable in any manner by MCCCD.MCCCD 3.12 COMPONENTS OF THE CONTRACT The provisions of this IFB and amendments to it, the bid of the bidder awarded the contract, and MCCCD s purchase order terms will constitute the provisions of the contract between MCCCD and successful bidder ( Contract ). The IFB, amendments to it, and MCCCD s purchase order terms will take precedence over any inconsistent terms in a bid or in the successful bidder s ( Contractor ) other documents. In some cases, MCCCD may wish to integrate these component documents into a single contract document signed by both parties. MCCCD reserves the right to negotiate with the Contractor and modify any of the provisions of the Contract upon mutual written agreement of the parties. 3.13 CONTRACT COMMENCEMENT; ISSUANCE OF A PURCHASE ORDER It is the intent of MCCCD to commence the contract awarded under this IFB on or before July 1, 2013. However, the bidder awarded the contract may not initiate any activities related to the award until it receives a purchase order from MCCCD. 3.14 NON-COLLUSION MCCCD encourages free and open competition. Whenever possible, specifications and terms and conditions are designed to accomplish this objective. The bidder's signature on its bid guarantees that any prices offered have been established without collusion with other eligible bidders and without any effort to preclude MCCCD from obtaining the best possible competitive price. 3.15 SUBSTITUTE ITEMS The materials, equipment or services specified in the IFB reflect MCCCD s determination that the item sought meets its needs and standards. Therefore, the bids must demonstrate that the bidder proposes to supply those materials, equipment or services that the IFB requests. Bids that offer substitute items are not permitted as this requirement is to match existing DSX hardware and software that is currently in use at Mesa Community College. 4.0 STANDARD TERMS AND CONDITIONS 4.1 CONTRACT TERM Single one-time purchase (non-extendable contract One-year purchase with extension options Other: 4.2 LEGAL WORKER REQUIREMENTS To the extent applicable to this Contract under Arizona Revised Statutes 41-4401, Contractor warrants on behalf of itself and its subcontractors that it verifies the employment eligibility through the e-verify program of any employee it hires and complies with federal immigration laws and regulations relating to their employees. Contractor understands that a breach of this warranty is a material breach of the Contract that is subject to penalties up to and including termination of the Contract. As required by law, MCCCD retains the legal right to inspect the papers relating to the Contract of any Contractor or subcontractor employee who works on the Contract to ensure that the Contractor or subcontractor is complying with the warranty specified in this clause. 14
4.3 CERTIFICATIONS Pursuant to Arizona Revised Statutes 35-391.06 & 35-393.06, Contractor certifies that it does not have a scrutinized business operation in either Sudan or Iran. 4.4 PARTIES TO AGREEMENT The Contract shall be between MCCCD and the successful bidder ( Contractor ). 4.5 LIABILITY FOR TAXES The Contractor is responsible for paying all taxes applicable to its operations, business property and income. MCCCD shall not be liable for any tax imposed either directly or indirectly upon the Contractor, except that MCCCD will pay as part of the Contract price any transaction privilege or use tax assessed on Contractor s provision of the services, equipment or materials under the Contract. 4.5 FORCE MAJEURE If the performance of a party under this Contract is interrupted or suspended due to riots, wars, public emergencies or calamities, fires, earthquakes, Acts of God, government restrictions, labor disturbances or strikes, or other conditions beyond any control of that party ( Force Majeure ), performance will be suspended or excused for the reasonable duration of the Force Majeure. The party claiming that its performance is interrupted or prevented must promptly deliver notice to the other party identifying the Force Majeure and use its best efforts to perform to the extent that it is able. If the Force Majeure does not abate within a reasonable amount of time, then either party may terminate this Contract by providing written notice to the other party. Alternatively, the parties may agree to extend the term of the Contract for a period of time equal to the duration of the Force Majeure. 4.6 CONTRACT ASSIGNMENT Contractor may not, in part or in whole, subcontract (except as otherwise specified in Contractor s bid, delegate or assign this Contract without the prior written permission of a representative of MCCCD authorized to sign contracts. 4.7 NO WAIVER MCCCD's failure to notify the Contractor or to object to the Contractor's non-compliance with the terms of the Contract shall not be deemed a waiver of MCCCD's right to demand compliance with the Contract or to terminate the Contract for breach for the Contractor's subsequent non-compliance with any term of the Contract, or its repeated failure to perform according to the Contract. 