Service_and_Maintenance_Agreement_of_Security_Electronics_System_(Addendum_#2_Revision).pdf

PDF 352 KB Posted

Attached to
Service and Maintenance Agreement of Security Electronics System
Solicitation number
RFP-2022-0002
Issued by
Tuolumne County, Sereno Del Mar CDP, California

About this file

This is a Request for Proposal (RFP) addendum issued by Tuolumne County Probation for a service and maintenance agreement of security electronics systems at two detention facilities in Sonora, California: the Mother Lode Regional Juvenile Detention Facility (30-bed coed facility, 27,368 square feet) and the Dambacher Detention Center (230-bed adult facility, 61,000 square feet). The RFP solicits vendors to provide preventative maintenance every 90 days, emergency 24/7 technical support and on-site repair services, equipment installation, system modifications, and repairs for integrated electronic security systems including hardware, software, access control systems, intercoms, and closed-circuit television cameras. The Dambacher Center contains 160 controlled/monitored doors, 4 gates, and 113 cameras; the Juvenile Detention Facility contains 74 doors, 8 gates, and 55 cameras. Both facilities operate Indusoft 7.1 software on Windows 7 operating systems with RR Brink and ASSA ABLOY hardware respectively. Optional facility walkthroughs were scheduled for June 24 and July 22, 2022. The deadline for submitting written questions was July 27, 2022 at 5:00 pm, with proposals due electronically by August 5, 2022 at 5:00 pm via the County's e-Procurement platform. The Review Committee was scheduled to evaluate proposals on August 12, 2022, with tentative contract award notification on August 19, 2022. The initial contract term is one year, with options for four additional one-year extensions contingent upon adequate funding, contractor performance meeting all service requirements, continued County need for services, and mutual agreement to modify services as needed.

Proposers must provide detailed cost breakdowns including preventative maintenance, preventative maintenance training, emergency off-site support, emergency on-site support, project consultation, project completion, materials, and travel costs, with emergency on-site response required within two hours of determination of need. The RFP evaluation criteria allocate 25 points for completeness of proposal (pass/fail), 30 points for qualifications, 30 points for service delivery methodology, and 40 points for reasonable cost of service. Award will be made to the qualified proposer whose proposal is most advantageous to the County considering price and all other factors, with the County reserving the right to reject any or all proposals and negotiate with the highest-ranked proposer. Contractors must maintain commercial general liability insurance of at least $2,000,000 per occurrence, automobile liability of $1,000,000, workers' compensation with statutory limits, and employer's liability of $1,000,000. No specific set-aside designations or disadvantaged enterprise requirements are identified. The contract is subject to funding availability and annual County budget appropriations, with either party able to terminate upon 30 days' written notice or immediate termination by the County upon material breach. Current Tuolumne County employees are prohibited from responding while in active employment status, and CalPERS retirees are restricted from performing work substantially similar to their previous County employment.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

Service and Maintenance Agreement of Security Electronics System

Request For Proposal (RFP #RFP-2022-0002)

Tuolumne County

Probation

Issued: Friday, June 10, 2022

REQUEST FOR PROPOSAL (RFP No. RFP-

2022-0002)

SERVICE AND MAINTENANCE AGREEMENT OF

SECURITY ELECTRONICS SYSTEM

Deadline for Submission of Proposals: Friday, August 5, 2022

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/tuolumnecountyca https://secure.procurenow.com/portal/%7bproject.government.code%7d

Table of Contents

I. Introduction

II. Scope of Services

III. Minimum Qualifications

IV. Proposal Package Requirements

V. RFP Process

VI. Evaluation of Proposals

VII. Contract Information

1. INTRODUCTION

1.1. Summary

This Request for Proposal is to invite formal proposals from vendors who wish to be considered for selection to provide preventative maintenance, service, equipment installation and repairs to the electronic security system in the Mother Lode Regional Juvenile Detention facility and the

Dambacher Detention Center located in Sonora California. The scope will include both the system hardware and software. The contract will be awarded to the vendor (contractor) that responds with the most favorable proposal that is in the best interest of Tuolumne County.

California law and federal law provide specific employment restrictions for retirees and/or current County employees that desire to contract with the County.

For CalPERS retirees: if the work you will perform as a contractor is the same or similar to work you performed as an active employee or is work that is performed by active employees, it is most likely subject to the PERS retired annuitant restrictions, meaning the employment is disallowed and the County will not be able to enter into a contract with you.

