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REQUEST FOR PROPOSAL NG-911 TELEPHONY SYSTEM RFP # 2012-1 Thurston 9-1-1 Communications “TCOMM” 911 2703 Pacific AVE SE, Suite A Olympia, WA 98501 PROPOSALS DUE February 1 st , 2013

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REQUEST FOR PROPOSAL NG-911 TELEPHONY SYSTEM

RFP # 2012-1

Thurston 9-1-1 Communications “TCOMM” 911

2703 Pacific AVE SE, Suite A Olympia, WA 98501 

PROPOSALS DUE February 1st, 2013 

   

TCOMM NG9-1-1 CPE RFP

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TableofContents

SECTION 1.0 – INTRODUCTION AND OVERVIEW .......................................................... 1 

1.1  INTRODUCTION ........................................................................................................... 1 

1.2  PROCUREMENT STRATEGY ......................................................................................... 1 

1.3  TCOMM OBJECTIVES ................................................................................................ 2 

1.4  SCOPE OF THE PROJECT .............................................................................................. 3 

1.5  OPTION TO LEASE EQUIPMENT ................................................................................... 3 

1.6  MULTI-RESPONDENT SOLUTIONS ................................................................................ 3 

1.7  OVERVIEW OF THE REQUIREMENTS ............................................................................ 4 

1.8  RFP SCHEDULE ........................................................................................................... 5 

1.9  RFP AVAILABLE ELECTRONICALLY ........................................................................... 5 

SECTION 2.0 - RULES GOVERNING COMPETITION ...................................................... 6 

2.1 CONTACT PERSON ............................................................................................................. 6 

2.2 RESTRICTIONS ON COMMUNICATIONS WITH TCOMM STAFF ......................................... 6 

2.3 HIRING OF TCOMM PERSONNEL ..................................................................................... 6 

2.4 MANDATORY PRE-BID CONFERENCE ................................................................................ 6 

2.5 SITE VISIT .......................................................................................................................... 8 

2.6 EXAMINATION OF ALL REQUIREMENTS ............................................................................ 8 

2.7 CONDITIONS OF PROPOSAL WITHDRAWAL / FAILURE TO HONOR .................................... 8 

2.8 DISCLOSURE OF PROPOSAL CONTENTS ............................................................................. 8 

2.9 ACCEPTANCE PERIOD ..................................................................................................... 10 

2.10 MULTIPLE PROPOSALS .................................................................................................. 10 

2.11 NON-EXCLUSIVE RIGHTS .............................................................................................. 10 

2.12 COSTS ASSOCIATED WITH PROPOSAL ........................................................................... 10 

2.13 REJECTION OR SELECTION OF PROPOSAL ..................................................................... 10 

2.14 NON-MATERIAL AND MATERIAL DEVIATIONS .............................................................. 10 

2.15 AMENDMENTS TO THE RFP ............................................................................................ 11 

2.16 PROTEST TO THE AWARD ............................................................................................... 11 

2.17 CONTRACT EXECUTION ................................................................................................ 12 

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2.18 DETERMINATION OF RESPONSIBILITY ........................................................................... 12 

2.19 AWARD FACTORS .......................................................................................................... 13 

SECTION 3.0 - SCOPE OF SERVICES AND RESPONSE REQUIREMENTS ................. 13 

3.1 – NG9-1-1 ANI/ALI TELEPHONY SWITCH REQUIREMENTS ........................................... 14 

3.2 – TECHNICAL SPECIFICATIONS ....................................................................................... 19 

3.3 – NEXT GENERATION FUNCTIONALITY ........................................................................... 23 

3.4 – MULTI-MEDIA REQUESTS FOR ASSISTANCE ................................................................ 23 

3.5 – MANAGEMENT INFORMATION SYSTEMS (MIS) REQUIREMENTS ................................. 23 

3.6 – FUTURE EXPANSION ..................................................................................................... 24 

SECTION 4.0 - CONTRACT MANAGEMENT ................................................................... 24 

4.1  CONTRACT MANAGEMENT........................................................................................ 24 

4.1.1  CONTRACT MANAGERS ..................................................................................... 24 

4.1.2  DISPUTE RESOLUTION ....................................................................................... 24 

4.2  TERMINATION ........................................................................................................... 25 

4.2.1  TERMINATION BY EITHER PARTY ..................................................................... 25 

4.2.2  TERMINATION FOR THE CONVENIENCE OF TCOMM ....................................... 25 

4.2.3  TERMINATION FOR CAUSE ................................................................................ 26 

4.2.4  TERMINATION FOR DEFAULT ............................................................................ 27 

SECTION 5.0 – STANDARD TERMS AND CONDITIONS ............................................... 28 

5.1  BINDING OFFER/DISQUALIFICATION......................................................................... 28 

5.2  ORDER OF PRECEDENCE – ENTIRETY OF CONTRACT ................................................ 29 

5.3  GOVERNING LAW, JURISDICTION AND VENUE .......................................................... 29 

5.4  PARTIES AND PURPOSE ............................................................................................. 29 

5.4.1  INDEPENDENT RESPONDENT .............................................................................. 29 

5.4.2  MULTI-RESPONDENT SOLUTIONS - JOINT PROPOSALS/JOINT RESPONDENTS ... 29 

5.4.3  SUBCONTRACTING ............................................................................................. 30 

5.4.4  ASSIGNMENT ..................................................................................................... 30 

5.4.5  SIGNATURE AUTHORIZATION ............................................................................ 31 

5.4.6  FULL FORCE AND EFFECT ................................................................................. 31 

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5.4.7  AMENDMENT ..................................................................................................... 31 

5.4.8  WAIVER OF PROVISIONS.................................................................................... 31 

5.4.9  NOTICES IN GENERAL ....................................................................................... 31 

5.4.10  INVALIDITY IN WHOLE OR IN PART/SEVERABILITY .......................................... 32 

5.4.11  EXECUTION OF COUNTERPARTS ........................................................................ 32 

5.4.12  SECTION HEADINGS ........................................................................................... 32 

5.5  TERM OF CONTRACT ................................................................................................. 32 

5.5.1  ENTIRE AGREEMENT ......................................................................................... 32 

5.5.2  CONFLICT AND SEVERABILITY .......................................................................... 33 

5.5.3  ANTITRUST ........................................................................................................ 33 

5.5.4  NONDISCRIMINATION ........................................................................................ 33 

5.5.5  WORKERS RIGHT TO KNOW ............................................................................. 33 

5.5.6  RIGHTS AND REMEDIES .................................................................................... 34 

5.5.7  SAVE HARMLESS ............................................................................................... 34 

5.5.8  INDEMNIFICATION AGAINST CLAIMS FROM INFRINGEMENT ............................. 34 

5.5.9  SCOPE OF DEFENSE AND INDEMNITY ................................................................. 35 

5.5.10  PERSONAL LIABILITY ........................................................................................ 35 

5.5.11  INSURANCE ........................................................................................................ 35 

5.5.12  WORKERS’ COMPENSATION .............................................................................. 35 

5.5.13  COMMERCIAL GENERAL LIABILITY OR PUBLIC LIABILITY INSURANCE ........... 35 

5.5.14  AUTOMOBILE INSURANCE ................................................................................. 36 

5.5.15  OTHER INSURANCE PROVISIONS ....................................................................... 36 

5.5.16  VERIFICATION OF COVERAGE AND ACCEPTABILITY OF INSURERS ................... 37 

5.5.17  PERFORMANCE BOND ........................................................................................ 37 

5.5.18  ERRORS AND OMISSIONS INSURANCE ................................................................ 38 

5.5.19  SUPERVISION AND COORDINATION .................................................................... 38 

5.5.20  CONFIDENTIALITY OF PARTIES ......................................................................... 38 

5.5.21  ADVERTISING .................................................................................................... 39 

5.5.22  SUBCONTRACTS/ASSIGNMENT ........................................................................... 39 

5.5.23  TAXES, FEES, PERMITS, AND LICENSES ............................................................. 39 

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5.5.24  WARRANTIES ..................................................................................................... 39 

5.5.25  LIENS, CLAIMS AND ENCUMBRANCES ............................................................... 40 

5.5.26  DELIVERY .......................................................................................................... 40 

5.5.27  INSPECTION AND REJECTION ............................................................................. 40 

5.5.28  TITLE AND RISK OF LOSS .................................................................................. 41 

5.5.29  PERFORMANCE .................................................................................................. 41 

5.5.30  IDENTIFICATION ................................................................................................ 41 

5.5.31  CHARGES FOR HANDLING ................................................................................. 41 

5.5.32  INVOICING ......................................................................................................... 41 

5.5.33  PAYMENT .......................................................................................................... 41 

5.5.34  QUALITY STANDARDS ........................................................................................ 42 

5.5.35  SUPPLIER REGISTRATION .................................................................................. 42 

5.5.36  CHANGES ........................................................................................................... 42 

5.5.37  ADDITIONS OR DELETIONS ................................................................................ 42 

5.5.38  CONTRACT SUSPENSION .................................................................................... 43 

5.5.39  BREACH, DEFAULT, TERMINATION ................................................................... 43 

5.5.40  OPPORTUNITY TO CURE DEFAULT .................................................................... 44 

5.5.41  LEGAL FEES ...................................................................................................... 44 

5.5.42  FORCE MAJEURE ............................................................................................... 44 

5.5.43  ESTABLISHED BUSINESS .................................................................................... 44 

5.6  SUPPLEMENTAL TERMS AND CONDITIONS FOR NG9-1-1 SOLUTION AND SERVICES 45 

5.6.1  SUPPLEMENT ..................................................................................................... 45 

5.6.2  RESTRICTIONS ................................................................................................... 45 

5.6.3  SERVICES PROVIDED BY RESPONDENT .............................................................. 45 

5.6.4  PAYMENT TERMS .............................................................................................. 45 

5.6.5  ACCEPTANCE ..................................................................................................... 45 

5.6.6  CLAIM OF CONTRACT SERVICE ......................................................................... 46 

5.6.7  CONFIDENTIALITY ............................................................................................. 46 

5.6.8  QUALIFIED PERSONNEL ..................................................................................... 46 

5.6.9  TRANSPORTATION ............................................................................................. 46 

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5.7  CONTRACT OVERSIGHT ............................................................................................ 47 

5.7.1  WITHHOLDS ...................................................................................................... 47 

SECTION 6.0 - RESPONSE CONTENT AND FORMAT.................................................... 47 

6.1  INTRODUCTION ......................................................................................................... 47 

6.2  INQUIRIES ................................................................................................................. 47 

6.2.1  DUTY TO EXAMINE ............................................................................................ 47 

6.2.2  WAIVER OF DEFECTS ........................................................................................ 47 

6.2.3  RESPONDENT’S CONTACT ................................................................................. 47 

6.2.4  TIMELINES ......................................................................................................... 48 

6.2.5  NO RIGHT TO REPLY ON VERBAL RESPONSES .................................................. 48 

6.2.6  RFP AMENDMENTS ........................................................................................... 48 

6.3  PROPOSAL PREPARATION ......................................................................................... 48 

6.3.1  PROPOSAL FORMAT........................................................................................... 48 

6.3.2  EXCEPTIONS TO TERMS AND CONDITIONS ........................................................ 48 

6.3.3  COST OF PROPOSAL PREPARATION ................................................................... 49 

6.3.4  DISCLOSURE ...................................................................................................... 49 

6.3.4.1  DISCLOSURE OF SUSPENSION ............................................................................. 49 

6.3.4.2  DISCLOSURE OF CURRENT AND PENDING ACTION(S) ........................................ 49 

6.4  PROPOSAL SUBMISSION ............................................................................................. 49 

6.4.1  PROPOSAL DUE DATE AND SUBMITTAL LOCATION ........................................... 49 

6.4.2  SEALED ENVELOPE OR PACKAGE ...................................................................... 50 

6.4.3  PROPOSAL COPIES ............................................................................................. 50 

6.4.4  PUBLIC RECORD ................................................................................................ 50 

6.5  STATEMENT OF DESIRED PROPOSALS ....................................................................... 51 

6.6  INSTRUCTIONS TO RESPONDENTS .............................................................................. 51 

6.6.1  PROPOSAL CONTENTS ....................................................................................... 51 

6.6.2  TRANSMITTAL LETTER ..................................................................................... 52 

6.6.3  TABLE OF CONTENTS ........................................................................................ 54 

6.6.4  EXECUTIVE SUMMARY ...................................................................................... 54 

6.6.5  RESPONDENT CAPABILITIES AND RESUMES ...................................................... 54 

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6.6.6  FINANCIAL VIABILITY ....................................................................................... 54 

6.6.7  CHANGE OF FINANCIAL CONDITION VIABILITY ................................................ 55 

6.6.8  RESPONDENT EXPERIENCE ................................................................................ 55 

6.6.9  MANAGEMENT PLAN ......................................................................................... 56 

6.6.10  RESPONDENT RESPONSE TO REQUIREMENTS .................................................... 56 

6.6.11  TECHNICAL DISCUSSION ................................................................................... 57 

6.6.12  LIST OF EXCEPTIONS, ALTERNATIVES, AND OPTIONS ....................................... 57 

6.6.13  TECHNICAL LITERATURE, BROCHURES, OR OTHER DATA (OPTIONAL) ............ 57 

6.6.14  COST PROPOSAL ................................................................................................ 58 

SECTION 7.0 – COST ............................................................................................................ 59 

7.1  INTRODUCTION ......................................................................................................... 59 

7.2  BASE NG9-1-1 SYSTEM AND SERVICES COSTS .............................................. 59 

7.2.1  NG-911 SYSTEM PRICING FORM ....................................................................... 60 

7.3  INTERFACE & IMPLEMENTATION PRICING ............................................................... 60 

7.3.1  NG-911 SYSTEM INTERFACES ........................................................................... 61 

7.3.2  PROJECT MANAGEMENT & PLANNING .............................................................. 61 

7.3.3  NG-911 SYSTEM TRAINING & DOCUMENTATION .............................................. 61 

7.3.4  TECHNICAL TRAINING & DOCUMENTATION ..................................................... 61 

7.3.5  TEST ENVIRONMENT ......................................................................................... 62 

7.3.6  SUPPORTED CPE INTERFACES .......................................................................... 62 

7.4  TELECOMMUNICATIONS/NETWORKING COSTS ......................................................... 62 

7.5  WARRANTY ............................................................................................................... 62 

7.6  SUPPORT ................................................................................................................... 62 

7.7  EXTENDED MAINTENANCE ........................................................................................ 62 

7.8  COST SUBMISSION ..................................................................................................... 63 

7.9  HOURLY RATES ......................................................................................................... 63 

7.9.1  PROPOSED HOURLY RATE STRUCTURE ............................................................. 63 

7.10  ALTERNATE PRICING ................................................................................................ 64 

7.11  PROPOSED PAYMENT SCHEDULE .............................................................................. 64 

7.12  SALES TAX ................................................................................................................ 64 

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SECTION 8.0 - PROPOSAL EVALUATION CRITERIA ................................................... 64 

8.1  INTRODUCTION ......................................................................................................... 64 

8.2  TCOMM PROPOSAL EVALUATION COMMITTEE ...................................................... 64 

8.3  OBJECTIVES .............................................................................................................. 64 

8.4  DISCLOSURE OF PROPOSAL CONTENTS ..................................................................... 65 

8.5  REJECTION OF PROPOSALS ....................................................................................... 65 

8.6  CLARIFICATIONS ....................................................................................................... 65 

8.7  EVALUATION STEPS .................................................................................................. 66 

8.7.1  INITIAL REVIEW ................................................................................................ 66 

8.7.2  COMMITTEE REVIEW OF THE PROPOSALS ........................................................ 66 

8.7.3  PROPOSAL EVALUATION CRITERIA ................................................................... 66 

8.7.4  INTERVIEWS, PRESENTATIONS AND DEMONSTRATIONS .................................... 68 

8.7.5  DETERMINATION OF A “TIE” ............................................................................. 68 

8.7.6  FINANCIAL ABILITY .......................................................................................... 68 

8.7.7  DETERMINATION OF RESPONSIBILITY ............................................................... 69 

8.7.8  CONTRACT NEGOTIATIONS ............................................................................... 69 

8.7.9  FAILURE TO NEGOTIATE ................................................................................... 70 

SECTION 9.0 - GLOSSARY OF TERMS ............................................................................. 70 

9.1  INTRODUCTION ......................................................................................................... 70 

SECTION 10.0 - ATTACHMENT A ..................................................................................... 75 

TCOMM NG9-1-1 CPE RFP

Tuesday, December 11, 2012 pg. 1

SECTION 1.0 – INTRODUCTION AND OVERVIEW

1.1 INTRODUCTION

Thurston 9-1-1 Communications “TCOMM”, hereafter referred to as “TCOMM”, is seeking to purchase an Internet Protocol (“IP”) Based Next Generation 9-1-1 or “NG9-1-1” Communication System that will be used to process, answer and direct all calls placed to 9-1-1 in TCOMM regardless of the network of origin.