4.8 CONTRACT EXTENSION If the term of this Contract is extendable, MCCCD may provide the Contractor with written notice of any intent to extend the Contract ninety (90) days before the end of the initial or subsequent Contract term. Alternatively, MCCCD may simply issue a purchase order to the Contractor for the extended term. MCCCD reserves the right to unilaterally extend the period of any Contract for sixty (60) days beyond the stated expiration date. 4.9 FINANCIAL TRANSACITONS If the Contractor is responsible for handling any type of financial transaction for MCCCD, the Contractor shall demonstrate annually, as applicable, that it complies with the Statement on Standards for Attestation Engagements (SSAE) No. 16, known as SSAE 16, established by the Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants (AICPA). The Contractor shall provide its annual report, as applicable, on a reporting form or forms adopted as part of SSAE No. 16 no later than 30 days after MCCCD requests it in writing. 4.10 FERPA 15
If Contractor has access to students' educational records, Contractor shall limit its employees' access to the records to those persons for whom access is essential to the performance of this Contract. Except as necessary to perform the work under this Contract, Contractor is prohibited from disclosing those records. At all times during this Contract, Contractor shall comply with the terms of the Family Educational Rights and Privacy Act of 1974 in all respects and shall be responsible for ensuring that any subcontractors involved in the Contract work also comply. 4.11 INSURANCE REQUIREMENTS Generally speaking, MCCCD wishes to do business only with vendors who embrace good business practices. Therefore, the Contractor shall maintain during the term of the Contract the insurance policies specified in this paragraph issued by companies licensed in Arizona with a current A.M. Best rating of A:VIII or better. Before the start of Contract performance, MCCCD has the right to direct the Contractor to furnish the MCCCD Risk Manager with certificates of insurance evidencing the required coverage, conditions, and limits required by the Contract at the following address: MCCCD Risk Manager 2411 West 14 th Street Tempe, AZ 85281-6942 Tel: 480-731-8879 / Fax: 480-731-8890 The insurance policies, except Workers Compensation and Professional Liability, must be endorsed to name Maricopa Community Colleges, its agents, officers, officials, employees, and volunteers as additional insured with this language or its equivalent: Maricopa County Community College District, its agents, officers, officials, employees, and volunteers are hereby named as additional insureds as their interest may appear. In the event any insurance policy(ies) required by the Contract is (are) written on a claims made basis, coverage shall extend for two years past completion and acceptance of the Contractor s work or services and must be evidenced by annual certificates of insurance. The insurance policies shall be endorsed stating that they shall not expire, be cancelled, suspended, voided, or materially changed without 30 days written notice by certified mail to MCCCD Risk Manager. The Contractor s insurance must be primary, and any insurance or self-insurance maintained by MCCCD shall not contribute to it. If any part of the Contract is subcontracted, these insurance requirements also apply to all subcontractors. A. Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, personal injury, and products and completed operations, including but not limited to, the liability assumed under the indemnification provisions of this Contract. B. Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000.00 each occurrence with respect to the Contractor s owned, hired, and non-owned vehicles. C. Worker s Compensation insurance with limits statutorily required by any Federal or State law and Employer s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. D. If applicable, Professional Liability insurance covering acts, errors, mistakes, and omissions arising out of the work or services performed by the Contractor, or any person employed by the Contractor, with a limit of not less than $1,000,000 each claim. 4.12 INDEMNIFICATION To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless MCCCD, its agents, officers, officials, employees, and volunteers from and against all claims, 16