For current County employees: California and federal law prohibit a current employee from contracting with its employer while being an active employee. If an employee is interested in becoming an independent contractor, the employee must consider separation from employment with the County, however should the employee retire, he/she may be subject to the CalPERS retired annuitant laws. Should a current County employee respond to a RFP while in active employment status, the employee must separate from employment prior to award of the contract.

No County time is allowed to be used to prepare for or work on a response to a County RFP

1.2. Background

The Dambacher Detention Center, which was completed in January of 2021, is a 230-bed adult detention facility. The facility is approximately 61,000 square feet. Within the facility, there are

160 doors that are either controlled or monitored by the security electronics plus an additional 4 gates that are controlled by the system. Locks are RR Brink hardware. The system also includes intercoms at most doors and 113 cameras. There are 5 control systems running Indusoft 7.1 on

Windows 7 operating system. The security electronic system is on its own network within the facility with remote access capability.

The Mother Lode Regional Juvenile Detention Facility, which was completed in April of 2017, is a 30-bed coed juvenile detention facility. The facility is approximately 27,368 square feet.

Within the facility there are 74 doors that are either controlled or monitored by the security electronics plus an additional 8 gates that are controlled by the system. Locks are ASSA ABLOY with Airteq hardware. The system also includes intercoms at most doors and 55 cameras. There are 3 control systems with running Indusoft 7.1 on Windows 7 operating system. The security electronic system is on its own network within the facility with remote access capability.

The Mother Lode Regional Juvenile Detention Facility is an SB81 facility, therefore any repairs and upgrades to the facility must be made with prior approval/consent from the Board of State and Community Corrections (BSCC), California Department of Corrections of Rehabilitation

(CDCR) and the State Public Works Board (SPWB).

1.3. Contact Information

Shanna Relei

Business Manager

465 South Washington Street

Sonora, CA 95370

Email: srelei@co.tuolumne.ca.us

Phone: (209) 533-7557

Department:

Probation

Department Head:

DHAWKS@co.tuolumne.ca.us

Chief Probation Officer

1.4. Timeline

Release of published RFP June 10, 2022

Facility walkthroughs (Optional) June 24, 2022

Facility walkthroughs (Optional) July 22, 2022

Deadline for receiving all questions July 27, 2022, 5:00pm

Deadline for RFP responses to be received by County

August 5, 2022, 5:00pm

Review Committee evaluates and ranks proposals

August 12, 2022

Notice of contract award (Tentative) August 19, 2022

Commencement of negotiation period August 22, 2022 mailto:srelei@co.tuolumne.ca.us tel:(209)533-7557

Deadline for protests/appeals

(Tentative)

August 29, 2022

Contract executed (Tentative) September 20, 2022

2. SCOPE OF SERVICES

2.1. SCOPE OF SERVICES

PREVENTATIVE MAINTENANCE

A. Shall provide preventative maintenance every 90 days for the Human Machine Interface

(HMI) hardware and software, Programmable Logic Controllers (PLC) hardware and software, and facility SE Network. This shall be done in person, conducted with the coordination of the county identified employee responsible for the system.

B. Shall provide preventative maintenance training on each of the components to the county identified employee responsible for the system.

C. Preventative maintenance tasks to be completed every 90 days shall include:

1. HMI Hardware

a. Visual inspection of internal components

b. Cleaning of filters and internal parts

2. HMI Software

a. Perform system diagnostic checks on the operating system and custom Software

Update virus definitions

b. Back up Software to most current status

c. Ensure back up software is made available to County identified employee Reboot

HMI viewers, ensure functionality

3. PLC Hardware/Firmware

a. Perform system diagnostic checks of the DPU and IO Fault tables

b. Provide report to County identified employee of current or potential concerns

4. Intercom

a. Check system and error logs

b. Provide report to County identified employee of current or potential concerns

c. Reboot system, ensure functionality

5. Facility SE Network

a. Check network switch errors logs for trends to failure of NIC cards or PLC

Components

6. Visual Inspection

a. All racks, cabling, cooling fans for failure, hotspots, tampers

b. All touch panels for wear, calibration issues and functionality

7. Immediate Notifications

a. Any cooling fan, hard drive or other components potential or actual identified failure that may require repair or replacement

8. Repairs

a. Conduct any critical failure repairs

9. Report

a. Prepare inspection and maintenance report with checklist of all maintenance items checked and advised. Provide this document via email to the County Identified employee responsible for the system within 7 days of the inspection. Critical failure potential or actual shall be immediately reported to the County Identified employee responsible for the system (same day) for determination of need and action for repair or replacement.

