event 7406 NEORFC Image Recognition w insurance.pdf

Cuyahoga County

Public Safety and Justice Services: Northeast Ohio Regional Fusion Center

Web Based Image Recognition Platform Licenses

Event: 7406

BID SPECIFICATIONS

Scope of Services:

The purpose of this specification is to request bids for the purchase of eight (8) licenses for a web-based image recognition platform. The result of the purchase will help analysts identify crime and terrorism actors across a broad range of public facing social media and open web, provide investigative leads to assist analysts in providing criminal attribution to requesting detectives and other law enforcement officials, and will enable law enforcement to apprehend malicious actors more quickly by providing previously unknown information that would be cumbersome or impossible to locate manually.

Purchase Period:

Cuyahoga County Department of Public Safety and Justice Services wishes to procure on behalf of the

Northeast Ohio Regional Fusion Center, the services of a vendor to provide eight (8) licenses for a web-based image recognition platform for the period of one (1) year. The County has the option to terminate said purchase period with a thirty-day written notice at any time during the year with no early termination fees.

Bid Requirements:

The Department will award the purchase to one vendor based upon the total cost for the web-based image recognition platform and the bidder’s ability to meet the scope of work and service support requirements.

Deliverables:

The web-based image recognition platform licenses must meet the following minimum specifications to qualify for consideration:

A. Quantity: 8 licenses

B. Must have the capability to search public facing social media and open-source images to provide investigative leads.

C. Must have a tool that can collect, organize, and provide clear audit trail for image-based searches.

D. Must have the ability to scan open web and leverage multiple social media platforms and public web sources, to include news media and mugshot websites.

E. Must have ability to create custom galleries of stored images where the NEORFC can upload and utilize the platforms algorithm to provide attribution.

F. Platform must have capacity to share custom gallery data with other agencies and allow the

NEORFC to see other agencies’ custom gallery.

G. Must have the ability to save searches, have automated alerts sent to analysts, and provide clear audit trail to protect civil rights and civil liberties.

H. Mandatory NIST certification benchmark: At least 99% rank-1 identification accuracy in the specified NIST 1:N investigative evaluation

I. Operational image-quality requirement: Demonstrated ability to process surveillance footage, lower-resolution photographs, partially obstructed faces, and images taken from non-frontal angles.

Warranties:

Bidder must include any manufacturer’s warranty with bid proposal.

Service Support Requirements:

A. Hosting and daily offsite backups

B. Unlimited training via telephone and email

C. Unlimited support via telephone and email

D. System upgrades included

Special Conditions:

A. Any questions regarding the Bid Specifications, please contact Henry Tafe, 216.698.2881.

B. The Awarded Contractor must register with the Cuyahoga County Inspector General. Information can be accessed on the Internet at https://app.cuyahogacounty.gov/IgContractorReg/RegistrationStatus.aspx . Contact the Agency of the Inspector General (216-698-2101) for further details.

C. The awarded contractor must procure, maintain, and pay premiums for insurance coverage and limits of liability indicated in the attached PSJ-1549 Image Recognition Insurance Requirements.

This is standard for all software systems, including web-based, purchased by Cuyahoga County.

https://app.cuyahogacounty.gov/IgContractorReg/RegistrationStatus.aspx

CUYAHOGA COUNTY

PSJ-1549

NEORFC Image Recognition Platform

Insurance Requirements

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

Nothing in this Agreement shall be construed to be a waiver of defenses or immunities afforded to the County under applicable law.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

(a) Worker’s Compensation Insurance as statutorily required by the State of Ohio.

For Contractors with employees working outside of Ohio, Worker’s Compensation

Insurance as required by the various state and Federal laws as applicable including

Employers’ Liability coverage with limits of no less than $1,000,000 per accident for bodily injury or disease.

(b) Commercial General Liability Insurance with limits of liability not less than:

$1,000,000 each occurrence bodily injury & property damage;

$1,000,000 personal & advertising injury;

$2,000,000 general aggregate;

$2,000,000 products/completed operations aggregate.

Such insurance shall be written on an occurrence basis on the Insurance Services

Office (ISO) form CG 00 01 or its equivalent. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this specific project/location

(ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Such insurance may also be used to meet the limit requirements under the umbrella insurance requirement herein but must carry the required endorsements.

(c) Business Automobile Liability Insurance covering any auto (symbol 1), or if contractor has no owned autos, hired (symbol 8) and non-owned autos (symbol 9).

Such insurance shall provide a limit of not less than $1,000,000 combined single limit

(bodily injury & property damage) each accident;

Such insurance shall be written on an occurrence basis on the Insurance Services

Office (ISO) CA 00 01 form or its equivalent.

(d) Umbrella/Excess Liability Insurance to provide additional insurance limits for commercial general liability and/or automobile liability, with limits of liability not less than:

$3,000,000 each occurrence

$3,000,000 general aggregate

$3,000,000 products/completed operations aggregate

Such insurance shall be written on an occurrence basis and be provided on a true

“following form” or broader coverage basis. Such insurance may also be used to meet the limit requirements of the underlying insurance, so long as the total limit provided by the contractor is equivalent to the limits required in this contract for both primary and excess/umbrella coverage.

Such insurance may also be used to meet the limit requirements under the commercial general liability policy so long the umbrella/excess liability carries the required endorsement coverages.