damages, losses, and expenses (including but not limited to attorney fees and court costs) arising from the negligent or intentional acts or omissions of the Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of the Contract. The amount and type of insurance coverage requirements set forth above will in no way be construed as limiting the scope of indemnification in this paragraph. Contractor shall also indemnify, defend and hold harmless MCCCD and its officers, officials, employees and agents against any claim (including but not limited to attorney fees and court costs) that their authorized use of Contractor s services or materials under this Agreement violates the claimant s property rights. Contractor shall be responsible for obtaining any intellectual property consents for materials or services that it provides under this Contract. 4.13 PERMITS The Contractor shall be financially responsible for obtaining all required permits, licenses, and bonding related to this Contract to comply with pertinent municipal, county, State and Federal laws. 4.14 PROVISION OF SUPPLIES, MATERIALS AND LABOR The Contractor shall furnish all materials, equipment, and services, as appropriate, for the efficient and sound performance of this Contract, or in subsequent extensions or amendments. 4.15 CONFLICT OF INTEREST Notice is given of Arizona Revised Statutes 38-511 under which MCCCD may cancel a contract without recourse for any conflict of interest described in that law. See: http://www.azleg.gov/formatdocument.asp?indoc=/ars/38/00511.htm&title=38&doctype=ars 4.16 SAFEKEEPING OF RECORDS Contractor shall keep in a safe place all financial and performance records and statements pertaining to this Contract for a period of three (3) years from the close of each term of the Contract. 4.17 AUDITS Contractor shall make available during normal business hours and with advance notice from MCCCD all records pertaining to the Contract for purposes of audit by MCCCD staff or other public agencies having jurisdiction over or audit rights involving the expenditure of MCCCD funds. 4.18 UNAUTHORIZED COSTS OR COSTS OUTSIDE SCOPE OF AGREEMENT; TRAVEL A. Costs or expenses of the Contractor relating to its performance of this Contract that are not included in the Contract price are the sole responsibility of the Contractor and not of or reimbursable by MCCCD. B. If, for good cause, any amendment to the Contract specifies that MCCCD will reimburse the Contractor a specific cost, Contractor may not charge MCCCD that cost without MCCCD approving a prior estimate of it. Additionally, MCCCD reimburses travel and related expenses only at the rate that it reimburses its employees. 4.19 NON-DISCRIMINATION In connection with the performance of work under this Contract, the Contractor agrees to comply with all applicable laws and executive orders relating to discrimination and equal opportunity. Additionally, Contractor shall not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex (including sexual harassment and pregnancy), 17
sexual orientation, handicap/disability, age and disabled or Vietnam era veteran status. The Contractor shall at all times comply with the Americans with Disabilities Act as it may apply. 4.20 COMPLIANCE WITH LAWS The Contractor shall at all times comply with the Federal Immigration Reform and Control Act of 1986 (and by any subsequent amendments to it) and shall indemnify, hold harmless, and defend MCCCD from any and all costs or expenses whatsoever arising out of Contractor's compliance or noncompliance with that law. Additionally, Contractor agrees to abide by all applicable laws that apply to it and this Contract, including executive orders of the Governor of the State of Arizona 4.21 CONTRACT TERMINATION A. MCCCD may terminate this Contract for convenience by giving Contractor 15 day s written notice of termination. B. A non-breaching party may terminate this Contract for the failure of the other party to comply with this Contract by giving that other party 10 days written notice of the failure to comply. MCCCD s dispute of the quality of Contractor s materials, equipment or services, or of a Contractor invoice, will not be considered a breach of this Contract. C. MCCCD may terminate this Contract immediately if the Contractor files for bankruptcy or receivership, or takes any actions relating to insolvency, such as an assignment for the benefit of creditors. 4.22 BREACH CURE; REPLACEMENT The Contractor shall perform all requirements of the Contract in a manner consistent with the highest industry standards. If MCCCD provides the Contractor with a 10-day written notice under the Contract Termination Clause, Paragraph 4.21, that Contractor has breached the Contract, the Contractor must take immediate action to correct the deficiency identified in the notice. Contractor s failure to cure the deficiency within 10 days of receipt of the written notice will result in termination of the Contract. On termination, MCCCD has the right to purchase replacement services or materials and well as to exercise all of its remedies under applicable law and in equity. That includes recovery of its expenses and the costs associated with the Contractor s failure to comply with the Contract, including the costs of alternative services or materials to complete the Contract work to MCCCD s satisfaction. 