Thurston County, Washington, is located at the southern end of Puget Sound in the beautiful Pacific Northwest. Majestic Mount Rainier and the rugged Cascade Mountains are nearby to the east, while Washington's Pacific Ocean coast is just an hour's drive to the west. Thurston County is 60 miles south of Seattle, Washington and is 100 miles north of Portland, Oregon. Thurston County is 727 square miles in area.

Thurston County is home to more than 256,000 residents. Nearly 150,000 residents live in the more urban north county areas in and around the cities of Lacey, Olympia, and Tumwater. The rest live in and around the smaller Cities of Tenino, Rainier, Yelm, and the Town of Bucoda and in the more rural areas of Thurston County.

Thurston County is the eighth most populated county among Washington State's 39 counties and is among the fastest growing counties in the Pacific Northwest.

In 2011, TCOMM took over 130,000 calls to 9-1-1, and over 484,000 calls total, including business lines and admin lines. Our current primary telephone system is a two (2) column Nortel Option 61C (CS1000) hosting 214 extensions (dns) including 21 9-1-1 call taker positions, 63 business and admin lines digital phone sets , and 130 type 500 analog ports. We have 10 incoming trunks dedicated to 9-1-1 distributed over two T-1s connected to the Washington State ESInet. The Washington ESInet is a private managed MPLS network using RAFI, provided by CenturyLink/Intrado and is leased by the Washington State E9-1-1 Program office that is a department under the Washington State Military Department. Incoming digital IP calls are converted back to CAMA via onsite Intrado PSAP Gateways.

The current CPE solution is a Cassidian (formerly Plant) Vesta 2.2 SP3 integrated with Nortel CS1000 PBX using Contact Center. The current primary phone system hosts two agencies located within the ESC building. The onsite backup phone system is a Nortel Option 11c and currently hosts 21 backup 9-1-1 call taker positions.

TCOMM’s back-up facility is located 2.48 miles east of the Primary PSAP, at Lacey Fire District #3, Station 31 located at 1231 Franz Street, SE, Lacey, WA. The backup facility also has a Nortel Option 11c hosting 5 backup call taker/dispatch positions. The backup facility is currently configured for Basic 9-1-1 only.

This section describes TCOMM’s overall procurement strategy, objectives and project scope.

1.2 PROCUREMENT STRATEGY

This procurement is designed to encourage open competition and select proposals that represent the best value for TCOMM. TCOMM encourages Bidders to propose creative solutions that best meet TCOMM’s objectives and requirements for migrating into a next generation geo-diverse

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Friday, December 14, 2012 pg. 2

CPE solution. The proposed solution must provide a fully featured IP based NG9-1-1 system to meet both current and future emergent needs of the citizens of Thurston County.

An additional strategy is to reduce system cost, enhanced call taker capability, improve remote diagnostics, and provide system architecture capabilities of accepting emergency notifications that include voice and current multimedia (i.e. text, photos, video, telematics, as well as being capable of adapting to future multimedia offerings).

Bidder responses to this RFP will be evaluated and scored based on the TCOMM’s assessment of how well the proposed solutions meet or exceed these requirements.

1.3 TCOMM OBJECTIVES

Respondents are required to submit two separate bid packages. One containing their technical proposals, and the second for the submittal of the cost proposals. TCOMM’s objectives for the issuance of this RFP and the execution of a Contract(s) is for the development, implementation, maintenance, and on-going support of a Next Generation Customer Premise Equipment (NG-CPE) using the existing State Wide Network ESInet.

TCOMM is seeking a robust E9-1-1 CPE system capable of accepting all calls for emergency services no matter the network of origin (i.e., Public Switched Telephone Network (“PSTN”), Voice over Internet Protocol (“VoIP”), Voice over Instant Messenger (“VoIM”)).

TCOMM is seeking a new system to replace the existing PBX and 9-1-1 Phone System with a turnkey fully functional system capable of processing pure IP 9-1-1 calls/data. Call and data routing will be via the Washington State ESInet to the Primary Answering Point (PSAP). This will include administrative calls from the public switched telephone network (PSTN) with an integrated management information system (MIS), all of which meets or exceeds all currently adopted NG9-1-1 Standards.

The proposal must include both a single county CPE and all Interface solution for TCOMM. It must propose a system that splits the CPE solution between the primary PSAP at TCOMM and the back-up facility located at Lacey Fire District #3 Headquarters, at 1231 Franz Street, SE, Lacey, WA that results in a geo-diverse solution.

Additionally, the proposed system will provide growth capacity to host additional PSAPs and back-up for other Agencies that may be added at a later date. The system would be capable of adding 9-1-1, administrative line, MIS and recording support. This would include utilizing independent customer defined system configurations for delivery and/or display of emergency voice/data capable of meeting each added PSAP’s 9-1-1 CPE needs.

It is the desire of TCOMM to have included in the proposal the option to convert the existing backup center from a “basic” 9-1-1 call center to a fully functional NG 9-1-1 call center. Costs pertaining to the conversion of the backup facility shall be quoted separately from any and all costs associated with the primary ESC facility.

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Friday, December 14, 2012 pg. 3

1.4 SCOPE OF THE PROJECT

TCOMM requests that Proposers respond to this RFP with appropriate information to determine a.) how an agency hosted NG9-1-1 IP end-to-end solution will be deployed at TCOMM with access at twenty-one (21) dispatch positions, and b.) how the CPE system could be expanded to forty (40) positions with multiple remote PSAP’s and multiple jurisdictions would be deployed in Thurston County. Specifically, address the following:

Respondents should propose an agency hosted NG9-1-1 CPE solution that is viable for TCOMM. Include a list of network and CPE components for an agency hosted CPE solution for the emergency 9-1-1 primary and back-up dispatch centers

Provide detailed financial cost estimates required to upgrade TCOMM’s 9-1-1 systems from 21 positions to 40 dispatch positions in a NG9-1-1 agency hosted solution. Include the cost of a primary site and back-up site as well as connectivity and infrastructure costs to deliver IP based voice and data to each workstation position

Detail the network bandwidth and latency requirements necessary to support the hosted solution (Primary site, back-up site and to each workstation) based on current ESInet configuration

Provide detail diagrams as to your proposed solution and in particular point out in the case of an agency hosted NG9-1-1 system failure how redundancy would be applied

Detail the phases required to implement the agency hosted CPE hardware and infrastructure. Provide a project plan with the phases, resources and task duration

Describe how your CPE solution distinguishes between specific global and agency functionality. Explain how your proposed configuration allows the CPE solution to handle specific agency functionality for future growth

Describe your training program for PSAP personnel and system administrator

Describe how your training will assist TCOMM staff migrate to IP based CPE solution

Include the option to convert the existing TCOMM backup center from a “basic” 9-1-1 call center to a fully functional NG 9-1-1- all center. Costs pertaining to the conversion of the backup facility shall be quoted separately from any and all costs associated with the primary TCOMM facility

1.5 OPTION TO LEASE EQUIPMENT

The Respondent should outline details of alternate procurement options such as leasing, financing or any other creative financial models available for government procurement as identified within Section 7.10 – Alternate Pricing, of this RFP document.

1.6 MULTI-RESPONDENT SOLUTIONS

TCOMM shall only recognize one responsible Respondent in the submission of a Proposal. Respondents desiring to submit Proposals that include multiple-vendor (Respondent) solutions shall refer to Section 5.4.2 - Multi Respondent Solutions - Joint Proposals/Joint Respondents, of this document.

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Friday, December 14, 2012 pg. 4

1.7 OVERVIEW OF THE REQUIREMENTS

Section 3 of this RFP describes those functions, services, and equipment that TCOMM believes are best provided by the Respondent. This presentation of requirements is not intended to be all-inclusive, nor is it TCOMM’s intent to limit the Respondent’s Proposal. TCOMM encourages innovation and creativity in providing its proposed commercial off the shelf system/software/solution (COTS), and relies upon the Respondent’s experience and knowledge to define and address any additional functionality it deems necessary in satisfying the objectives and/or requirements of TCOMM. It should be noted that some functions are being retained for security or other reasons, or because those functions appear to be more appropriately performed by TCOMM. System and business/operational support requirements have been organized within the four scope elements referenced above. The focus of the business requirements is to:

1. Ensure that the current and future NG-911 System requirements are met for TCOMM E-9-1-1 dispatching;

2. Ensure that transition activities are transparent to the users;

3. Take advantage of increased NG-911System functionality to expand TCOMM's computer aided dispatch (CAD) functionality, interfaces, integration, administrative support and management reporting; and

4. Install a standards-compliant NG-911 System solution within TCOMM in order to take advantage of state of the art Next Generation 911 technologies. Agency may expand the level of functionality of the Respondent’s proposed solution at a future date to provide additional functionality, expanded interoperability, and shared services.

TCOMM, at its sole discretion, may request the name, location, delivery/installation date, contact information or other pertinent information it deems necessary to confirm Respondent’s ability to provide, deliver as proposed, and confirm the current use of proposed features, functionality, and operational performance of requirements identified within this NG9-1-1 System procurement.

Every effort was made to ensure and provide a complete and accurate NG9-1-1 System RFP. Any errors and omissions shall be made known to TCOMM immediately upon identification by Respondent. Any conflict between Respondent, TCOMM, and/or nationally-recognized and accepted NG9-1-1 System standards and the requirements identified herein shall default to that which provides the greatest service, feature, function, operational benefit or identified need to TCOMM.

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Friday, December 14, 2012 pg. 5

1.8 RFP SCHEDULE

The RFP schedule shown below is set forth for informational and planning purposes. TCOMM intends to progress in this procurement in a series of orderly steps, directed at ensuring a working system is provided within an appropriate time line. The schedule that follows is a guideline developed in order to provide adequate information for Respondents to prepare definitive proposals, and to permit TCOMM to fully consider various factors that may affect the decision.

TCOMM may change these dates by Amendment sent to prospective Respondents.

RFP Schedule [Date require reassessment/consideration by TCOMM]

Activity Date

Publish RFP and Pre-Bid Conference “Respondent’s Packet”/Publish and Post to Web Site

12/14/2012

Deadline – Notification to Attend Mandatory Pre-Bid Conference

12/24/2012 – 2:00PM, PST

Deadline – To Submit Written Questions for Mandatory Pre-Bid Conference

12/24/2012 – Noon, PST

Mandatory Pre-Bid Conference 1/3/2012 – 8:00AM, PST

Deadline to Submit Questions 12/27/2012 – 2:00PM, PST

TCOMM Deadline to Respond to Questions 01/9/2013 – 5:00 PM, PST

Deadline to Submit Proposal 02/1/2013 – 2:00PM, PST

Evaluation, Respondent Site Visits, and Respondent Presentations

02/4/2013 thru 02/19/2013

Award Approval by TCOMM 02/20/2013

Protest Period 02/21/02 thru 02/25/2013

Contract Negotiation Begins 03/4/12 – 03/08/13 (estimated)

Contract Signed; Project Start TBD

1.9 RFP AVAILABLE ELECTRONICALLY

This Request For Proposal (RFP), and related documents and notifications, are available electronically, as a convenience to Respondents, from the Thurston County 911 Communications (TCOMM) web site at: http://www.tcomm911.org. TCOMM will not be responsible for the provision of any hardcopy documents to perspective Respondents. Should a discrepancy arise between any electronic versions and/or printed versions of RFP related documentation, the latest TCOMM-issued revision shall take precedence.

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Friday, December 14, 2012 pg. 6

SECTION 2.0 - RULES GOVERNING COMPETITION

2.1 CONTACT PERSON

This RFP is issued by Thurston 9-1-1 Communications “TCOMM”. Tim Klotz, TCOMM IT Manager, is the sole point of contact regarding all procurement matters relating to this RFP, the procurement process, and the goods and services described herein. Tim Klotz, TCOMM IT Manager, is the only point of contact authorized to clarify, modify, amend, alter, or withdraw the specifications, terms, and conditions of this RFP. All notices or inquiries pertaining to this document should be directed to:

Thurston 9-1-1 Communications Attn: RFP 2012-1

2703 Pacific Ave SE - Suite A Olympia, WA 98501

Email: [email protected]

NOTE: All email correspondence related to this RFP shall clearly state in the subject line TCOMM RFP 2012-1.

2.2 RESTRICTIONS ON COMMUNICATIONS WITH TCOMM STAFF

No Respondent-initiated contact, other than normal business activities not associated with this procurement, will be allowed between Respondents and TCOMM, members of the Proposal Evaluation Panel, TCOMM NG-911 Procurement Task Team, or TCOMM staff after announcement of intent to issue this RFP, except as identified in Section 2.1 – Contact Person, of this document.

Any such improper contact may disqualify a Respondent from further consideration. Requests for clarification by Respondents will be allowed, provided that such requests are made in writing or via e-mail through the Contact Person identified in Section 2.1 of this document.

A copy of any Respondent-submitted questions received in accordance with the guidelines specified within this document, along with TCOMM’s response, shall be provided to all identified and qualified Respondents.

2.3 HIRING OF TCOMM PERSONNEL

At all times during the proposal evaluation period, and continuing through the contract award or the rejection of all proposals, Respondents are prohibited from officially or unofficially making any employment offer or proposing any business arrangement whatsoever, to any TCOMM employee involved in the evaluation of Proposals submitted in response to this RFP. A Respondent making such an offer or proposition may be disqualified from further consideration.

2.4 MANDATORY PRE-BID CONFERENCE To ensure an accurate and complete Respondent response to this RFP, TCOMM is reliant upon Respondent’s complete and thorough understanding of the intended operational needs, functional requirements, and intended application for use of the requested system - as described herein. TCOMM is further reliant upon the professional, technical, industry, applicable standards, and

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other required knowledge of the Respondent to ensure a complete and accurate response is provided that meets the intended operational, functional, and other intended purpose(s) and use(s) of the requested NG-911System solution. Therefore, all prospective Respondents to this RFP are required to attend the Mandatory Pre-Bid Conference on the date and at the time and location specified below.

The purpose of the Mandatory Pre-Bid Conference is to provide attending Respondents with updated and/or additional information regarding the requirements of TCOMM or the procurement process, and to provide Respondents with an opportunity to ask questions and/or provide feedback to TCOMM regarding the specifics of the RFP - including the structure, processes, functionality, requested/available technologies, and content.