10. Parts Listing

a. Shall provide an updated parts and supplies listing to the County Identified person in charge of the system to include vendors who can provide replacement parts for purchase.

b. Verify that the parts available for immediate replacement are current and available for immediate deployment or use.

c. Work with the County to create action plans for potential mitigation of common errors or issues

GENERAL REPAIR & SYSTEM MODIFICATIONS

A. Shall work with the County to install additional equipment such as, but not limited to:

computers, software, audio surveillance intercoms, and closed-circuit television (CCTV) cameras.

B. Repair security electronics system components exposed to outdoor elements and work with County to complete system weatherization and repair projects.

C. Make modifications to software programming to account for changes to facility operations and/or modifications.

EMERGENCY REPAIR

A. Shall ensure a 24/7 emergency technical support is available to Tuolumne County that provides direct access to subject matter expertise for guidance and potential resolution.

B. Provide off site technical support as it pertains to system analysis and troubleshooting

1. Provide off site technical support to monitor or check issues over an authorized network

2. Manage a current Mirror HMI Server System to provide technical support

3. Collect and store the system backups off site for system recovery

4. Any physical actions to be accomplished through the technical support process shall only be authorized by County staff.

C. Onsite call out support

1. Provide 24/7 emergency call out support

2. Immediate emergency repairs that cannot be patched or repaired through the support line shall trigger a mandated response to the site. Response time shall be within 2 hours from determination of need for emergency response. 24 hours for non-emergency response.

D. On call repair services shall be provided as needed and required for changes, additions, repairs to the integrated electronic system for the facilities. Shall include all primary components as well as sub-components such as CCTV camera system, monitors, scan devices, alarms, UPS, motion detectors and other component subsystems.

2.2. FACILITY WALKTHROUGH (OPTIONAL)

Interested contractors will be provided an opportunity on June 24, 2022 to tour the Mother Lode

Regional Juvenile Detention Facility and Dambacher Detention Center prior to submittal of the

RFP response. This walkthrough is optional, not required. Those wishing to participate in facility tours must contact Juvenile Detention Facility Superintendent Annie Hockett at 209-536-6707 or

AHockett@co.tuolumne.ca.us no later than the end of business on 06-21-2022

3. MINIMUM QUALIFICATIONS

The contractor must demonstrate they possess the minimum knowledge, training, certificates, and resources necessary to provide the services outlined in the scope of work.

4. PROPOSAL PACKAGE REQUIREMENTS

Proposals are to be straightforward, clear, concise and responsive to the information requested.

In order for proposals to be considered complete, proposers must provide all requested information.

Each proposer must submit their response online via the County’s e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca.

4.1. Proposal Elements*

1. Experience

Provide a brief history or your company, including the number of years in business. State whether your organization is an individual proprietorship, partnership, corporation, or private nonprofit organization, and the date your company was formed or incorporated. Provide a statement as to any judgment, litigations, licensing violations, or other violations, outstanding or resolved, against your company in the past five (5) years.

2. References

Provide a list of at least three (3) customer references. Include the firm’s name; the name, title, and telephone number of a contact person; the dollar amount of the Agreement; and the dates that these services were completed. Applicant may provide sample material of your company's work to substantiate your previous experience.

3. Approach

The Proposer’s response shall clearly describe in detail how the Proposer will meet the requirements of this proposal and perform the scope of services listed in Attachment 2 of this

RFP. Describe how your organization will approach providing services. Describe how your organization will integrate with the County, collaborating with staff in providing feedback for general assessment, planning, follow-up linkage, report, etc. Additionally, the response should provide any special or unique qualifications which the Applicant believes it possesses to meet the requirements of this proposal.

4. Cost

Applicants must include and clearly detail all costs, payment schedules, categorization of line items, and/or other related costs associated with your response. All responses must have a narrative providing a thorough and clear explanation of your costs including equipment/unit rental fees, shelved unit fees, insurance and replacement unit cost. Include in the cost proposal a breakdown of the following:

a. Preventative Maintenance

b. Preventative Maintenance Training

c. Emergency Off Site Support

d. Emergency On-Site Support

e. Project Consultation

f. Project Completion

g. Materials

h. Travel Cost

*Response required

4.2. Proposal Cost*

Proposer shall upload a fee schedule here. Information should include any and all costs associated with the fulfillment of the Scope of Services.

*Response required

5. RFP PROCESS

5.1. Submittal of Proposals

Sealed proposals must be received at the online, NO LATER THAN 5:00 pm on Friday, August

5, 2022.