4.23 INTERPRETATION The parties intend this Contract to express their complete and final agreement. 4.24 RISK The Contractor assumes all risk as to difficulties that are due to any unfavorable conditions within its direct and indirect control except for Force Majeure. Additionally, the Contractor assumes all risk for difficulties in the nature of the project or the work that the Contractor knew or should have known about at the submission of its bid or, if applicable, at the time of individual purchases under this Contract. 4.25 CONFIDENTIAL INFORMATION/PRIVACY LAWS For purposes of this Contract, Confidential Information is defined as any and all information and data whose collection, disclosure, protection, and disposition is governed by state or federal law or regulation. This information includes, but is not limited to, Social Security Numbers, student records, financial records regarding students (or their parents or sponsors), financial and personal information regarding MCCCD employees, and other personally identifiable information identified by law. Contractor agrees that Confidential Information provided to them during the Contractor s performance under the Contract shall be used only and exclusively to support the service and service 18
execution and not for any other purpose. This shall include not examining data for targeted marketing either within the confines of the service or external to the service (e.g., keyword indexing). The Contractor may use aggregate statistics on service usage in order to enhance or optimize the functionality of the service. If applicable, Contractor warrants and confirms that it meets the Payment Card Industry Data Security Standard (PCI) and other major payment card association security requirements related to cardholder data. 4.26 PURCHASES OF OTHER PUBLIC ENTITIES MCCCD has entered into Cooperative Purchasing Agreements with Arizona State University, Maricopa County, and other public entities. MCCCD is also an active member of the Strategic Alliance for Volume Expenditures (SAVE) Cooperative agreement. Under these Cooperative Purchasing Agreements and with the concurrence of the Contractor, other public entities that are members of these associations or any entity within MCCCD may purchase services, equipment or materials, as applicable, off of this Contract unless Contractor explicitly specified in its bid that it did not want to make the Contract available other than to MCCCD. This provision applies only to contracts that are for the provision of services, equipment or materials on an as-needed basis throughout the contract term, and not to contracts for specific projects or one-time purchase where the contract expires on the completion of the project or the purchase. 4.27 SUDAN AND IRAN Pursuant to Arizona Revised Statutes 35-391.06 and 35-393.06, Contractor certifies that it does not have a scrutinized business operation in either Sudan or Iran. 4.28 PAYMENT; BILLING A. MCCCD will pay for services, equipment or materials under the Contract after the Contractor has supplied them and only after the Contractor submits a detailed invoice iteming the services/deliverables, equipment or materials provided and the dates that they were provided. MCCCD may request supporting documentation for an invoice. Where the Contractor is to provide services or materials over a period of time, such as for a project, MCCCD may agree to pay progress payments. Progress payments will be paid in arrears and require that the Contractor submit the detailed invoice specified in this clause. MCCCD reserves the right to dispute an invoice or make partial payment based on the Contractor s failure to perform the Contractor s work according to the Contract, including for lack of timeliness or failure to provide deliverables. CONTRACTOR MAY NOT BEGIN WORK UNDER THE CONTRACT NOR WILL ANY PAYMENT BE MADE WITHOUT THE CONTRACTOR RECEIVING A SIGNED PURCHASE ORDER FROM THE MCCCD PURCHASING DEPARTMENT. B. If MCCCD permits the Contractor to receive progress payments, Contractor may only invoice in increments of 30 days or more. The monthly billings should be submitted to the BILL TO address or E MAIL ADDRESS shown on the purchase order. 4.29 ADVERTISING AND PROMOTION The name or logos of the Maricopa County Community College District or those of any of the colleges, skill centers, or programs under MCCCD s jurisdiction, shall not be used by Contractor except as may be required to perform this Contract and as approved under MCCCD s Use of MCCCD Marks regulation at: http://www.maricopa.edu/publicstewardship/governance/adminregs/auxiliary/4_19.php 4.30 UNAVAILABILITY OF FUNDS 19