All qualified Respondents are required to attend the Mandatory Pre-Bid Conference to be convened on the date identified in Section 1.8 – RFP Schedule at the following time and location:

Time: 8:00 AM, Pacific Time (Standard or Daylight Savings Time – as appropriate on this January 3, 2013.)

Location: Thurston 9-1-1 Communications

2703 Pacific Ave SE

Room EOC CONFERENCE ROOM

Olympia, WA 98501

There will be a required check-in beginning at 7:30AM, Pacific Standard Time, for attending Respondents. This Mandatory Pre-Bid Conference will include a presentation of needs, supplemental documentation, and mandatory site visits to TCOMM facilities.

Attendance of the Mandatory Pre-Bid Conference is required for any party desiring to submit a proposal in response to this RFP.

All questions to be presented during the Mandatory Pre-Bid Conference must be submitted in advance, in writing, and are due by the date(s) specified in Section 1.8 –RFP Schedule by Noon, Pacific Standard Time, with submissions directed to: Attn: RFP 2012-1, in electronic (MS Word) format. No verbal inquiries will be accepted.

All Respondents desiring to attend the Mandatory Pre-Bid Conference must send a confirming email to TCOMM, directed to the Contact Person listed in Section 2.1 of this document, by the date specified in Section 1.8 – RFP Schedule. Confirmations to TCOMM shall include the company name, contact name and title, complete address, e-mail address, fax and phone numbers. Also list the names and contact information of any additional personnel your company plans to send to the Mandatory Pre-Bid Conference.

Your response to TCOMM will generate two events -

1. You will be added to the list of recipients to attend the Mandatory Pre-Bid Conference. Photo ID will be required of attendees.

2. You will also be added to the potential Respondent’s e-mail list to receive any subsequent updates or amendments to the RFP (as they are made available).

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Receipt of a request for attendance at the Mandatory Pre-Bid Conference is deemed confirmation of the Respondent’s receipt and review of the RFP, and acknowledgement of the requirements contained therein. Only qualified Respondent’s need attend the Mandatory Pre-Pre Conference.

If necessary, at the completion of the Mandatory Pre-Bid Conference, TCOMM may release an Amendment to this RFP containing any material or informational changes it deems necessary, and that do not limit competition.

2.5 SITE VISIT

A site visit or visits to the TCOMM Communication Center will be conducted during the Mandatory Pre-Bid conference meeting. The TCOMM site visit is a requirement of the Mandatory Pre-Bid Conference. Respondents failing to attend the site visit may be excluded from consideration. No other site visit will be made available. Contact with TCOMM outside of the scheduled site visit, except as specifically outlined herein and with regard to this procurement, will disqualify a Respondent from consideration.

2.6 EXAMINATION OF ALL REQUIREMENTS

Respondents should thoroughly examine this RFP document and become fully aware of the scope of products and services required. Proposals must be based solely on the information and materials contained within the RFP document, associated attachments or hand-outs, and any subsequent amendments as may be issued by TCOMM, and Respondent’s thorough and complete understanding of the intended use(s) and operations(s) of the requested NG91-1-1 System – based on Respondent’s expertise and knowledge of NG9-1-1 systems and standards of operation. Respondents are to disregard any draft material they may have received, any newspaper advertisements or articles they may have read, and any oral representations made.

2.7 CONDITIONS OF PROPOSAL WITHDRAWAL / FAILURE TO HONOR

A Respondent will be allowed to withdraw a Proposal from consideration, provided that such withdrawal is received by TCOMM prior to the deadline for final submission. Withdrawals must be filed in the same manner as a Proposal, clearly and distinctly marked as “Proposal Withdrawal For (insert Respondent’s Proposal number or identifier)”, specifying the exact Proposal to be withdrawn, and the purpose for the withdrawal. Respondents making a formal request for withdrawal, and having been received in accordance with the aforementioned requirements for withdrawal, shall not incur any penalties. Proposals on file with TCOMM at the deadline for final submission are irrevocable, and subject to consideration. Penalties may be imposed upon Respondent’s that withdraw or fail to honor their Proposals after the deadline for final submission. Such penalties may include all costs associated with the Respondent’s Proposal evaluation, any and all legal fees incurred in the processing of the withdrawal, and any other damages as may be incurred by TCOMM or its representative agents in the evaluation, processing, and subsequent withdrawal of the Respondent’s Proposal.

2.8 DISCLOSURE OF PROPOSAL CONTENTS

A. Non-winning proposals submitted in response to this RFP will be maintained by TCOMM until the awarded contract(s) expires or as required by applicable Washington State Records Retention and Destruction Schedule at the time of the contract award. The

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successful proposal(s) will be maintained by TCOMM for one (1) year after the date the contract expires or as required by applicable Washington State Records Retention and Destruction Schedule at the time of the contract award. TCOMM may destroy the records at the expiration of the applicable period.

B. As a public agency, TCOMM is subject to federal and state laws and regulations, which provide that the public has the right to access information maintained by public agencies, subject to specified exceptions. After the announcement of the apparent successful Respondent and during the record retention period, all proposals are subject to disclosure to the extent required by law.

C. In its response to this RFP, each Respondent may designate any portion(s) of its proposal the Respondent deems proprietary or confidential, and thus exempt from disclosure, citing the specific statutory authority upon which it relies. A Respondent's assertion of exemption will not be binding on TCOMM, but will be considered as part of TCOMM's review. If a Respondent does not appropriately designate confidential or proprietary portions of its proposal or fails to provide valid legal authority for such designation, all portions of the Respondent’s proposal may be subject to disclosure.

D. If a Respondent does appropriately designate portions of its proposal as proprietary or confidential and TCOMM receives a request to disclose the information so designated, TCOMM will send written notification to the Respondent. The Respondent must, within the timelines noted by TCOMM, send TCOMM a written request not to disclose the documents the Respondent deems exempt from disclosure, citing the specific statutory/legal authority upon which it relies. Failure to respond to TCOMM's notice may result in disclosure of the information. TCOMM will review the Respondent's request in accordance with the provisions of applicable law, and promptly notify the Respondent if, notwithstanding its request, TCOMM determines it is required to disclose the subject information.

E. If TCOMM complies with the Respondent’s request not to disclose the documents and/or records, the Respondent shall take appropriate and immediate action, at its own expense, to obtain a judicial determination regarding the confidentiality of the requested records. In this event, the Respondent shall pay all costs, including attorneys' fees, incurred by TCOMM in its participation in the action. If TCOMM complies with the Respondent's request and does not disclose or produce portions of the Respondent's proposal, and if the party requesting the information/documents prevails in an action brought to enforce disclosure or production, the Respondent shall promptly indemnify TCOMM for any and all attorneys' fees and/or costs incurred in bringing or defending an action, including any costs associated with compliance with a court order. All proposals become the property of TCOMM upon receipt and shall not be returned to the Respondent. TCOMM shall have the right to use, without remuneration, all ideas or adaptation of the ideas contained in any proposal received. Selection or rejection of the proposal will not affect this right. Until a resulting Contract is executed, or until all Respondent’s proposals are rejected, no employee, agent, or representative of any Respondent shall make available or discuss its response with the press, any elected or appointed official or officer of the State of Washington, or any member of TCOMM unless specifically permitted to do so by TCOMM for the purposes of clarification and/or evaluation.

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2.9 ACCEPTANCE PERIOD

Proposals must remain valid from the proposal submission date through the date a Contract is signed or the RFP is cancelled. Proposals containing a term of less than the aforementioned period may be rejected.

2.10 MULTIPLE PROPOSALS

A Respondent must compete for all elements of the RFP. Within a single proposal the Respondent may identify Offered Options, including unsolicited products, services, features, or substitutions, which the Respondent believes may be appealing and useful to TCOMM. Respondents are not allowed to include or offset requirements, services, or costs from one element with those from another element. A single proposal combining multiple elements may be cause for rejection.

Respondents submitting a proposal for one of the elements must be familiar with the requirements for the other elements as they will be responsible for ensuring that their proposal meets TCOMM's needs and will operate satisfactorily with the other elements.

For purposes of this RFP, Respondent is defined to include a parent corporation of the Respondent and any other subsidiary of that parent corporation.

2.11 NON-EXCLUSIVE RIGHTS

Nothing in this RFP or any Contract resulting from this RFP shall preclude TCOMM from purchasing third party NG9-1-1 and telecommunications services or network management services for use in another NG9-1-1 system or for use as an integral part of the systems described within this RFP.

2.12 COSTS ASSOCIATED WITH PROPOSAL

TCOMM shall not be liable for any of the costs incurred by a Respondent in this procurement process.

2.13 REJECTION OR SELECTION OF PROPOSAL

Issuance of this RFP in no way constitutes a commitment by TCOMM to award any Contract. TCOMM reserves the right to reject any or all proposals or any portion of all proposals received in response to this RFP if TCOMM determines that it is in its best interest to do so. TCOMM may reject any proposal, which is conditional, incomplete, or contains any material deviations. If all Respondents fail to meet one or more of the mandatory requirements, TCOMM reserves the right to continue the evaluation of the proposals and to select the proposal which offers the best value to TCOMM.

2.14 NON-MATERIAL AND MATERIAL DEVIATIONS

Failure to furnish all required information or to follow the format specified in this RFP may disqualify a proposal.

TCOMM may waive any nonmaterial deviation in a proposal. TCOMM’s waiver of a nonmaterial deviation shall in no way modify the RFP requirements nor excuse the proposing

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Respondent from full compliance with the Contract requirements.

2.15 AMENDMENTS TO THE RFP

TCOMM reserves the right to amend the RFP. Notice of amendments shall be sent to prospective Respondents who have submitted an email registration, in accordance with Section 2.4 of this document, to TCOMM Contact Person identified in Section 2.1, and shall be posted for public acquisition as defined within Section 1.8 – RFP Available Electronically, of this document.

If a Respondent fails to notify TCOMM contact person of an error in this RFP which was known or reasonably should have been known to the Respondent, the Respondent shall submit a response at the Respondent's own risk. If awarded the Contract, the Respondent shall not be entitled to additional compensation or performance time by reason of the error or its later correction.

2.16 PROTEST TO THE AWARD

This procedure is available to Respondents who, in full compliance with the requirements outlined herein, submitted a response to this solicitation document (RFP) and who have participated in the Mandatory Pre-Bid Conference. Upon completing the Mandatory Pre-Bid Conference or upon notification of a selected Respondent, the Respondent shall have three (3) business days in which to file a protest regarding the acquisition policy, award, and/or procedures with TCOMM.

Respondents protesting this procurement shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Respondents under this procurement.

All protests must be in writing and signed by the protesting party or an authorized agent. The protest must state the grounds for the protest with specific and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to TCOMM NG9-1-1 RFP 2012-1 Protest.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

A matter of bias, discrimination, or conflict of interest on the part of the evaluator;

Errors in computing the score; and/or,

Non-compliance with procedures described in the procurement document or TCOMM policy.

Upon receipt of a protest, a protest review will be held by TCOMM Executive Director. All available facts will be considered and TCOMM and/or its delegate will issue a decision within five business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Respondent, which submitted a proposal, such Respondent will be given an opportunity to submit its views and any relevant information on the protest to TCOMM Executive Director.

The final determination of the protest shall:

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Find the protest lacking in merit and uphold TCOMM’s action; or

Find only technical or harmless errors in TCOMM’s acquisition process and determine TCOMM to be in substantial compliance and reject the protest; or

Find merit in the protest and provide TCOMM options which may include:

o Correct the errors and re-evaluate all proposals, and/or

o Reissue the solicitation document and begin a new process, or

o Make other findings and determine other courses of action as appropriate.

If TCOMM determines that the protest is without merit, TCOMM will enter into a contract with the apparently successful Respondent. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

If an award is cancelled as a result of a protest filed after award, TCOMM shall not be liable to the awardee or other parties for, and the awardee nor other parties shall not claim against the state, any alleged (a) Proposal preparation charges, (b) cost incurred to ensure that the awardees Proposal is responsive, (c) claims for anticipated lost profits, or (d) claims for damages.

2.17 CONTRACT EXECUTION

Failure or refusal on the part of the intended awardee to execute the Contract within ten (10) working days of submission of the Contract to it for signature may be treated by TCOMM as a repudiation of the Contract. TCOMM may then either 1) select the next proposal submitted by a responsible Respondent whose proposal conforms to the requirements of this RFP and represents the best value to TCOMM; or 2) reject all proposals. If TCOMM is unable to execute a contract with the apparent successful Respondent, TCOMM reserves the right to award the contract to the next responsive and responsible Respondent whose proposal conforms to the requirements of this RFP and represents the best value to TCOMM. In any case, the initial intended awardee (Respondent) shall be subject to penalties as specified in Section 2.7 – Conditions of Proposal Withdrawal / Failure To Honor, of this document.

2.18 DETERMINATION OF RESPONSIBILITY

During Proposal evaluation, TCOMM reserves the right to make reasonable inquiry to determine the responsibility of any Respondent. Requests may include, but not be limited to, financial statements, credit ratings, references, record of past performance, and/or on-site inspection of Respondent's, or Respondent's subcontractor's facilities. Failure to respond to said request(s) will be sufficient reason to consider the Respondent non-responsive.

During the contract term, should the Respondent be determined to be in violation of Federal, State, or local laws or regulations, TCOMM reserves the right to modify its initial determination of responsibility at the time of award and to take other action as determined appropriate, including but not limited to termination of the contract.

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2.19 AWARD FACTORS

A. Criteria: A TCOMM contract shall be awarded to the most responsible and responsive Respondent subject to the preferences provided by law. Award criteria shall include all factors identified in the RFP and the contractual requirements provided herein. No MWBE (Minority, Women, and small Business Enterprises) preference will be included in the evaluation of Proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award and Proposals will not be rejected or considered non-responsive on that basis.

B. TCOMM reserves the right to:

Waive any informality.

Reject any or all Proposals, or portions thereof. TCOMM may "accept any portion of the items bid" unless the Respondent clearly stipulates “all or nothing” on their Proposal.

Reissue RFP, or negotiate under provisions outlined therein.

Award on an all or none consolidated basis taking into consideration reduction in administrative costs as well as unit bid prices.

SECTION 3.0 - SCOPE OF SERVICES AND RESPONSE REQUIREMENTS This section contains the requirements for the equipment and business support services needed to support TCOMM’s NG9-1-1 system. The requirements are categorized within the three major scope elements as defined within this contract. This procurement is structured to provide Respondents with considerable flexibility to offer cost-effective solutions to meet TCOMM’s business needs.

These needs have been categorized as follows:

Mandatory Requirements must be fully met for the Respondent’s proposal to be considered responsive and responsible.

Desirable Requirements may be provided and, if met, will add to the evaluation of the Respondent's proposal. If the requirement is not met or the Respondent chooses not to propose a requirement in this category, overall evaluation will not be affected.

Offered Options represent additional capabilities that are not specified in this document. Respondents are encouraged to propose innovative solutions that may increase revenues, decrease costs, and/or increase efficiencies at TCOMM.

Although Offered Options will not be evaluated against the requirements in this section, they will be considered in the evaluation of the Respondent’s overall capabilities. In addition to describing how its proposal provides the functions and/services required by TCOMM, the Respondents must certify that their proposal meets each of the individual Mandatory requirements. Respondents must also respond to Desirable Requirements indicating how their proposal meets or does not meet each individual requirement. Cost information is to be submitted in a separately sealed package per Section 8.1.

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Respondents will answer each of the functional requirements listed below with one of the following responses only:

Yes - The proposed system currently meets all the requirements of the section and is included in the proposed system, at the proposed cost.