(e) Cyber Risk Insurance for all vendors. This coverage shall respond to privacy and network security liability claims with limits of liability not less than:

$3 million per occurrence;

$3 million aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

(f) Technology Professional/Errors & Omissions for all vendors who provide IT professional technology services and products (including, but not limited to, IT consultants, software developers, web developers and designers, data processing, and internet media/publishers). This coverage shall respond with limits of liability not less than:

$3 million per occurrence;

$3 million aggregate.

Note: The coverage amount may be higher depending on the type of project and professional services.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor.

Insurance Coverage Terms and Conditions

1. Nothing in this Agreement shall be construed to be a waiver of defenses or immunities afforded to the County under applicable law.

2. All insurance policies of the Contractor required for this Contract shall:

(i) Provide that, for each insurance policy provided above, coverage shall not be canceled except with notice to the County of Cuyahoga.

(ii) Name The County of Cuyahoga, its officers, officials, employees, and volunteers as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. This provision shall apply to all insurance policies evidenced by the Contractor except for Workers’ Compensation.

(iii) Be primary and non-contributory as respects the County of

Cuyahoga, its officers, officials, employees, and volunteers for any claims related to the work or operations of the Contractor under this contract.

Any insurance or self-insurance maintained by the County of Cuyahoga, its officers, officials, employees, or volunteers, shall be excess of the

Contractor’s insurance and shall not contribute to Contractor’s insurance.

This provision shall apply to all insurance policies evidenced by the

Contractor except for Workers’ Compensation.

(iv) Grant the County of Cuyahoga a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County of

Cuyahoga by virtue of the payment of any loss under such insurance.

(v) Provide the County of Cuyahoga with a Certificates of Insurance evidencing policy coverage as well as reference to and provide evidence

(via physical policy endorsement) that each of the terms and conditions identified in Sections 2. (ii) through 2. (iv) have been met by the

Contractor and their respective insurer(s) by providing proof of Additional

Insured, Primary and Noncontributory, and Waiver of Subrogation via policy endorsements.

3. The insurance required for this Contract shall be provided by insurance carrier(s) licensed to transact business and write insurance in the state(s) where operations are performed and shall carry a minimum A.M. Best’s rating of A-VII or above, or a state regulated captive also licensed to transact business and write insurance in the state(s) where operations are performed

4. The terms of this Contract shall be controlling and shall not be limited by any insurance policy provision.

5. These insurance provisions shall not affect or limit the liability of the Contractor stated elsewhere in this Contract or as provided by law.

6. The Contractor shall require any and all of its subcontractors to procure, maintain, and pay premiums for the insurance coverages and limits of liability outlined above with respect to products, services, work and/or operations performed in connection with this Contract. Any deviation from the above insurance requirements shall require prior approval from the

County of Cuyahoga Risk Management.

7. The County reserves the right to require insurance coverages in various amounts or to modify or waive insurance requirements on a case-by-case basis whenever it is determined to be in the best interest of the County.

8. If the Bid/Proposal/RFQ specifies the need for higher limits of liability for any applicable insurance provision, the Bid/Proposal/RFQ specifications shall govern.

9. Where coverages are made on a claims-made basis the claims-made retroactive date on the policy shall be prior to the commencement of professional activity related to this Contract.

Where Commercial General Liability is claims-made policy such General Liability policy shall provide coverage for claims arising out of the incidents that occur during the policy period, regardless of when claims are reported.

a) The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

b) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

c) If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the

Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

10. The Contractor shall furnish a Worker’s Compensation Certificate and Certificate of

Insurance evidencing the insurance coverages required herein are in full force and effect.

11. Acceptance of a non-conforming certificate of insurance by the County shall not constitute a waiver of any rights of the parties under this Contract.

12. The Certificates of Insurance evidencing the above coverage shall contain the following language or equivalent where applicable:

“Cuyahoga County and its officers, officials, employees and volunteers, are included as additional insureds on a primary and non-contributory basis with respects to each of the insurance policies referenced within this certificate of insurance except for Workers’

Compensation. A Waiver of Subrogation is granted in favor of Cuyahoga County and its officers, officials, employees and volunteers with respect to each of the insurance policies referenced within this certificate of insurance. Any applicable Umbrella or Excess

Liability policy referenced within this certificate of insurance shall follow form to the underlying Commercial General Liability, Commercial Automobile Liability and

Employer’s Liability policies referenced within this certificate of insurance and not contain exclusionary language restricting coverage afforded within the underlying insurance policies.”

13. Proof of Additional Insured status from Contractor’s Commercial General Liability policy must be evidenced in the form of an endorsement to said policy and be at least as broad as

ISO Form CG 20 10 11 85, or through the combination of the CG 20 10, CG 20 26, CG 20

33, or CG 20 38 endorsement; and CG 20 37 endorsement if a later edition is used.

14. Cyber Liability and Professional Liability Insurance shall cover third-party claims.

15. Policies shall contain no “insured vs. insured” exclusion that would limit the insurance company from paying for damages incurred by the County due to Vendor’s negligence. If the policy contains an “insured vs. insured” exclusion, the additional insured endorsement shall contain a clause or phrase that overrides the “insured vs. insured” exclusion.