Proposals are to be submitted electronically using the County’s e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca. Proposals will be received only as instructed above, and must be received before 5:00 pm on Friday, August 5, 2022. Proposals shall not be submitted via hard copy, (hand delivered or mailed), facsimile, nor via email. It is the sole responsibility of the proposer to properly upload its proposal so that it is received by the time and date required. Any proposal received after said time and/or date or in any other format other than as instructed herein, cannot be considered and will not be accepted. The County’s e-

Procurement Platform records the time stamp for every proposal submitted properly in the system. Once a proposal is submitted in the e-procurement platform, the Proposer will receive an email confirmation, and the proposal status will also show as “submitted.”

5.2. Submitter's Questions

Questions regarding the RFP must be submitted exclusively in writing to the County by 5:00 pm on Wednesday, July 27, 2022 via the County’s e-Procurement platform, in the Q&A tab. Except for questions that might render the award of this contract invalid, the County will not respond to any questions submitted after this time. The County will use an addendum to the RFP to post any questions received, along with written responses, on the County e-Procurement platform, https://secure.procurenow.com/portal/tuolumnecountyca. It is the responsibility of the proposers to check the County website to review the questions and responses. Any oral responses to questions are not binding on the County.

5.3. Cost of Developing the Proposal

All costs incurred in the preparation of a proposal are the responsibility of each proposer and will not be reimbursed by the County.

5.4. Proposal Terms and Conditions

It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions of the RFP. By the submission of a proposal, the proposer certifies that if awarded a contract, proposer will make no claim against the County based upon ignorance of or misunderstanding of the specifications.

Each proposer shall submit its proposal with the understanding that the proposal will become a part of the official file on this matter and shall be subject to disclosure, if requested by a member of the public, following the completion of negotiations.

By submitting a proposal, each proposer certifies that all statements in this proposal are true.

This constitutes a warranty, the falsity of which shall include the right, at the County’s option, of declaring any contract made, as a result thereof, null and void. Proposals shall be completed, executed, and submitted in accordance with the instructions of this RFP. If a proposal is not submitted in the format specified in this RFP, it may be rejected, unless the County determines that the nonconformity is either a minor irregularity or that the defect or variation in the proposal is immaterial or inconsequential. The County may give the proposer an opportunity to cure any deficiency resulting from a minor irregularity or an immaterial or inconsequential defect, or

County may waive such deficiency, whichever is most advantageous to the County.

The County cannot accept proposals from any individual who is currently employed with the

County of Tuolumne (California Government Code §29708).

5.5. Successful Proposal as Part of Contract Services

Proposals received in response to this solicitation, at the County’s discretion, may be incorporated into the awarded contract and may serve as basic terms and conditions for the ultimate contract. Therefore, proposers are advised that, if successful, they will be held responsible for levels of services proposed at the funding levels quoted. The County reserves the right to negotiate modifications or revisions to any awarded contract.

5.6. Evaluation of Proposals

See #Evaluation of Proposals.

5.7. Other Requirements

In order to contract with the County of Tuolumne, a proposer must meet the following requirements:

• Make available to the County its federal Tax Identification Number (TIN) or Social

Security Number (SSN).

• Comply with all Federal, State and local rules, regulations and policies, including but not limited to:

o Standard contract language of the County; and, o Insurance coverage to include worker’s compensation, general liability, auto liability and professional liability, unless waived by the County.

• Meet the requirements for audit of its expenditures if required in the above documents.

5.8. Non-Discrimination

Non-Discrimination: The Contractor selected through this RFP shall provide services without discrimination based on race, creed, color, ethnic or linguistic identification, gender or sexual preference, disability or handicap or any other basis prohibited by law.

5.9. Protest/Appeal Process

The following procedure is provided in the event that a proposer wishes to protest the RFP process or appeal the recommendation to award a contract for RFP once the Notices of

Award/Non-Award have been issued.

https://secure.procurenow.com/portal/tuolumnecountyca/projects/22217?section=172489

Any protest must be submitted in writing to Probation, 465 South Washington Street, Sonora, CA 95370, Attention: Shanna Relei

The protest must be submitted before 5 pm of the tenth (10th) business day following the date of the Notice of Award.

The protest must contain a complete statement of the basis for the protest. The protest must include the name, address, telephone number and e-mail address of the person representing the protesting party.

The procedure and time limits are mandatory and are the proposer’s sole and exclusive remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Upon receipt of written protest/appeal, the Chief Probation Officer will review and provide an opportunity to settle the protest/appeal by mutual agreement, will schedule a meeting to discuss or issue a written response to advise of an appeal/protest decision within five (5) business days of receipt of the appeal/protest.

5.10. Public Records Access

Proposers should be aware that submitted proposals are subject to the California Public Records

Act and may be disclosed to members of the public upon request. It is the responsibility of the proposers to clearly identify information in their proposals that they consider to be confidential under the California Public Records Act. To the extent that the County agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All information regarding the proposals will be held as confidential until such time as the

Review Committee has completed its evaluation and, or if, contract negotiations are complete.