No - The proposed system does not currently meet all of the requirements of the section, the identified functionality is not included in the proposed solution, and the Respondent does not anticipate development to address this requirement.

Alternate (Alt) - The proposed system meets the intent of the section but does not accomplish it in the same manner as it has been described. When using this answer the Respondent shall attach a separate response to each of the requirements, explaining in detail how their product meets the intent of the requirement.

Modification Required (MR) - The proposed system does not currently meet all the requirements of the section, but the Respondent will address the requirement through new development. When using this answer the Respondent is committing to deliver the function as a part of this project (i.e.: It is required for final acceptance). If the Respondent is charging TCOMM for developing this functionality, the additional cost shall be clearly stated in a pricing proposal; otherwise it shall be assumed that all related costs are included in the proposed cost.

Under Development (UD) – The proposed system does not currently meet all of the requirements of this section. However, the required functionality is already being developed and will be delivered as part of this project prior to final acceptance. If the Respondent intends to charge additional fees for the required functionality, the cost for the function must be clearly stated in the pricing proposal.

YES – (Y), NO – (N), ALTERNATE – (ALT), MODIFICATION REQUIRED – (MR), UNDER DEVELOPMENT – (UD)

Mandatory Requirements Y NALT

MR

UD

3.1 – NG9-1-1 ANI/ALI TELEPHONY SWITCH REQUIREMENTS

The following are mandatory requirements. Taking exception to any items listed in the following sections may disqualify the bid response.

3.1.1 – Survivability and Redundancy

3.1.1.1 - System data must be replicated on multiple servers or at separate locations; no single centralized server solution is acceptable due to survivability and risk mitigation needs.

3.1.1.2 - System must support multiple layers of redundant call processing and more than one level of survivability.

3.1.1.3 - The system shall have a complete portable solution for off-site call handling operations provided a nominal broadband access is achievable between

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the main or back-up PSAP and the remote location.

3.1.1.4 - Proposed system shall support a distributed architecture and allow for flexible rules-based call routing using different gateways in different locations, including automated fail-over in case a gateway is temporarily unavailable.

3.1.2 – Interfaces and Standards

3.1.2.1 - The system must be compliant with all currently approved NG9-1-1 Standards see Section 10.0 Attachment A.

3.1.2.2 - The solution must include options for industry standard telephones and be compatible with Voice Recording (Logging Recorder).

3.1.2.3 - The solution MUST meet or exceed all currently adopted NG9-1-1 Standards and be capable of communicating directly with multiple IP selective routing and/or SIP trunk solutions.

3.1.2.4 - The NG9-1-1 Telephony Solution shall have the capability to provide a digital T1 (DS1 standard) and/or ISDN-PRI interface for 9-1-1 trunks and administrative lines. For T1s, this must be a direct connect T1 without the requirements for separate analog channel bank equipment. For ISDN-PRI, all relevant features, including Feature Group D, shall be supported. Must be capable of supporting single or dual spans. Must be capable of supporting a mix of T1 and ISDN-PRI on the same hardware.

3.1.2.5 - Proposed system must process messages internally with a native SIP design. That is, it must send and receive real-time sessions internally as a SIP proxy.

3.1.2.6 - Proposed system must be Session Initiation Protocol (SIP) standards compliant.

3.1.2.7 - Proposed system must be compatible with the following PBX Interfaces:

a. Analog

b. T1

c. ISDN-PRI with or without QSig

d. SIP over Ethernet

3.1.2.8 - Proposed system must provide the following telephony interfaces; state your ability to provide each:

a. CAMA (analog and T1)

b. Loop Start (analog and T1)

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c. PRI (T1/E1 with or without QSig interface for PBX interconnect to other PBXs)

d. Ground Start

3.1.2.9 - The NG9-1-1 Telephony Solution shall provide two output interfaces to the ALI retrieval system and have an auto and manual ALI re-bid capability.

3.1.2.10 - The system must have the ability to report incorrect ALI information to technical staff.

3.1.2.11 - System must incorporate a single headset solution that allows a dispatcher to hear and speak on both phone and radio audio through the single headset.

3.1.2.12 - The system must provide a monitor/listen only headset jack at each 9-1-1 workstation that is capable of monitoring both phone and radio audio simultaneously.

3.1.2.13 - The system must be capable of supporting non-proprietary IP phones, digital phones, and data lines requiring a dial and ring tone (fax machines, modems, and other legacy analog devices).

3.1.2.14 - The system must have a built-in agency configurable voice messaging system that will inform each user when they have a message waiting via message waiting light, email, or other method of notification and be configured to support a TCOMM defined memory capacity.

3.1.2.15 - System must have the ability for a supervisor, or other authorized user or position, to remotely monitor another call taker position without the knowledge of the person being monitored; the system must also allow the monitoring party to be able to “take over” the call if needed.

3.1.2.16 - System must provide instant play back feature of calls to the call receiver; allows call receiver the ability to playback the entire 911 call over the phone to an officer or at the work station over a speaker.

3.1.2.17 - System must be touch screen, but must also be able to use the Genovation-type external keypad for dialing, hanging up, putting calls on hold, etc.

3.1.2.18 - System should provide 3-digit transfers to other cities/counties in Washington State; and customized selection of various other agencies police/fire agencies in Thurston County.

3.1.2.19 - The solution must include a PBX soft switch to support the required emergency 10-digit option for citizen reporting, and administrative telephone requirements at each location. The system must have an intercom capability and

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recorded announcement capabilities that is customer configurable.

3.1.3 – Control Functions and Software Features

3.1.3.1 - The system must have customer programmable ACD capabilities included.

3.1.3.2 - The proposed system must have the ability to record and play back the previous 10 calls at each workstation, at minimum.

3.1.3.3 - The system must have a dedicated abandoned call button and separate abandoned call queue and support distinctive ringing for abandoned calls.

3.1.3.4 - Call takers must have the ability to recall a list of calls previously answered at the call taking position. A minimum of twenty (20) is required.

3.1.3.5 - The system must be capable of conferencing a minimum of four (4) parties.

3.1.3.6 - The system must provide a hold function that makes it possible for any 9-1-1 call taker to retrieve a call put on hold by another call taker. ANI/ALI information must be handed to whoever retrieves the call.

3.1.3.7 - Call takers must have the ability to put a call on hold such that only they can retrieve it. Placing calls on hold must not be limited in the number of calls placed on hold or parked by the software, but rather be based on system capacity (IE available trunks/lines).

3.1.3.8 - Speed dial lists must be agency configurable and accessible from every workstation. Speed dial should be a one click or button operation. Speed dials must be able to be grouped into categories. Speed dials should be context sensitive such that a single speed dial button will perform different functions based on the current state of the call taker’s CTI application (Idle 9-1-1 etc.).

3.1.3.9 - The speed dial library must allow users to search for an entry by typing the first few letters of the entry to narrow down results.

3.1.3.10 - The system must be designed so that no calls in progress will be dropped or lost due to failure of the telephony servers. Conference servers are not an acceptable substitution.

3.1.3.11 - Proposed system must support multiple call queue configurations.

3.1.3.12 - The system must have a barge-in capability.

3.1.3.13 - Automatic TDD/TTY answering system shall be provided system-wide that is utilized by each call-taking position. The system shall be capable of transferring and/or conferencing a TDD/TTY call. The system must allow users

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to store and access a minimum of 20 pre-programmed TDD/TTY messages and print the previous TDD/TTY conversations.

3.1.3.14 - The system shall support the ability to transfer as required. The system must support pre-programmable intelligent transfer functionality.

3.1.3.15 - The NG9-1-1 Telephony Solution shall enable call-takers to perform one-button callback for wireline 9-1-1 calls, wireless 9-1-1 calls, and VoIP calls.

3.1.3.16 - The system shall provide the ability to display ALI information to the call-taker before the call is answered. ANI/ALI information must be transferred with the call when a call is transferred to another dispatch position, or to another PSAP.

3.1.3.17 - System must provide a maximum of 2 button transfer of 911 calls to a common bank (park function); Allowing another telecommunicator to pick up the call; or the same telecommunicators to retrieve the call.

3.1.3.18 - System must indicate who “owns” the parked/held call; currently the parked call has an identifying arrow next to the held line. Combined “Park” should identify the call receiver position number or another proposal to easily and quickly ascertain who placed the call on “park”.

3.1.3.19 - System must allow multiple “park” lines to allow multiple 911 calls, as well as, multiple business lines, to be placed into “park” to allow the call receiver the ability to prioritize based on emergency of the caller.

3.1.3.20 - System button configuration must be customer definable and be able to accommodate a growing need for buttons for the future.

3.1.3.21 - System must be able to house employee phone numbers in an easily accessed format for calling with minimal effort.

3.1.4 – Management Information Service Reports

3.1.4.1 - The system, including MIS shall permit customization of the user interface on a customer and per user basis including screen layout, colors, and fonts.

3.1.5 – Future Expansion

3.1.5.1 - Proposed system must be expandable (without adding controllers or an additional rack or backroom) to accommodate a 50% growth from current capacity. System expandability should support potential for regionalizing with neighboring PSAPs without necessity for additional hardware.

3.1.6 – Switch Administration and Maintenance

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3.1.6.1 - The system shall have call monitor/observe functionality.

3.1.6.2 - The system must provide alarming capabilities for any element of equipment or network failure to the vendor, and PSAP supervisory and TCOMM IT staff.

3.2 – TECHNICAL SPECIFICATIONS

The customer requests that the Vendor submit a bid to furnish and install a VoIP-based enhanced 9-1-1 system. The system shall be software controlled and customer feature-programmable. The proposer shall detail all ‘vendor only’ programmable elements within the solution proposed.

3.2.1 – Component Redundancy

3.2.1.1 - All major components proposed in the system should be fully redundant allowing for full geographical split location of the system. The system shall be designed to allow distribution of major components between multiple locations without requiring the purchase of additional hardware.

3.2.1.2 - No single major component failure shall disable more than 50% of the system capacity.

3.2.1.3 - The system architecture shall be such that the failure of any one component or module will not result in total system failure, but only the loss of the equipment associated with that module. All vital system modules must be protected through the use of redundant modules to eliminate any single point of failure. It is mandatory that any central processor shall be fully duplicated in a hot standby mode. Switch-over shall be automatic and shall not require manual intervention.

3.2.1.4 - The system shall be engineered to provide system-wide reliability. The vendor shall describe their system architecture with respect to the major components or modules, and describe how the system will react to a failure of each major component or module.

3.2.1.5 - The system shall use standard Ethernet LAN cabling between call handling positions and common equipment.

3.2.2 – Call Formats

3.2.2.1 - The proposed system shall have the demonstrated ability to effectively manage and process a variety of different call formats, including:

a. Traditional analog or digital telephone calls

b. Wireless calls in compliance with the FCC Phase I and Phase II mandate for full call integration

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c. Voice over IP in native (SIP) format in compliance with the all currently adopted NG9-1-1 Standards

3.2.3 – Supported Interfaces

3.2.3.1 - The following incoming telephony interfaces shall be supported:

a. Telephone Line Interface

b. Ring Down Line Interface

c. E9-1-1 CAMA Analog Trunk

d. Digital T1 Interface

e. ISDN Primary Rate Interface

f. Enhanced MF Signaling Interface

g. Direct IP Telephony Interconnection

3.2.4 – ALI Database Access

3.2.4.1 - ALI requests shall be made immediately after ANI has been decoded. (Systems that wait for the call taker to go off-hook before sending requests for ALI will not be considered.)

3.2.4.2 - In addition to legacy ALI database access, the proposed system shall also natively support XML-ALI based lookup.

3.2.4.3 - If the received ALI is unclear or incomplete, a call taker must be able to command the system to repeat the request to the database.

3.2.4.4 - Manual requests of ALI shall be available for a call taker-entered ANI.

3.2.5 – Intelligent Distribution of 9-1-1 Trunks and Lines with Queue Status

3.2.5.1 - The Telephony Solution must be capable of providing intelligent call distribution of 9-1-1 trunks and administrative lines. The Automatic Call Distribution (ACD) must allow for various routing options, including the following at minimum:

a. The capability to route the call that has been waiting the longest to the first available operator

b. The capability to ring all answering positions

c. Linear

d. Circular

e. Multiple Queues

f. Refuse Call

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g. Control DND

h. Overflow

3.2.5.2 - The system shall be configurable to allow call takers to bypass ACD assignment and answer any ringing 9-1-1 call directly. Permission to change this feature can be assigned on a per user basis.

3.2.5.3 - The system shall allow supervisors and/or call-takers to view real time, concise ALI information of all 9-1-1 calls in queue at the PSAP as well as position status of each workstation from an Intelligent Workstation and/or wall mounted Reader Board.

3.2.6 – Integrated Voice Recording

3.2.6.1 - In addition to standard contacts for external call recorders, the Intelligent Workstation shall have a built-in and integrated call recorder as per the following definitions:

a. Built-in – The call recording functionality shall be accessible on-screen via the Intelligent Workstation’s GUI (Graphical User Interface).

b. Integrated – Individual recordings shall be accessible via their associated on-screen call records. In other words, the relationship between a given call event, the ALI, and associated audio recording is clearly displayed.

3.2.6.2 - The system shall have the ability to play pre-recorded system announcements to incoming callers.

3.2.6.3 - Call takers must have the ability to retrieve and replay their last 10 calls from the workstation, at a minimum.

3.2.6.4 - System shall be fully compatible with and integrated into TCOMM’s existing NICE systems, Inc. ® audio archiving solution.

3.2.6.5 - System must be adaptable to NICE NRX Inform Logging

3.2.6.6 - System must be adaptable to other logging recording system meeting NG9-1-1 Standards

3.2.7 – Computer Aided Dispatch (CAD)

3.2.7.1 - System must have an interface to Tiburon Command CAD

3.2.7.2 - System must be able to interface to other CAD systems

3.2.8 – Clock Interface

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3.2.8.1 - The system must be capable of synchronizing to a network time protocol (NTP) source. In the absence of an NTP source, the system shall remain internally synchronized (common equipment and call handling workstations will be synchronized to the common equipment time).

3.2.9 – Geo-Diverse Solution

3.2.9.1 - The NG9-1-1 Telephony Solution shall provide connectivity to operate distributed PSAP environments across geographically separated sites. This shall include the ability to support a multiple deployment option including the capability to operate a backup site with automatic switchover.

3.2.10 – Switch Administration and Maintenance

3.2.10.1 - All System hardware that is “off the shelf” must have a 5 year support agreement from the hardware vendor, with 4 hour onsite parts replacement.

3.2.10.2 - Vendor will quote price for recommended critical spare parts.

3.2.10.3 - The system shall be equipped to run self-diagnostic programs and to automatically report any error via audible and visible alarms. In addition, system should provide an external trigger that may be used to initiate other notification systems such as texting, paging or email systems.

3.2.10.4 - The system programming must include automatic diagnostic routines and the automatic notification of any system errors to both the normal system maintenance staff as well as identified TCOMM staff.

3.2.10.5 - Could the vendor explain how TCOMM could offer Tier 1 maintenance support.

3.2.11 – Remote Positions

3.2.11.1 - The system shall be capable of providing portable operator answering positions using a high-speed IP connection, WiFi connection or IP switched connection to remotely access the NG9-1-1 Telephony Solution utilizing a standalone laptop or other mobile device.

3.2.12 – Call Displays

3.2.12.1 - When a 9-1-1 call is received, the ANI controller shall accept multi-frequency codes extended from the Central office and decode the calling telephone number and display it on the screen associated with the answering call taker’s position for both 9-1-1 and Calling Line Identification (CLID) for administrative lines.