MCCCD may terminate this Agreement, without penalty, if its Governing Board fails to appropriate funds in subsequent fiscal years to support the specific program that is the subject of this Agreement. MCCCD shall give Contractor prompt written notice after it knows that funding will not be available. 4.31 NO WAIVER OF SOVEREIGN IMMUNITY Nothing in this Agreement shall be interpreted or construed to waive MCCCD s sovereign immunity under the laws of the State of Arizona. 4.32 APPLICABLE LAW The laws of the State of Arizona apply to every aspect of this Contract. 4.33 PROPERTY RIGHTS Except for pre-existing works of the Contractor or works of third parties for which Contractor has the permission to supply to MCCCD under this Contract, MCCCD shall, at all times, retain ownership in and the rights to any creative works, research data, reports, designs, recordings, graphical representations, or works of similar nature ( Works ) to be developed and delivered under this Contract. Contractor agrees that the Works are works for hire and assigns all of the Contractor s right, title, and interest to MCCCD. 4.34 DOCUMENTATION OF ANALYSES TO SUPPORT FINDINGS, CONCLUSIONS AND RECOMMENDATIONS If the work under the Contract requires the Contractor to make findings, conclusions or recommendations to MCCCD, the Contractor shall retain during performance and provide to MCCCD detailed analyses relating to each of its findings, conclusions or recommendations, whether or not the analyses support or are inconsistent with the findings, conclusions or recommendations. Unless specified in Part this IFB, Contractor shall provide that documentation separately but at the same time that it presents its findings, conclusions and recommendations. MCCCD reserves the right to withhold or deduct payments otherwise due to Contractor if it fails to provide the detailed analyses. 4.35 NOTICES Notices to MCCCD under this Contract shall be made to: Purchasing Manager, Maricopa Community Colleges, 2411 West 14th Street, Tempe, Arizona 85281-6942. 4.36 REVISIONS TO THE CONTRACT WORK OR PRICE Contractor is on notice that the only MCCCD representatives who may authorize revisions to the Contract are the persons at MCCCD s District Office who are authorized to sign contracts. Revisions include deletions of or additions to the work, alterations of performance time, or changes in pricing. Any revision must be reflected in a written amendment to the Contract that is signed by a representative of MCCCD authorized to sign contracts. The person requesting a revision in the Contract, whether it is the Contractor or an MCCCD employee, must provide the MCCCD authorized representative with documentation to support the requested change. It is the Contractor s responsibility to ensure that revisions of the Contract have been appropriately authorized before proceeding with the revised work. MCCCD may review a fully documented request for a price increase only after the Contract has been in effect for one (1) full year. Unless the Contractor s scope of work has increased at MCCCD s authorization, a price increase adjustment shall only be considered at the time of a Contract extension and shall be a factor in the extension review process. The requested increase shall be based upon a cost increase to the Contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the material, equipment or service concerned. MCCCD shall determine whether the requested price increase or an alternate option is in its best interest. 20
4.37 GIFTS, GRATUITIES, UNRELATED COMPENSATION AND CONFLICTS OF INTEREST In the interest of public stewardship, MCCCD holds its employees, officers, and vendors to high ethical standards. Arizona state law prohibits an MCCCD employee or officer from participating in any way in any MCCCD decision, contract, sale or purchase if he or she has received something of value from an outside party whose interests are involved in that MCCCD decision, contract, sale or purchase. Additionally, Arizona state law precludes any MCCCD employee or officer from obtaining compensation of any kind for performing his or her responsibilities other than the compensation provided by MCCCD. MCCCD also has adopted a regulation that prohibits any employee from accepting any cash, currency, item with a value of more than $50 (from a single source in a fiscal year), meal, beverage or cost of entertainment if it could be interpreted as an enticement to receive MCCCD business (whether or not paid for by a vendor or by a vendor s personal funds) or if there is an expectation of future financial benefit to the vendor. In keeping with these policies, Contractor certifies that neither it nor, if applicable, its subcontractors, suppliers, or distributors, has offered anything of value, and will not offer anything of value so long as it does business with MCCCD, to an MCCCD employee or officer responsible for MCCCD decisions, contracts, sales or purchases that may benefit Contractor or its subcontractors, suppliers or distributors. 