6. EVALUATION OF PROPOSALS

The objective is to perform a thorough and fair evaluation of submitted proposals and facilitate the selection of a contractor/consultant that best satisfies the County’s requirements. The following describes the evaluation process and associated components.

A. Selection Process:

1. The County shall name, for the purpose of evaluating the proposals for this RFP, a

Review Committee composed of representatives from the County. The County may also elect to include as part of the Review Committee qualified representatives from other agencies or entities.

2. Proposal documentation requirements set forth in this RFP are designed to provide guidance to proposers concerning the type of information that will be used by the

Review Committee. Proposers shall be prepared to respond to requests by the Review

Committee for additional items deemed necessary to assist in the evaluation process.

B. Evaluation Criteria & Scoring:

1. The Review Committee shall be responsible for performing the evaluations of each proposal. Each member of the Committee shall rate the proposers separately. The scores of each of the Committee members shall then be averaged to provide a total score for each of the proposers. The proposals shall be evaluated on the following categories and the maximum weight possible for each category is listed below.

C. Award:

Award will be made to the qualified proposer whose proposal will be most advantageous to the

County, with price and all other factors considered. The County will negotiate with the highest ranked proposer to develop the scope of work and contract for mutual satisfaction.

If the County cannot successfully negotiate a contract with the highest ranked proposer, the

County will terminate negotiations and begin negotiations with the next highest ranked proposer.

Proposers will receive mailed Award/Non-Award notification(s), which will include the name of the proposer to be awarded this contract.

Proposers are advised County reserves the following prerogatives:

• To reject any or all proposals;

• To consider historic information and fact, whether gained from the proposer’s proposal or any other source, in the evaluation process; and

• The proposer is cautioned that it is the proposer’s sole responsibility to submit information related to the evaluation categories and the County is under no obligation to solicit such information if it is not included with the proposal. Failure of the individual or firm to submit such information may cause an adverse impact on the evaluation of the proposal.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Completeness of Proposal Pass / Fail 25 (20% of Total)

2. Qualifications 0-100 Points 30 (24% of Total)

3. Service Delivery/Methodology 0-100 Points 30 (24% of Total)

4. Reasonable Cost of Service 0-100 Points 40 (32% of Total)

7. CONTRACT INFORMATION

7.1. Sample Agreement

A sample Agreement is attached to this RFP, which details all standard terms and conditions required by the County of Tuolumne.

7.2. Term/Termination

The term of the initial contract awarded under this RFP will be for: one (1) year. By mutual agreement, this contract may be extended for four (4) years, under the following circumstances:

• The County receives adequate funding to extend program operations;

• The Contractor has achieved demonstrable success by meeting all of the contract’s service requirements;

• The County continues to need the services purchased under this RFP;

• The Contractor is willing and able to modify the services provided to best meet the needs of the program as determined by the County.

The contract will be subject to termination by either party upon (30) days’ advance, written notice of intent to terminate. The County may terminate the contract at any time, without written notice, upon a material breach of contract by the Contractor.

7.3. Funding Availability

It is mutually agreed that if the County budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this

Agreement shall be of no further force and effect. In this event, the County shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this

Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this

Agreement. County budget decisions are subject to the discretion of the Board of Supervisors.

If funding for any fiscal year is reduced or deleted by the County budget for purposes of this program, the County shall have the option to either cancel this Agreement with no liability occurring to the County, or offer an Agreement amendment to Contractor to reflect the reduced amount.

7.4. Insurance

A. 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. Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO

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

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: as required by the State of California, with Statutory

Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

B. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy 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. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38;

and CG 20 37 if a later edition is used).

2. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the County.

4. Waiver of Subrogation. Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the County. The County may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or County.

6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the County.

7. Verification of Coverage. Contractor shall furnish the County with original

Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to County before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

8. Special Risks or Circumstances. County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

9. Failure to Comply: Upon failure to comply with any of these insurance requirements, this Agreement may be forthwith declared suspended or terminated. Failure to obtain and/or maintain any required insurance shall not relieve any liability under this

Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the indemnification obligations.

7.5. Hold Harmless

Contactor shall hold harmless, defend and indemnify County and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs

(including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the County.

If such indemnification becomes necessary, the County Counsel for the County shall have the absolute right and discretion to approve or disapprove of any and all counsel employed to defend the County. This indemnification clause shall survive the termination or expiration of this

Agreement.

File details come from the government source that posted it. Updated .