3.2.12.2 - Immediately thereafter, the ANI controller shall automatically extend

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the 9-1-1 calling number data to the ALI computer. Then, the ALI information shall display the caller’s address with the ANI. Systems that wait to retrieve ALI until the call is answered are not acceptable.

3.3 – NEXT GENERATION FUNCTIONALITY The system shall deliver true NG9-1-1 functionality as envisioned by U.S. Department Of Transportation (“USDOT”), NENA and others). TCOMM requires that the system be compliant with standards of industry associations, regulatory bodies, carriers and vendors. Vendor must describe how the system will comply with standards as they exist at the time of proposal for such core NG9-1-1 functions as:

3.3.1 - Emergency Call Routing Function (ECRF)

3.3.2 - Emergency Services Routing Proxy (ESRP)

3.3.3 - Emergency Call Routing Proxy (ECRP)

3.3.4 - Border Control Function (BCF)

3.4 – MULTI-MEDIA REQUESTS FOR ASSISTANCE

The system architecture must support multi-media requests for assistance, other than simply voice. Vendor must describe how the system supports multi media requests and describe industry testing for such requests including:

3.4.1 - Traditional analog or digital telephone calls

3.4.2 - Wireless calls in compliance with the Federal Communications Commission (“FCC”) Phase I and Phase II mandate for full call integration.

3.4.3 - Voice Over IP (VoIP) in native (SIP) format in compliance with all currently adopted NG9-1-1 standards

3.4.4 - Short Messaging System (“SMS”) messaging (Cellular Text), video and photo messaging services and other applicable technologies

3.4.5 - Instant Messaging (IM)

3.4.6 - Voice Over IM

3.5 – MANAGEMENT INFORMATION SYSTEMS (MIS) REQUIREMENTS

The system must provide a comprehensive integrated MIS solution that allows TCOMM’s staff to report on real time as well as historical statistics.

3.5.1 - The system must provide the ability to customize standard canned reports to tailor the output as the PSAP requires as well as provide the ability to generate

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custom reports. Reports must be able to be saved and run again at a later time.

3.5.2 - The system shall also provide the ability to schedule reports to be run at specified times and have a method of auto delivery of scheduled reports via email.

3.5.3 - The MIS solution must be user programmable to allow for partitioning of remote PSAP/s management information that is retrievable via a secure method by only the PSAP receiving the call/s.

3.5.4 - The MIS solution must support multiple customers.

3.6 – FUTURE EXPANSION

The Vendor shall provide the maximum number lines, trunks, bandwidth, etc. that the proposed NG9-1-1solution can expand to too meet anticipated future growth.

3.6.1 – Define expansion capabilities and benefits of the proposed solution.

SECTION 4.0 - CONTRACT MANAGEMENT

4.1 CONTRACT MANAGEMENT

4.1.1 Contract Managers

The Respondent designates _________________________ as its Contract Manager.

TCOMM designates _KD Seeley__ as its Contract Manager.

The Contract Managers are responsible for assuring compliance with the terms and conditions of this Contract and, unless otherwise specified in this Contract, shall have the authority to act for and bind the Respondent in connection with all aspects of this Contract. The parties shall notify each other within five (5) working days of a proposed change in Contract Manager. Any change in Respondent’s Contract Manager shall be subject to TCOMM approval.

4.1.2 Dispute Resolution

The parties shall mutually attempt to negotiate an amicable resolution of any dispute in accordance with this Section.

a. Notification: The Contract Manager of the complaining party shall notify the Contract Manager of the other party, in writing, specifying the issue for resolution in reasonable detail (the "Notice").

b. Response: The non-complaining party shall respond to the Notice, in writing, within five (5) business days. The parties agree to abide by the following procedure:

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i. If the non-complaining party acknowledges responsibility, the response shall specify the steps that will be taken to resolve the issue and the reasonable time schedule for such resolution, taking into consideration TCOMM's business needs. The parties agree to consider all good faith and reasonable solutions and to exercise all reasonable efforts to resolve the issue.

ii. If the non-complaining party does not acknowledge responsibility in the response, the parties' Contract Managers will meet in person within two (2) business days after such statement with the sole task of determining responsibility, and what steps the responsible party should take to resolve the issue. The Contract Managers shall meet as often as reasonably necessary, and shall gather and furnish to the other party all relevant information reasonably necessary to resolve the issue. TCOMM reserves the right to utilize its contracted or member affiliates in presenting and negotiating the resolution of any Notice.

c. Escalation: If the parties are (1) unable to resolve the dispute within five (5) business days from receipt of the non-complaining party's response to the Notice, or (2) the responsible party has not taken steps to resolve the dispute according to the agreed upon time schedule, then TCOMM and the Respondent's Chief Executive Officer shall meet as soon as practicable, but at most within five (5) business days, to discuss and attempt to resolve the dispute to the mutual satisfaction of both parties. Each party agrees not to initiate formal proceedings until twenty (20) business days after either party 1) concludes in good faith and 2) notifies the other in writing, that amicable resolution through continued negotiation appears unlikely.

4.2 TERMINATION

4.2.1 Termination by Either Party

Upon expiration of all extension options exercised by TCOMM in accordance with Section 5.1.2 either party may terminate this Contract by providing ninety (90) days advance notice to the other party.

4.2.2 Termination for the Convenience of TCOMM

TCOMM shall have the right to terminate any discrete portion of the Contract for its convenience upon 30 days written notice to the Respondent. Upon receipt of notice of a convenience termination, Respondent shall immediately cease performance and shall mitigate damages, including - but not limited to, causing any and all of its suppliers and subcontractors to cease work. Subject to the terms of this Contract, Respondent shall be entitled to compensation, upon submission of invoices and proper proof of claim, for that portion of services and products that were satisfactorily rendered or provided prior to the effective date of termination and other reasonable charges the Respondent can demonstrate to the satisfaction of TCOMM have resulted from the termination. Under no circumstances shall TCOMM be subject to any penalties or other charges of action based upon a Termination for Convenience.

In the event of termination upon 30 days written notice, the Respondent shall furnish copies of all materials related to performance hereunder at the time of termination.

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4.2.3 Termination for Cause

TCOMM reserves the right to terminate any Contract resulting from this RFP, in whole or in part, upon the following conditions:

a. A receiver, conservator, liquidation, or trustee of the Respondent, or of any of its property is appointed by order or decree of any court or TCOMM or supervisory authority having jurisdiction; or an order for relief is entered against the Respondent, under the Federal Bankruptcy Code; or the Respondent is adjudicated bankrupt or insolvent; or any portion of the property of the Respondent is sequestered by court order and such order remains in effect for more than thirty (30) days after such party obtains knowledge thereof; or a petition is filed against the Respondent under any state, reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation, or receivership law of any jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within thirty (30) days, or

b. The Respondent files a case under the Federal Bankruptcy Code or is seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any case or petition against it under any such law, or

c. The Respondent makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or consents to the appointment of a receiver, trustee, or liquidator of the Respondent or of all or any part of its property; or judgment for the payment of money in excess of $50,000.00 (which is not covered by insurance) is rendered by any court or governmental body against the Respondent, and the Respondent does not discharge the same or provide for its discharge in accordance with its terms, or procure a stay of execution thereof within thirty (30) days from the date of entry thereof, and within said 30-day period or such longer period during which execution of such judgment shall have been stayed, appeal there from and cause the execution thereof to be stayed during such appeal while providing such reserves there for as may be required under generally accepted accounting principles; or a writ or warrant of attachment or any similar process shall be issued by any court against all or any material portion of the property of the Respondent, and such writ or warrant of attachment or any similar process is not released or bonded within thirty (30) days after its entry, or

d. A court of competent jurisdiction finds that the Respondent has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or

e. The Respondent fails to communicate with TCOMM as required by the Contract, or

f. The Respondent fails to remove any person from work relating to the Contract upon written notice from TCOMM, or

g. The Respondent breaches the RFP’s standard of confidentiality with respect to this RFP or the services provided there under, or

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h. TCOMM makes a written determination that the Respondent has failed to substantially perform under the Contract, which determination shall specify the events resulting in TCOMM’s determination that the Respondent has failed to substantially perform under the Contract, or

i. The Respondent fails to comply with any of the terms, conditions or provisions of the Contract, in any manner whatsoever, or

j. The Respondent engages in any conduct that results in a negative public impression including, but not limited to, creating even an appearance of impropriety with respect to TCOMM, the NG9-1-1 System, the Respondent, or the State of Washington.

4.2.4 Termination for Default

TCOMM may terminate the Contract or portion(s) of the Contract, and be relieved of the payment of any consideration to the Respondent, for any of the following reasons:

a. The Respondent has furnished any material statement, representation, warranty or certification to TCOMM which is materially false, deceptive, incorrect, or incomplete;

b. The Respondent fails to perform to TCOMM’s satisfaction any material requirement of the Contract or is in violation of any specific provision, and fails to remedy the failure in the manner and within the timeframe set forth in a written notice from TCOMM; or

c. TCOMM determines satisfactory performance of the Contract is substantially endangered or can reasonably anticipate such an occurrence or default, and the Respondent fails to remedy the situation leading to such endangerment in the manner and within the timeframe set forth in a written notice from TCOMM.

d. In the event of termination for default, TCOMM shall have the right to obtain replacement services and/or goods for the services and/or goods that the Respondent agreed to provide under this Contract. TCOMM shall have the right to collect from Respondent:

1) The difference between the compensation stated in this Contract and

2) The actual cost to TCOMM for obtaining and utilizing replacement services and/or goods. TCOMM shall also be entitled to collect its actual costs including, but not limited to, administrative expenses and re-procurement costs incurred in processing and procuring replacement services and/or goods, either on an emergency or on a permanent basis. TCOMM may collect monies it is due by offsetting the amount from any payments due to Respondent. In addition, TCOMM shall have all other rights and remedies afforded to it by law.

If, in the reasonable judgment of TCOMM, a default by Respondent is not so substantial as to require termination, reasonable efforts to induce Respondent to cure the default are unavailing, and the default is capable of being cured by TCOMM or by another resource without unduly interfering with continued performance by Respondent, TCOMM may at Respondent’s expense provide or procure the services reasonably necessary to cure the default.

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SECTION 5.0 – STANDARD TERMS AND CONDITIONS

5.1 BINDING OFFER/DISQUALIFICATION

This section of the RFP contains the contractual clauses that are typically defined as STANDARD TERMS AND CONDITIONS (T’s & C’s), which are not directly related to the Scope of Work/Technical Specifications. They are, however, necessary in an effort to:

1. Minimize the liability of TCOMM; and

2. Ensure clarity of the rights and remedies available to TCOMM - as well as the Respondent.

Such clauses may amend or expand the standard definitions and clauses contained within the “boilerplate” document – as contained within the RFP cover, so as to ensure the Respondent meets TCOMM’s requirements. Clauses pertaining to the following areas are typically included, and may be amended by State and local contract and/or acquisition law:

1. Insurance the Respondent must carry;

2. Liquidated damage provisions;

3. Bonding requirements;

4. Contract purchase order changes;

5. Contract administration;

6. Payment schedules;

7. General information in the event the purchase is financed (financial terms and conditions are best included as an attachment to the RFP and merely referenced herein); and

8. Others, as determined applicable, may be included in this section.

Supplemental Terms and Conditions for Software and Services

This part of the RFP is designed primarily for those contractual clauses that are directly related to the software licensing, license fees, maintenance and support, and clauses that are needed to define the following:

1. source code escrow agreement;

2. qualified personnel;

3. license rights;

4. warranty terms; and

5. others, as determined appropriate for software and services, may be included in this section

By submitting a proposal, the responding Respondent acknowledges that it has read RFP Number 2012-1, understands it, and agrees to be bound by its terms and conditions.

Upon submission of a proposal that modifies or alters any portion of this Section 6 not identified as “negotiable”, the Respondent’s proposal may, at the sole discretion of TCOMM, be deemed

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disqualified. In addition, any proposal taking exception to or limiting the rights of TCOMM as specified in RFP Number 2012-1 may, at the sole discretion of TCOMM, be disqualified.

5.2 ORDER OF PRECEDENCE – ENTIRETY OF CONTRACT

The terms and conditions of this Contract supersede any other oral or prior written understanding concerning the nature of this Contract.

The entire Contract consists of following documents:

a. The Terms and Conditions, the Statement of Services, all Attachments, and Exhibits.

b. This Request for Proposal (RFP) Number 2012-1 dated December 14, 2012 and any subsequent amendments thereto.

c. Handouts and other applicable documents as distributed during the Pre-Bid Conference (January 3, 2013) and as incorporated herein as Attachments.

d. Respondent’s Proposal to RFP dated _______________ and any clarifications/amendments submitted in response to requests by TCOMM.

If there are any inconsistencies or ambiguities in this Contract, the Contract shall be interpreted by the documents in the order of precedence referenced above.

5.3 GOVERNING LAW, JURISDICTION AND VENUE

This contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action at law, suit in equity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County (or County of jurisdiction), Washington.

5.4 PARTIES AND PURPOSE

The parties to this Contract are TCOMM and _________________________________ (hereafter “Respondent”). The purpose of this Contract is to provide goods and services related to TCOMM’s “NG9-1-1 System”, requested in TCOMM RFP Number 2012-1 as set forth below and in Respondent’s Response to the RFP.

5.4.1 INDEPENDENT RESPONDENT

The Respondent shall be an independent contractor of TCOMM in the performance of this Contract. The Respondent shall have the sole, absolute, and exclusive control of the manner and means of its performance under the terms of this Contract except as expressly set forth herein.

5.4.2 MULTI-RESPONDENT SOLUTIONS - JOINT PROPOSALS/JOINT

RESPONDENTS

TCOMM shall only accept multi-vendor (Respondents) solutions, (i.e. those that include software, hardware, LAN/WAN networks, licensing, and other related services to be supplied by multiple/varied entities) with the strict understanding that there must be a single “Prime Respondent” – hereinafter known as the “Prime Respondent”. The identified Prime Respondent

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must assume all aspects of responsibility for the submitted proposal, including – but not limited to, all hardware, software, implementation and project management services, legal, and financial responsibility for the total implementation, including the submitted Proposal - in its entirety. The Prime Respondent shall be the sole point of contract, including payment of any and all charges resulting from the selection and subsequent award of a contract for the Respondent’s Proposal; including, but not limited to, payment for the purchase of software, hardware, LAN/WAN, maintenance, support, licenses, and/or other related goods and services as are defined in the Respondent’s Proposal. Furthermore, the Prime Respondent shall assume full responsibility for the demonstration, construction (if required), delivery, installation, and acceptance testing of the proposed items supplied by its subcontractor(s). Multiple-Respondent Proposals must include one consolidated response with all Cost items included in the Respondent’s Cost Summary. Each proposed subcontractor used by the Prime Respondent shall be clearly identified within the Prime Respondent’s Proposal. Any failure to indicate the use, partnering, or other affiliation between multiple Respondents may constitute grounds for the Prime Respondent’s Proposal to be dropped from consideration. The Prime Respondent shall assume full responsibility for the products, services, performance, professionalism, and other deliverables and conduct of their affiliate Respondents (Respondents) in their Multiple-Respondent Proposal. The Prime Respondent must provide one combined response (Proposal), with the total Cost(s) reflective of all affiliated Respondents’ (Respondents’) goods, services, and/or other related charges, for each PSAP.

5.4.3 SUBCONTRACTING

The Respondent may enter into subcontract(s) under this Contract if the subcontractor agrees to be bound to Respondent in the same manner as Respondent is bound to TCOMM under this contract. The Respondent shall notify TCOMM of its intent to enter into each subcontract at least thirty (30) days prior to its final execution, the work to be subcontracted, and of the termination of each subcontract. TCOMM may approve or disapprove a subcontractor at any time.