4.38 SAFETY PROGRAM Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in relating to, and arising out of, the Contractor's performance under the Contract. Contractor shall take all necessary precautions for the safety of, and shall provide all necessary protection to prevent damage, injury, or loss to: A. All employees on the work site and all other persons who may be affected. B. All of the work, materials, and equipment to be incorporated therein, whether in the work site, storage or of the work site. Contractor shall comply with all applicable laws, ordinances, rules and regulations of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. As applicable, Contractor shall erect and maintain, as required by existing and future conditions of the Contract, all necessary safeguards for safety and protection, including posting danger signs and other warning against hazards and promulgating safety regulations. Contractor shall comply with all OSHA standards as they apply to the Contractor's performance. 4.39 COMPONENTS OF THE CONTRACT The provisions of this IFB and amendments to it, the bid of the bidder awarded the contract, and MCCCD s purchase order terms will constitute the provisions of the contract between MCCCD and Contract. The IFB, amendments to it, and MCCCD s purchase order terms will take precedence over any inconsistent terms in a bid or in the Contractor other documents. 4.40 DATA OWNERSHIP, RETENTION AND RETRIEVAL As a political subdivision of the state of Arizona, the Maricopa County Community College District (MCCCD) is subject to applicable laws related to the inspection and production of public records. A public record entails any record, either paper or electronic, made by a public officer (including members of the Governing Board, faculty, staff and administrators) and kept as a memorial of an official transaction. Pursuant to ARS 41-151.12, MCCCD must retain records according to established retention periods. Records required for ongoing or foreseeable official proceedings such as audits, lawsuits or investigations must be retained until released from such official proceedings. If the Contractor is supplying hosted services to MCCCD, those services must comply with all of the following: archive records according to variable time periods/life cycles; 21
search and retrieve records based upon content; place a litigation hold on records to ensure that they are not deleted; grant direct access to the MCCCD for its own search and production of records; preserve meta data; produce electronic records in their native format; and be compliant with the Americans With Disabilities Act. MCCCD owns all of the records and data that the Contractor hosts on MCCCD s behalf. Contractor will not disclose, use, destroy, transfer or otherwise manage those records and data except as provided in the Contract or, if the Contract is silent, without the express written approval of an authorized MCCCD representative. Contractor will work with MCCCD to transfer all of MCCCD s records and data to MCCCD on the termination or expiration of the Contract. 4.41 PRIVACY LAWS AND CONFIDENTIAL INFORMATION For purposes of this Contract, Confidential Information is defined as any and all information and data whose collection, disclosure, protection, and disposition is governed by state, federal or international law. This information includes, but is not limited to, Social Security Numbers, student records, financial records regarding students (or their parents or sponsors), financial and personal information regarding MCCCD employees, and other personally identifiable information identified by law. If the Contractor has access to MCCCD Confidential Information under this Contract, Contractor agrees that Confidential Information provided to them will be used only and exclusively to support the service and service execution and not for any other purpose. This will include not examining data for targeted marketing either within the confines of the service or external to the service (e.g., keyword indexing). Contractor warrants and confirms that its hosting services meets applicable legal and industry security standards, including qualifying for safe harbor rules under applicable data breach laws. Contractor will indemnify, defend and hold MCCCD harmless from claims of any kind relating to the disclosure of Confidential Information caused due to the hosting of that information by Contractor. At all times during this Contract, Contractor will maintain privacy policies and data breach response plans that comply with the requirements of applicable laws and the regulatory agencies responsible for enforcing them. Contractor will supply the appropriate MCCCD representative with copies of those policies and plans upon request. 4.42 CYBER INSURANCE If Contractor has access to MCCCD Confidential Information under this Contract, Contractor will maintain during the term of the Contract insurance policies covering cyber attacks at levels that MCCCD approves covering data security and breach.. 4.43 COOPERATION If the Contractor has access to Confidential Information under this Contract, Contractor agrees to provide 24-hour notice to MCCCD s Office of the General Counsel (480-741- 8878) of instances in which it reasonably believes that MCCCD s Confidential Information may have been inappropriately accessed. Additionally, Contractor will supply MCCCD with a description about the Confidential Information that was accessed as Contractor has available at the time of the notice, and will keep the MCCCD Office of General Counsel updated promptly as additional details about the nature of the Confidential Information become available. 22
5.0 STANDARD TERMS AND CONDITIONS FOR SPECIFIC TYPES OF PROCUREMENTS 5.1 MATERIALS AND EQUIPMENT A. Title and Risk of Loss. The title and risk of loss of materials and equipment (collectively, Goods ) will not pass to MCCCD until the Goods are within MCCCD s care, custody and control at the point of delivery. B. Delivery/FOB. Delivery of Goods under this Contract is Free on Board Destination. The Contract prices must include shipping, delivery and unloading costs. C. Substitutions. Contractor may not substitute Goods required under this Contract. Providing substitutions or any attempt to do so will be considered a breach of the Contract. D. Warranties. In addition to the warranties that apply by law, Contractor shall provide MCCCD at the start of performance under this Contract with all documentation regarding additional warranties relating to the Goods. E. Purchase Order Terms. See MCCCD s purchase order terms for additional requirements at: http://www.maricopa.edu/purchasing/t&c.html 5.2 SERVICES A. Performance Standards. Contractor shall, at all times during this Contract, provide the services within the highest standards of its profession. Contractor certifies that it shall maintain all applicable licenses/certifications and must provide notice immediately to MCCCD of any change in any license/certification. Contractor warrants that the services provided shall conform to the Contract. B. Record and Data Retention and Ownership. As a political subdivision of the state of Arizona, MCCCD is subject to applicable laws related to the inspection and production of public records. A public record entails any record, either paper or electronic, made by a public officer (including members of the Governing Board, faculty, staff and administrators) and kept as a memorial of an official transaction. Pursuant to Arizona Revised Statutes 41-151.12, MCCCD must retain records according to established retention periods. Records required for ongoing or foreseeable official proceedings such as audits, lawsuits or investigations must be retained until released from such official proceedings. Thus, the Contractor s hosted system shall have the ability to: 1. archive records according to variable time periods/life cycles; 2. search and retrieve records based upon content; 3. place a litigation hold on records to ensure that they are not deleted; 4. grant direct access to MCCCD for its own search and production of records; 5. preservation of meta data 6. be fully accessible to the disabled in compliance with the Americans With Disabilities Act as well as applicable state laws MCCCD owns all of the records and data that the Contractor hosts on MCCCD s behalf. Contractor shall not disclose, use, destroy, transfer or otherwise manage those records and data except as provided in the Contract or, if the Contract is silent, without the express written approval of an authorized MCCCD representative. Contractor shall work with MCCCD to transfer all of MCCCD s records and data to MCCCD on the termination or expiration of the Contract. 23
6.0 Equipment Specifications DSX Access Control System for MCC PAC Building Quantity Item Name Description 2 DSX1048 PKG 8 Intelligent Door Package Controller 2 DSX SW.S150/28 DSX Lock Power Module 1 DSX 1044 PKG 4 Intelligent Door Package Controller 1 DSX LAN LAN Module Network Connection 24 Door Position Switch 4 Sentrol SR.250A Door Position Switch 16 Request to Exit Motion Sensor 2 DMP DX60 Dual Technology Motion Detector 16 HID 6005 Card Reader 1 Von Duprin SD-QEL98NL-OP Electrified Panic Device w/special Dogging 3 Von Duprin SD-QEL98NL Electrified Panic Device w/special Dogging 1 Von Duprin SD-9975-NL- ALK- 990NL Alarmed Panic Device w/special Dogging 1 Von Duprin SD-QEL-9949L-2-F Electrified Panic Device w/special Dogging 6 Von Duprin 6211-FSE-24VDC Electric Strike 5 Von Duprin 6223-FSE-24VDC Electric Strike on Inactive Leaf 1 Von Duprin Ives 5BB1HW 4.5x4.5 TW6 Electrified Hinge 9 Von Duprin EPT-10 Power Transfer 1 Von Duprin PS914xFAxBBKxKL Power Supply 4 Von Duprin PS914x4RxBBKxKL Power Supply 1 Von Duprin PS914xBBKxKL Power Supply 2 DC Controls X100 Make Before Break Relay for Auto Operator 4 Altronix RB524 DPDT Relays for Auto Operator 1 Ives 788C-12 Surface Wire Loop 3000 22/6 Plenum Cable Cable Belden or approved equal 4000 22/4 Plenum Cable Cable Belden or approved equal 3000 18/2 Plenum Cable Cable Belden or approved equal 20 Cat6 Plenum Cable Cable Belden or approved equal 24