Nothing contained in this Contract shall create any contractual relationship, whether 3rd party beneficiary or otherwise, between TCOMM and any subcontractors. The Respondent agrees to be as fully responsible to TCOMM for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Respondent.

The Respondent’s obligation to pay its subcontractors is an independent obligation from TCOMM’s obligation to make payment to the Respondent. As a result, TCOMM shall have no obligation to pay or to secure the payment of any moneys to any subcontractors.

5.4.4 ASSIGNMENT

The Respondent without the prior written consent of TCOMM thereof may assign no performance or payment for this Contract or any portion. Any attempt by the Respondent to make such assignment without the prior written consent of TCOMM shall be void and shall constitute a breach of this Contract.

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5.4.5 SIGNATURE AUTHORIZATION

TCOMM warrants that the person signing this Contract represents TCOMM and is duly authorized to enter into this Contract on behalf of TCOMM.

The Respondent warrants that the person signing this Contract is an Officer or duly authorized representative of the Company, empowered to act on behalf of the company in all matters of representation with regard to contractual commitments on behalf of the company, and therefore, is duly authorized to enter into this Contract on behalf of the Company.

5.4.6 FULL FORCE AND EFFECT

This Contract is of no force and effect until signed by all parties and all approvals are secured (“Execution”). Any commencement of performance prior to Contract execution shall be done at the Respondent’s own risk.

5.4.7 AMENDMENT

This Contract may be amended by mutual written consent of the parties. No alteration or variation of the terms of this Contract shall be valid or binding unless made in writing and signed by parties hereto, and no prior oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

5.4.8 WAIVER OF PROVISIONS

No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent to the breach shall be in writing and signed by an individual authorized on behalf of the party against whom such waiver or consent is sought to be enforced. No consent by either party to or waiver of a breach by the other, whether expressed or implied, shall constitute a consent to, waiver of, or excuse for any other breach or subsequent breach except as may be expressly provided in the written waiver or consent.

5.4.9 NOTICES IN GENERAL

Any notice, request, demand, consent, waiver, or other item required or permitted under this Contract or applicable law must be in writing and shall be deemed duly given or made only (a) if personally served upon the party intended to receive it, in which case it is effective when delivered; or (b) is sent by certified mail, return receipt requested, postage prepaid, addressed to the party at its address, as set forth below, in which case it is effective on receipt by any person residing at such address; or (c) is sent by Email to [email protected], with a copy sent on the same date by first class mail, postage prepaid, addressed to the party at its address, as set forth below, in which case it is effective as of the date of mailing.

TCOMM Name: _Thurston 9-1-1 Communications “TCOMM”___________________ Address: _2703 Pacific Av SE, Suite A__________________ _________Olympia, WA 98501_________________ Phone #: _(260) 704-2730_________________ Email: [email protected] Attn: _Tim Klotz___________________

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RESPONDENT Name: __________________ Address: _________________ ________________________ Phone #: ________________ FAX #: __________________ Attn: ____________________

A party may change its address for purposes of this Contract only by giving written notice to the other in the manner set forth herein.

5.4.10 INVALIDITY IN WHOLE OR IN PART/SEVERABILITY

If any provision of this Contract is held illegal, invalid, or unenforceable under any applicable rule or law, such invalidity shall not affect other provisions, which can be given effect without the invalid provisions, and to this end, such provision(s) is declared to be severable.

5.4.11 EXECUTION OF COUNTERPARTS

The parties shall deem the execution of a copy of the Contract hereto as having the same force and effect as though the parties so executing said copy had executed the original.

5.4.12 SECTION HEADINGS

The section headings contained herein are for convenience in reference and are not intended to define the scope of any provision of this Agreement.

5.5 TERM OF CONTRACT

The terms and conditions in this section apply to all documents associated with this Request For Proposals (RFPs), including – but not limited to, those listed below - except as specifically noted otherwise therein.

1. The Terms and Conditions, the Statement of Services, all Attachments, and Exhibits;

2. This Request for Proposal (RFP) Number 2012-1 dated December 14, 2012 and any subsequent amendments thereto;

3. Handouts and other applicable documents as distributed during the Pre-Bid Conference (January 3, 2013) and as incorporated herein as Attachments; and

Respondent’s Proposal to RFP dated _____________ and any clarifications/amendments submitted in response to requests by TCOMM.

5.5.1 ENTIRE AGREEMENT

This contract, including all addenda and subsequently issued change notices, comprises the entire agreement between TCOMM and the Respondent; and shall be governed by the laws of highest jurisdiction of the State of Washington, Thurston County Washington, and/or the municipalities in which TCOMM operates or provides service, which are incorporated herein by reference. The venue for legal action shall be in the court of legal jurisdiction for TCOMM in dispute.

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TCOMM reserves the right to reject Proposals that propose alternate or additional terms and conditions.

5.5.2 CONFLICT AND SEVERABILITY

Conflict: In the event of conflict between contract documents and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford TCOMM maximum benefits.

Severability: Any provision of this document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the document.

5.5.3 ANTITRUST

TCOMM maintains that, in actual practice, overcharges resulting from antitrust violations are borne by TCOMM (herein, TCOMM). Therefore, the Respondent hereby assigns to TCOMM any and all claims for such overcharges except overcharges which result from antitrust violations commencing after the price is established under this contract and which are not passed on to TCOMM under an escalation clause.

5.5.4 NONDISCRIMINATION

A. Employment: Acceptance of this contract binds the Respondent to the Terms and Conditions of Section 601, Title VI, Civil Rights Act of 1964, as may be amended: In that "No person in the United States shall, on the grounds of race, color, national origin, sex, or age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance." In addition, "No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Unless exempted by Presidential Executive Order #11246, as may be amended or replaced and applicable regulations thereunder, Respondent shall not discriminate against any employee or applicant for employment.

B. Contracting: The Respondent, its assignees, delegates, or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, religion, national origin, age, sex, marital status, veteran status, sexual orientation or the presence of any disability. Implementation of this provision shall be consistent with Initiative 200, Sect. 1 (effective 12/3/98).

5.5.5 WORKERS RIGHT TO KNOW

Recently passed "Right To Know" legislation required the Department of Labor and Industries to establish a program to make employers and employees more aware of the hazardous substances in their work environment. WAC 296-62-054 requires among other things that all manufacturers/distributors of hazardous substances, including any of the items listed on this RFP or Respondent Proposal, and subsequent award, must include with each delivery completed Material Safety Data Sheets (MSDS) for each hazardous material. Additionally, each container of hazardous material must be appropriately labeled with:

The identity of the hazardous material,

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Appropriate hazardous warnings, and

Name and address of the chemical manufacturer, importer, or other responsible party.

Labor and Industries may levy appropriate fines against Respondent for noncompliance and TCOMM may withhold payment pending receipt of a legible copy of the MSDS. It should be noted that OSHA Form 20 is not acceptable in lieu of this requirement, unless it is modified to include appropriate information relative to "carcinogenic ingredients" and "routes of entry" of the product(s) in question.

5.5.6 RIGHTS AND REMEDIES

In the event of any claim for default or breach of contract, no provision in this Contract or in the Respondent's Proposal shall be construed, expressly or by implication, as a waiver by TCOMM of any existing or future right and/or remedy available by law. Failure of TCOMM to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the Contract or by law, or the acceptance of (or payment for) materials, equipment or services, shall not release the Respondent from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of TCOMM to insist upon the strict performance of the Contract.

5.5.7 SAVE HARMLESS

To the fullest extent permitted by law, Respondent shall indemnify, defend, and save harmless TCOMM, and all officers and employees of TCOMM, from and against any and all claims for injuries or death, including claims by Respondent’s employees, or for damages arising out of, resulting from, or incident to Respondent’s performance or failure to perform the contract, or for patent, trademark, copyright, or franchise infringement arising from the purchase, installation, or use of goods and services ordered. Respondent’s obligation to indemnify, defend and save harmless shall not be eliminated or reduced by any alleged concurrent negligence of TCOMM, employees, and officers. Respondent waives its immunity to the extent required to indemnify, defend, and save harmless TCOMM, its officers, or employees.

5.5.8 INDEMNIFICATION AGAINST CLAIMS FROM INFRINGEMENT

The Respondent shall indemnify, defend, and save harmless TCOMM, and all officers and employees of TCOMM, from and against any and all responsibilities, suits, judgments, awards, costs, damages, claims, demands, actions, causes of action, expenses or liability of every nature threatened, brought against, sustained or incurred by any of them whether joint, several or individual which result or arise from or are in any way connected with or based upon:

1. A claim that any program, process, composition, writing, equipment, appliance or device or any trademark, service mark, logo, idea, combination of ideas or any other tangible, intangible, intellect or intellectual property whatsoever developed, provided or used by the Respondent in connection with performance under the Contract constitutes and infringement of any United States patent, copyright or trademark or is a trade secret of another; and/or

2. A claim by a person other than a party hereto arising from or alleging facts which constitute a violation or breach of any representation, warranty, or contract of Respondent.

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If the use of any element of the NG9-1-1 or the system is enjoined as a result of any such action or proceeding, the Respondent shall, either:

1. Procure for TCOMM the right to continue to use said element; or

2. Replace said element with a comparable element which is non-infringing or is not a trade secret; or

3. Modify said element so it becomes non-infringing or no longer is such a trade secret; or

4. Remove said element and pay to TCOMM any damages incurred by TCOMM as a result of the infringement.

5.5.9 SCOPE OF DEFENSE AND INDEMNITY

The Respondent’s defense and indemnity of TCOMM pursuant to Sections 6.2.7 and 6.2.8 shall include providing counsel acceptable to and selected by TCOMM from the time a claim is filed until and through the payment of any final settlement, judgment, costs or fees arising from the claim. Respondent shall be responsible for providing TCOMM defense hereunder regardless of the final outcome of any such claims.

5.5.10 PERSONAL LIABILITY

It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of TCOMM be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

5.5.11 INSURANCE

The Respondent shall acquire and maintain insurance coverage against such hazards and in such amounts as set forth in Sections 6.2.11.1 through 6.2.11.3 and shall defend, indemnify and hold TCOMM harmless. The insurance shall have a term of one (1) year to be renewed annually for the life of the Contract. The insurance shall be issued by companies rated A-minus or better by the AM Best Company, or meet the approval of TCOMM.

5.5.12 WORKERS’ COMPENSATION

The Respondent shall maintain workers’ compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to TCOMM under contract (i.e., Thurston County Risk Management Division). If this contract is over $50,000, then the Respondent shall also maintain Employees Liability Coverage with a limit of not less than $1 million.

5.5.13 COMMERCIAL GENERAL LIABILITY OR PUBLIC LIABILITY INSURANCE

If the Respondent has contact with the public arising out of scope of the Respondent’s services defined in this Contract, the Respondent shall maintain Commercial General Liability coverage for bodily injury, personal injury and property damage, subject to limits of not less than three million dollars ($3,000,000) per loss. The general aggregate limit shall apply separately to this Contract and be no less than three million dollars ($3,000,000).

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The Respondent will provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the Respondent will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage.

5.5.14 AUTOMOBILE INSURANCE

The Respondent shall maintain automobile liability insurance as follows:

______ The Respondent shall maintain Business Automobile Liability insurance with a limit of no less than one million dollars ($1,000,000) each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired and non-owned automobiles. –OR-

______ The Respondent shall maintain Automobile Liability insurance or equivalent form with a limit of not less than one hundred thousand dollars ($100,000) each accident combined Bodily Injury and Property Damage. The aggregate limit shall be at least three hundred thousand dollars ($300,000). If personal lines Auto Liability policy is used to meet this requirement, it must include a business rider and must cover each vehicle to be used in the performance of this Contract and the certificates of insurance must evidence these conditions have been met. If the Respondent will use non-owned vehicles in performance of this Contract, the coverage shall include owned, hired and non-owned automobiles. –OR-

_______ Not Applicable.

5.5.15 OTHER INSURANCE PROVISIONS

i. The Respondent’s liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering TCOMM, its elected and appointed officers, officials, employees and agents.

ii. Where such coverage is required, the Respondent’s Commercial General Liability insurance and Automobile Liability insurance shall include TCOMM, its officers, officials, employees and agents with respect to performance of services.

iii. Where such coverage is required, the Respondent’s Commercial General Liability insurance and Automobile Liability insurance shall contain no special limitations on the scope of protection afforded to TCOMM as additional insured.

iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to TCOMM, its officers, officials, employees or agents.

v. The Respondent’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

vi. The Respondent shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

vii. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification.

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viii. The Respondent shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies and endorsements expiring before completion of services shall be promptly replaced. If the contractor’s liability coverage is written as a claims made policy, then the contractor must evidence the purchase of an extended reporting period or “tail” coverage for a three year period after project completion.

5.5.16 VERIFICATION OF COVERAGE AND ACCEPTABILITY OF INSURERS

The Respondent shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A:7 with the exception that excess and umbrella coverage used to meet the requirements for the limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington.

i. The Respondent shall furnish TCOMM with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled, allowed to expire, or be materially reduced in coverage except on thirty (30) days prior to written notice to TCOMM. Any certificate or endorsement limiting or negotiating the insurer’s obligation to notify TCOMM of cancellation or changes shall be altered so as not to negate the intent of this provision. E.g. The words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be stricken from the standard ACORD form.

ii. The Respondent shall furnish TCOMM with evidence that the additional insured provision required above has been met. Acceptable forms of evidence are the endorsement pages of the policy showing TCOMM as an additional insured.

iii. Written notice of cancellation or change shall be mailed to TCOMM at the following address:

Attn: __Director______________________

Agency: _Thurston 9-1-1 Communications, “TCOMM”

Address: _2703 Pacific Av SE, Suite A

_______Olympia, WA 98501_____

_____________________________

iv. The Respondent or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request to Thurston County Risk Management Division.

5.5.17 PERFORMANCE BOND

The Respondent shall procure and maintain a Performance Bond, and it shall be one hundred percent (100%) of the total fixed price of the contract amount to cover any loss to TCOMM in the event of Respondent’s non-performance, or partial performance by the Respondent, its agents, and employees and any subcontractor, its agents, and employees. TCOMM shall be able

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to execute against the Performance Bond for any loss of operation resulting from downtime, system or machine errors or malfunctions, hardware or software problems or errors; or any error, breach, violation, or failure to perform under the Contract.

5.5.18 ERRORS AND OMISSIONS INSURANCE

The Respondent shall maintain professional liability Errors or Omissions Insurance with limits of not less than one million dollars ($1,000,000) to be in force and effect during the term of the Contract including any extension thereof and one year thereafter, incurring against the losses, damages, or expenses incurred by TCOMM as a result of the willful, or negligent acts, errors or omissions of the Respondent, its subcontractors, officers, employees or agents. Coverage must indemnify TCOMM for any loss of operation resulting from the NG9-1-1 system downtime during operational hours; system or machine error or malfunction; hardware or software problems or errors; or any error, breach, violation, or failure to perform under the Contract by the Respondent, its officers, employees, agents, subcontractors, or assigns, regardless of negligence or fault.

5.5.19 SUPERVISION AND COORDINATION

The Respondent shall:

1. Competently and efficiently supervise and direct the implementation and completion of all contract requirements specified herein;

2. Designate in its Proposal to TCOMM, a representative(s) with the authority to legally commit Respondent's firm. Furthermore, all communications given or received from the Respondent's representative shall be binding on the Respondent; and,

3. Promote and offer to Purchasers only those materials, equipment and/or services as stated herein and allowed for by contractual requirements.

Violation of these conditions will be grounds for contract termination.

5.5.20 CONFIDENTIALITY OF PARTIES

Respondent shall keep confidential all information and materials related to this Contract and shall not disclose any such information or materials to third parties unless approved in writing by TCOMM, required by court order, or otherwise specifically permitted by this Contract. Respondent shall identify all information and materials it considers proprietary or confidential. Upon request for disclosure of such information TCOMM shall immediately notify Respondent of the request and the identity of the requestor. Respondent shall within two (2) days notify TCOMM in writing which of the requested information and/or materials identified as proprietary or confidential TCOMM shall withhold from the requestor. Respondent shall defend, indemnify and hold harmless TCOMM, its Board, Board members, officers, and employees from any and all actions and liability arising as a result of or in connection with an attempt to require disclosure of information and/or materials specified by Respondent.

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5.5.21 ADVERTISING

TCOMM shall retain the sole and complete authority to advertise, provide press releases, and contact the media. Respondent shall not in any way contact the media or advertise without prior written approval of TCOMM.

5.5.22 SUBCONTRACTS/ASSIGNMENT

The Respondent shall assign the personnel identified in their proposal to this project. If TCOMM becomes dissatisfied with any Respondent or subcontractor personnel, TCOMM will notify the Respondent and the personnel shall be removed from the project within ten (10) days of the notice and replaced with personnel satisfactory to TCOMM. If any employee of the Respondent is unable to perform for any reason, the Respondent shall immediately provide substitute personnel acceptable to TCOMM. Staff not approved and staff caused to be removed by TCOMM, shall not be granted access to goods and services provided under this Contract. Respondent's noncompliance with this Section may be considered a material breach of this Contract.

The Respondent shall not subcontract or assign its obligations under this contract without the prior written consent of TCOMM. The Respondent shall be responsible to ensure that all requirements of the contract shall flow down to any and all subcontractors.

5.5.23 TAXES, FEES, PERMITS, AND LICENSES

Taxes: Where required by State and/or local statute or regulation, Respondent shall pay for and maintain in current status, all taxes necessary for contract performance. Unless otherwise indicated, the successful Respondent shall be required to collect and pay Washington State sales or use taxes on all applicable consumer services and materials provided, if applicable, and any such tax must be included in the Respondent’s proposed Cost. No charge by Respondent shall be made for Federal excise taxes, and TCOMM agrees to furnish Respondent with an exemption certificate where appropriate. Any and all applicable taxes incurred with the provision of materials and/or services associated with the award of this contract, or in fulfillment thereof, shall be the sole responsibility of the Respondent.

Fees/Licenses: Prior to Proposal opening the Respondent shall pay for and maintain in a current status, any licenses, fees, assessments, permit charges, and licenses, etc., which are necessary for contract performance. It is the Respondent's sole responsibility to monitor and determine any changes or the enactments of any subsequent regulations for said fees, assessments or charges, and to immediately comply with said changes or regulations during the entire term of this contract.

5.5.24 WARRANTIES

Product: Respondent warrants that all materials, equipment, and/or services provided under this contract shall be fit for the purpose(s) for which intended, for merchantability, and shall conform to the requirements and specifications herein. Acceptance of any service and inspection incidental thereto by TCOMM shall not alter or affect the obligations of the Respondent or the rights of TCOMM.

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Price: Respondent warrants that prices of materials, equipment, and services set forth herein do not exceed those charged by the Respondent to any other customer purchasing the same goods or services under similar conditions and in like or similar quantities.

Date Compliance: Respondent warrants fault free performance in the processing of date and date related data including, but not limited to calculation, comparing, and sequencing by all Equipment and Software provided pursuant to this Contract, individually and in combination, when used in accordance with the product documentation provided by the Respondent. Fault free performance shall include the manipulation of this data when dates are in the 20th or 21st centuries and shall be transparent to the user.

5.5.25 LIENS, CLAIMS AND ENCUMBRANCES

All materials, equipment or services shall be free of all liens, claims, or encumbrances of any kind and if TCOMM requests, a formal release of same shall be delivered to TCOMM.

5.5.26 DELIVERY

Time: Delivery must be made during normal work hours and within time frames proposed by Respondent herein and subsequently accepted by TCOMM. Failure to comply may subject Respondent to non-delivery assessment charges and/or liquidated damages as appropriate. TCOMM reserves the right to refuse shipment when delivered after normal working hours. Respondent shall verify TCOMM’s specific working hours and so instruct carrier(s) to deliver accordingly. The acceptance by TCOMM of late performance with or without objection or reservation by TCOMM shall not waive the right to claim damage for such breach, nor preclude TCOMM from pursuing any other remedy provided herein, including termination, nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Respondent.

Terms: Unless otherwise specified, all goods are to be shipped FOB Destination freight prepaid and included. Where specific authorization is granted to ship goods FOB shipping point, Respondent agrees to prepay all shipping charges, route as instructed or if instructions are not provided, route by cheapest common carrier. Each invoice for shipping charges shall contain the original or a copy of the freight bill indicating that the payment for shipping has been made. TCOMM reserves the right to refuse COD shipments.

Location: All deliveries are to be made to the applicable delivery location in accordance with Interstate Commerce Commission rules or as indicated in purchase order. When applicable, Respondent shall take necessary actions to safeguard items during inclement weather.

Unauthorized: In no case shall Respondent initiate performance prior to receipt of written, or verbal authorization with confirming written authorization, from authorized representatives of TCOMM. Expenses incurred otherwise shall be borne solely by the Respondent.

5.5.27 INSPECTION AND REJECTION

TCOMM inspection of all materials and equipment upon delivery is for the sole purpose of identification. Such inspection shall not be construed as final acceptance, or as acceptance of the materials or equipment, if materials or equipment does not conform to contractual requirements. If there are any apparent defects in the materials or equipment at the time of delivery, TCOMM

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will promptly notify the Respondent thereof. Without limiting any other rights, TCOMM at its option, may require the Respondent to:

1. Repair or replace, at Respondent's expense, any or all of the damaged goods, or

2. Refund the price of any or all of the damaged goods, or

3. Accept the return of any or all of the damaged goods.

5.5.28 TITLE AND RISK OF LOSS

Regardless of FOB point, Respondent agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery and acceptance. Such loss, injury or destruction shall not release Respondent from any obligation hereunder.

5.5.29 PERFORMANCE

Acceptance by TCOMM of unsatisfactory performance with or without objection or reservation shall not waive the right to claim damage for breach, or terminate the contract, nor constitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed by Respondent.

5.5.30 IDENTIFICATION

All invoices, packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written documents affecting this contract shall be identified by the applicable purchase order or field order number. Packing lists shall be enclosed with each shipment, indicating the contents therein.

5.5.31 CHARGES FOR HANDLING

No charges will be allowed for handling that includes but is not limited to packing, wrapping, bags, containers, or reels, unless otherwise stated herein.

5.5.32 INVOICING

Respondent shall provide an original and two (2) copies of invoices. Each invoice shall be submitted as required by the Contract and shall reference the Contract and field order or purchase order number, referenced to a specific deliverable as identified in the Contract. Invoices shall be properly annotated with applicable prompt payment discount(s).

5.5.33 PAYMENT

Payment will be made by TCOMM or political subdivision indicated on ordering document. Any Proposal that requires payment in less than thirty (30) calendar days need not be considered. Qualifying prompt payment discount will be considered in determining the apparent most responsible and responsive Proposal. Invoices will not be processed for payment nor will the period of cash discount commence until receipt of a properly completed invoice and until all invoiced items are received and satisfactory performance of Respondent has been attained. Payment will not be considered late if a check or warrant is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall fully compensate the Respondent for all risk, loss, damages or expense

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of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Respondent.

Payment for materials or equipment received or for services rendered shall be made by warrant issued from TCOMM and redeemable in U.S. dollars. Unless otherwise indicated, TCOMM sole responsibility shall be to issue this warrant. Any bank or transaction fees or similar costs associated with currency exchange procedures shall be fully assumed by the Respondent.

The Respondent is requested to submit a proposed milestone payment schedule for consideration by TCOMM as defined in Section 8 – COSTS, of this document. The submittal of a proposed payment schedule is not binding upon TCOMM; however, it shall be considered in determining the most responsive and responsible Respondent.

5.5.34 QUALITY STANDARDS

Product or service specifications herein are intended solely to clearly describe type and quality and not to be restrictive. Trade reference specifications describe the type product thus far found to best meet TCOMM functional requirements and provide the most economical use life under TCOMM use situations. So as not to misrepresent the requirements herein, brands other than those specified will therefore be considered on the basis of whether it is at least equal in quality/performance. Failure to submit with Proposal complete documentation sufficient to establish products bid as at least equal may be grounds for rejection. By submitting Proposal, Respondent expressly warrants product bid as at least equal in quality and performance. TCOMM acceptance of a product bid as an "equal" is conditioned on TCOMM inspection and testing after receipt. If, in the sole judgment of TCOMM, the item is determined not to be an equal, the Proposal may be rejected or the product returned at Respondent's expense and/or the contract canceled without any liability whatsoever to TCOMM. Any Proposal containing a brand that is not of equal quality, performance or use specified must be represented as an "alternate" and not as an "equal"; failure to do so shall be sufficient reason to consider the Proposal non-responsive.

5.5.35 SUPPLIER REGISTRATION

Prior to award of a contract, any unregistered Respondent may be required to complete a Supplier Registration Packet for placement on the State of Washington's/and TCOMM(s) supplier list.

5.5.36 CHANGES

No alteration in any of the terms, conditions, or contractual requirements herein shall be effective without the written consent of TCOMM as evidenced by issuance by TCOMM of a contract change notice.

5.5.37 ADDITIONS OR DELETIONS

TCOMM reserves the right to add or delete RFP items as determined to be in the best interest of TCOMM. Added items will be related to those on contract, and additions or deletions will not represent a significant increase or decrease in size or scope of the contract. Such additions or deletions will be by mutual agreement, will be at prices consistent with the original Proposal

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price margins, and will be evidenced by issuance of a written Contract change notice from TCOMM.

5.5.38 CONTRACT SUSPENSION

TCOMM may at any time and without cause, suspend the contract or any portion thereof, for a period of not more than thirty (30) calendar days, by written notice to the Respondent. Respondent shall resume performance within fifteen (15) calendar days of written notice from TCOMM.

5.5.39 BREACH, DEFAULT, TERMINATION

Breach: A breach of a term or condition of the contract shall mean any one or more of the following events: (1) Respondent fails to perform the services by the date required or by a later date as may be agreed to in a written amendment to the contract signed by TCOMM; (2) Respondent breaches any warranty or fails to perform or comply with any term or agreement in the contract; (3) Respondent makes any general assignment for the benefit of creditors; (4) in TCOMM’s sole opinion, Respondent becomes insolvent or in an unsound financial condition so as to endanger performance hereunder; (5) Respondent becomes the subject of any proceeding under any law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors; (6) any receiver, trustee, or similar official is appointed for Respondent or any of the Respondent’s property; (7) Respondent is determined to be in violation of federal, state, or local laws or regulations and that such determination, in TCOMM sole opinion renders the Respondent unable to perform any aspect of the contract.

Default: A Respondent may be declared in default for failing to perform a contractual requirement or for a material breach of any term or condition.

Termination for Convenience: TCOMM may terminate this contract, in whole or in part, at any time and for any reason by giving thirty (30) calendar days written termination notice to Respondent. Termination charges shall not apply unless they are subsequently agreed upon by both parties. Where termination charges are applicable, both parties agree to negotiate in good faith and to limit the extent of negotiations to valid documented expenses incurred by Respondent prior to date of termination. Should the parties not agree to a satisfactory settlement, the matter may be subjected to mediation and/or legal proceedings.

Termination for Breach and/or Default: Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the Respondent or of the Respondent’s suppliers or subcontractors, TCOMM shall be entitled, by written or oral notice, to cancel and/or terminate this contract in its entirety or in part for breach and/or for default of any of the terms herein and to have all other rights against Respondent by reason of the Respondent’s breach as provided by law.

Termination by Mutual Agreement: TCOMM or the Respondent may terminate this contract in whole or in part, at any time, by mutual agreement with thirty (30) calendar days written notice from one party to the other.

Sanctions: Any violations of the mandatory provisions of this contract shall be a material breach of contract for which the Respondent may be subject to a requirement of specific performance, or damages and sanctions provided by contract, or by applicable laws.

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5.5.40 OPPORTUNITY TO CURE DEFAULT

Events: In the event that Respondent fails to perform a contractual requirement or materially breaches any term or condition, TCOMM may issue a written or oral notice of default and provide a period of time in which Respondent shall have the opportunity to cure. Time allowed for cure shall not diminish or eliminate Respondent's liability for liquidated or other damages. TCOMM is not required to allow the Respondent to cure defects if the opportunity for cure is not feasible as determined solely by TCOMM. TCOMM may terminate the contract for nonperformance, breach or default without allowing the opportunity to cure by the Respondent.

Remedies: If the nonperformance, breach or default remains after Respondent has been provided the opportunity to cure, TCOMM may do one or more of the following:

1. Exercise any remedy provided by law.

2. Terminate this contract and any related contracts or portions thereof.

3. Impose liquidated damages.

4. Suspend Respondent from receiving future Invitations for Bid.

5.5.41 LEGAL FEES

The Respondent covenants and agrees that in the event suit is instituted by TCOMM for any nonperformance, breach or default on the part of the Respondent, and the Respondent is adjudged by a court of competent jurisdiction, they shall pay to TCOMM all costs, expenses expended or incurred by TCOMM in connection therewith, and reasonable attorney's fees.

5.5.42 FORCE MAJEURE

Definition: Except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences.

Notification: If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall be provided. The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this contract.

Rights Reserved: TCOMM reserves the right to cancel the contract and/or purchase materials, equipment or services from the best available source during the time of force majeure, and Respondent shall have no recourse against TCOMM.

5.5.43 ESTABLISHED BUSINESS

To be considered responsive, Respondent must, prior to commencing performance, or prior to that time if required by law or regulation, be an established business firm with all required licenses, bonding, facilities, equipment and trained personnel necessary to perform the work as

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specified in the RFP. All Respondents must have Federal Tax Identifier Number as required by IRS regulations and Uniform Business Identifier Number required by the State of Washington, Department of Revenue (800) 647-7706.

TCOMM reserves the right to require proof of said requirements including business references within ten (10) calendar days from the date of request.

5.6 SUPPLEMENTAL TERMS AND CONDITIONS FOR NG9-1-1 SOLUTION AND

SERVICES

5.6.1 SUPPLEMENT

The additional terms and conditions set forth herein shall supplement the General Terms and Conditions for Goods and Related Services. In the event of a conflict between this Supplement and the General Terms and Conditions, or any other document, the order of precedence shall be determined by TCOMM solicitation document(s).

5.6.2 RESTRICTIONS

TCOMM’s use of the product is restricted as follows:

a. The product granted herein is granted to TCOMM. Fees are based upon the number of Users – or as otherwise stipulated in the proposed service agreement, the number of Users may be increased at any time, subject to the restrictions on the maximum number of Users specified in the solicitation documents.

b. TCOMM shall not remove, obscure or alter Respondent’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the product.

5.6.3 SERVICES PROVIDED BY RESPONDENT

The Respondent shall provide TCOMM with implementation services as specified in a Statement of Work (“SOW”) executed by the parties. This Agreement in combination with each SOW individually comprises a separate and independent contractual obligation from any other SOW. A breach by Respondent under one SOW will not be considered a breach under any other SOW.

5.6.4 PAYMENT TERMS

The total Fee and the Support Service or Maintenance Fee (provided TCOMM subscribes or purchases such services) for the first year following the warrantee period shall be invoiced in accordance with the mutually-agreeable Payment Schedule defined during Contract negotiations. The Support Service or Maintenance Fee for subsequent contract years, if any, will be invoiced annually 60 days prior to the anniversary date beginning each subsequent year. Increases in Respondent’s Contract price for Support Services or Maintenance shall not exceed five percent (5%) per year following the first Contract year.

5.6.5 ACCEPTANCE

Acceptance testing is required for all Respondent supplied products and services unless provided otherwise in the solicitation documents or a Statement of Work. TCOMM may define such processes and procedures as may be necessary or proper, in its opinion and discretion, to ensure

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compliance with TCOMM specifications and Respondent’s technical representations. Acceptance of product or services may be controlled by amendment hereto, or additional terms as agreed by the parties. In the event acceptance of product or services is not described in additional contract documents, TCOMM shall have the obligation to notify Respondent, in writing and within a reasonable time following installation of any product or services deliverables described in the contract if it is not acceptable. The notice shall specify in reasonable detail the reason(s) a deliverable is unacceptable. Acceptance by TCOMM shall not be unreasonably withheld; but may be conditioned or delayed as required for installation and/or testing of product.

5.6.6 CLAIM OF CONTRACT SERVICE

Upon award the selected Respondent shall maintain the contract solely, exclusive of any transfer, acquisition, sale, purchase, bankruptcy, or other action, which shall cause the selected Respondent to transfer responsibility assigned by this contract. In any case prior to the completion of the Contract and/or Final Acceptance of the proposed system, wherein the original entity known as “Respondent” shall be assumed, purchased, cease to do business, be acquired by another company, or otherwise cease to retain its original Respondent identity or operation, the Respondent shall be refund to TCOMM all Costs for Services and Licensing Fees as identified within the original Respondent’s Proposal, and the Respondent shall be responsible for the source and licensing of a system of equal or greater functionality, which greater functionality shall be provided at no cost to TCOMM.

5.6.7 CONFIDENTIALITY

The Respondent shall employ security measures and standards, including encryption technologies, as may be necessary or proper, and as mutually agreed upon by TCOMM and Respondent during performance of this Agreement. Respondent and its agents, if any, shall not have access to any information except as required to perform Respondent’s obligations under this Contract.

5.6.8 QUALIFIED PERSONNEL

Each party shall provide sufficient, qualified, knowledgeable personnel capable of: (i) performing obligations set forth in this Agreement and each SOW; (ii) making timely decisions necessary to move the Services forward; (iii) participating in the project and assisting Respondent in rendering the Services; and (iv) facilitating development, testing and implementation of Respondent software, if applicable. Respondent warrants that qualified personnel will perform the services in a professional manner. As used in this Paragraph, “professional manner” means that the personnel performing the services will be of a skill and competence consistent with prevailing norms of company providers in the information technology industry.

5.6.9 TRANSPORTATION

Transportation of product shall be FOB Destination unless otherwise specified within this solicitation document or TCOMM purchase order.

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5.7 CONTRACT OVERSIGHT

Respondent's performance under this Contract shall be subject to the controls and requirements set forth in the following Sections.

5.7.1 Withholds

1. TCOMM shall have the right to withhold/retain a portion of payments, or delay payments to the Respondent, in whole or in part, if the Respondent fails to perform its obligations set forth in this Contract, or as stipulated in the mutually-agree Milestone Payment Schedule.

SECTION 6.0 - RESPONSE CONTENT AND FORMAT

6.1 INTRODUCTION

This section contains the instructions for responding to the RFP, and additional information and requirements pertaining to TCOMM’s procurement process. Respondents are advised to carefully read this section for directions to follow for submitting a proposal(s) for the scope elements of this RFP.

6.2 INQUIRIES

6.2.1 Duty to Examine

It is the responsibility of each Respondent to examine the entire RFP, seek clarification in writing, and check its Proposal for accuracy before submitting the Proposal. Lack of care in preparing a Proposal shall not be grounds for withdrawing the Proposal after the Proposal due date and time, nor shall it give rise to any Contract claim.

6.2.2 Waiver of Defects

TCOMM may waive any defects in any Proposal or in the submission process followed by a Respondent. But TCOMM will only do so if it believes that is in TCOMM’s interests and will not cause any material unfairness to other Respondents.

6.2.3 Respondent’s Contact

All questions regarding this Request for Proposal (RFP), including technical specifications, proposal process, etc., will be received in accordance with Section 1.8 – RFP Schedule and must be directed to TCOMM in accordance with Section 1.8 – RFP Schedule in electronic (MS WORD) format and Emailed to [email protected] No verbal questions will be accepted.

All contact regarding this RFP shall be directed to TCOMM as specified in Section 2.1 Contact Person. Respondents are strictly forbidden from contacting TCOMM, its employees, its affiliated/associated representatives or its supported agencies(s) regarding this project. Any violation of this restriction may be grounds for dismissal of any proposal from the Respondent.

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A summary of all questions asked and answers will be provided as an addendum to this document to all Respondent point of contacts in attendance and identified during the Mandatory Pre-Bid Conference, not later than the date(s) specified in Section 1.8 – RFP Schedule .

[TCOMM may wish to consider publishing updates to the RFP on secure or publicly accessible web page to alleviate the need to administer email/written notification and correspondence with multiple Respondents. The following language shall be modified to accommodate TCOMM’s decision regarding the RFP update notification process.]

Qualified Respondents will be notified via email of any subsequent updates or amendments to the RFP (as they are made available), however it SHALL be the SOLE responsibility of the Respondent to ensure its receipt of any available RFP updates prior to the date specified in Section 1.8 RFP Schedule or obtain the updates or amendments from the identified Internet web page, as listed below:]

http://www.tcomm911.org

6.2.4 Timelines

Any questions shall be submitted as soon as possible in accordance with the process identified in Section 1.8 – RFP Schedule. The last day allowable to submit questions will be in accordance with the dates(s) set forth in Section 1.8 RFP Schedule. Failure to do so may result in the question not being considered for a response and/or RFP Amendment.

6.2.5 No Right to Reply on Verbal Responses

Any question that results in changes to the RFP shall be answered solely through a written RFP Amendment. A Respondent may not rely on verbal responses to its questions.

6.2.6 RFP Amendments

The RFP shall only be modified by a RFP Amendment.

6.3 PROPOSAL PREPARATION

6.3.1 Proposal Format

Proposals shall be submitted using three ring binders and 8-1/2 X 11 inch white paper with approximately one-inch margins on all sides, using not smaller than Times New Roman 12 (or equivalent font) type, written in English only. The metric standard format most closely approximating the described standard 8-1/2 X 11 inch page size may also be used.

The Proposal shall be typed or in ink. Erasures, interlineations or other modifications in the Proposal shall be initialed in ink by the person signing the Proposal. Modifications shall not be permitted after Proposals have been opened, except as otherwise provided under applicable law.

6.3.2 Exceptions to Terms and Conditions

All exceptions included with the Proposal shall be submitted in a clearly identified and separate section of the Proposal (“EXCEPTIONS”) in which the Respondent clearly identifies the specific section(s) and paragraph(s) of the RFP, or other associated document, wherein the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any

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resulting Contract, unless such exception is specifically referenced by TCOMM in a written statement. The Respondent’s preprinted or standard terms will not be considered by TCOMM as a part of any resulting Contract.

6.3.3 Cost of Proposal Preparation

TCOMM will not reimburse any Respondent the cost of responding to this RFP.

6.3.4 Disclosure

6.3.4.1 Disclosure of Suspension

If the firm, business or person submitting this Proposal (Respondent) has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Respondent shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Proposal. The Respondent shall include a letter with its Proposal setting forth the name and address of the government unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided.

6.3.4.2 Disclosure of Current and Pending Action(s)

If the firm, business or person submitting this Proposal (Respondent), or any parent company, subsidiary, or other business unit of the parent company is currently involved, or pending involvement, in a court action, litigation, or other legal dispute; or otherwise involved in or aware of any pending cause for legal action (“ACTION”) against them, the Respondent shall fully explain, to the degree allowable by law applicable to the Action, the circumstances relating to the Action, in a clearly identified and separate section of the Proposal (“ACTION”). The Respondent shall include a letter with its Proposal setting forth the name and address of the court of legal jurisdiction or governing party or legal representative to which TCOMM may make inquiry as to the Action. The Respondent shall, if requested by TCOMM, provide legal authorization for the release of information pertinent to the evaluation of the Respondent’s responsibility and/or involvement in the Action, the potential impact on the Respondent’s qualification to submit and honor a Proposal, and their ability to perform upon selection and award of a Contract.

6.4 PROPOSAL SUBMISSION

6.4.1 Proposal Due Date and Submittal Location

This solicitation is open from December 14, 2012 through February 1, 2013. All responses, whether mailed or hand delivered, must be received by TCOMM (as indicated below), at the following address by 2:00PM, Pacific Standard Time, the 1st day of February 2013.

Thurston 9-1-1 Communications – “TCOMM”

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2703 Pacific Ave. SE, Suite A Olympia, WA 98501-2036 Attention: NG9-1-1 RFP Response to RFP No. 2012-1

Respondent MUST include the statement “TCOMM NG9-1-1 Telephony System RFP 2012-1” clearly and prominently upon their Proposal package! Any failure to do so may result in the inappropriate opening and subsequent disqualification from consideration, of the Respondent’s Proposal.

LATE RESPONSES WILL NOT BE ACCEPTED. POSTMARK DATE WILL NOT CONSTITUTE TIMELY DELIVERY. RESPONSES RECEIVED AFTER THE ABOVE SCHEDULED TIME FOR THE RECEIPT OF PROPOSALS WILL NOT BE CONSIDERED. RESPONDENTS ARE SOLELY RESPONSIBLE FOR ENSURING THE TIMELY RECEIPT OF THEIR PROPOSALS.

6.4.2 Sealed Envelope or Package

Each Proposal shall be submitted to the submittal location, as identified in Section 6.4.1 above, in a sealed envelope or package that identifies its contents as a Proposal and the RFP number to which it responds. The appropriate RFP number, firm name, “Technical Proposal" or "Cost Proposal" and date for receipt shall be plainly marked on the outside of the envelope or package. The Respondent may submit both, their Technical and their Cost Proposals in a single, clearly marked outer envelope or package – as long as the Technical Proposal and Cost Proposal are individually packaged and marked accordingly within the outer package, and all instructions for marking and delivery (as identified herein) are followed.

6.4.3 Proposal Copies

The original copy of the “Technical Proposal” and “Cost Proposal” should be clearly labeled as the "Original".

For the “Technical Proposal”, Respondents are to submit one (1) signed original; and one (1) CD/DVD, with the response in Adobe PDF format.

For the “Cost Proposal”, Respondents are to submit one (1) signed original; and one (1) CD/DVD, with the response in Adobe PDF format.

6.4.4 Public Record

Under applicable law, all Proposals submitted and opened are public records and shall be retained by TCOMM. Proposals shall be open to public inspection after Contract award, except for such Proposals deemed to be confidential by TCOMM. If a Respondent believes that information in its Proposal should remain confidential, it shall stamp as confidential that information and submit a statement with its Proposal detailing the reasons that information should not be disclosed. TCOMM shall make a determination on whether the stamped information is confidential pursuant to the applicable law, legal precedence established by the Respondent, or other determining factors as may be applicable.

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6.5 STATEMENT OF DESIRED PROPOSALS

TCOMM seeks to procure an industry standards-compliant NG9-1-1 CPE system from a qualified Respondent in an effort to support its desire to receive and process Next Generation 9-1-1 IP call data.

To achieve TCOMM’s goal of procuring a national standards compliant NG9-1-1 System solution, each Respondent must submit a complete and compliant proposal. Respondents may provide multiple, different, complete and separate NG9-1-1 System solution proposals; however, each separate solution must be clearly identified, marked, and submitted as identified herein, as a complete and separate NG9-1-1 System solution / response to this RFP. Respondent’s Proposal(s) must be submitted under the guidelines identified within this RFP. The Respondent shall provide its Proposal as two separate covers – the Technical Proposal, and the Cost Proposal – each clearly marked as to contents, and including the appropriate number of copies as identified within the aforementioned “Proposal Format”.

Again, Respondents may choose to submit multiple Proposals in response to this RFP; however, all submittals must include responses to the complete set of RFP requirements, and, each set of Proposals must be submitted under a separate cover, clearly marked and individually enumerated so as to differentiate each Proposal as a separate submission. In the case of multiple Proposal submissions by a single Respondent, exclusion of any one Proposal shall not exclude any other Proposal submittal by the same Respondent, except as required for exclusion of the Respondent at large for reasons as are identified herein (e.g.: The Respondent, and consequently all of the Respondent’s Proposals, may be removed from consideration for reasons of failure to act in a responsive and responsible manner, failure to negotiate, solicitation of information relative to another Respondent’s Proposal, direct contact with TCOMM, etc.).

6.6 INSTRUCTIONS TO RESPONDENTS

By submitting a Proposal, the Respondent acknowledges that it has read this RFP, understands it, and agrees to be bound by its requirements.

Once opened, Proposals cannot be altered, except as allowed by this RFP.

TCOMM may reject any Proposal if the Respondent takes exception to the terms and conditions of this RFP, fails to comply with the procedure for participating in the RFP process, or the Respondent’s Proposal fails to meet any requirement of this RFP. TCOMM may also reject any Proposal that it believes is not in its interests to accept and may decide not to do business with any of the Respondents responding to this RFP.

6.6.1 Proposal Contents

The Respondent is expected to provide TCOMM with information, evidence and demonstrations which will make possible the selection of the Respondent to be awarded the Contract in a manner which best serves the interests of TCOMM. At a minimum, proposals must be fully responsive and responsible to the specific requirements stated in this RFP. All proposed hardware, software, and service options must be included in the final delivered system unless specifically excluded by TCOMM. Each proposal must identify any requirement of this RFP the Respondent cannot satisfy. Proposals should be structured in the same order and letter/numbering format as the following sections.

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The Respondent shall provide their response in the following order:

Signed Transmittal Letter

Table of Contents

Section, Number, and Title

1 Executive Summary

2 Respondent Capabilities and Resumes

3 Management Plan

4 Respondent Response to Requirements

5 Technical Discussion beyond that contained in item 4 above

6 List of Exceptions, Alternatives and Options

7 Technical Literature and Specification Sheets (Optional)

8 Cost Proposal - Price detailed and total submitted

Each page of the proposal shall be numbered.

6.6.2 Transmittal Letter

Respondents shall submit a clear and concise cover letter, submitted on the Respondent’s business letterhead and containing the following information:

1. Name, address, telephone number and fax number of the business entity making the proposal.

2. Type of business entity (e.g., corporation, partnership, trust, association, subsidiary).

3. The names and addresses of the following must also be submitted, if applicable. If not applicable, state “not applicable" after the number on the transmittal letter.

a. If sole owner, provide name, address and telephone number of owner.

b. If the Respondent is a corporation, the officers, directors, and each owner, directly or indirectly, of any equity security or other ownership interest in the corporation. However, in the case of owners of publicly held equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to beneficially own five percent (5%) or more of the publicly held securities need be disclosed.

c. If the Respondent is a trust, the trustee and all persons entitled to receive income or benefit from the trust.

d. If the Respondent is an association, the members, officers, and directors.

e. If the Respondent is a subsidiary, the officers, directors, and stockholders of the parent company thereof. However, in the case of owners of publicly held equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to beneficially own five percent (5%) or more of the publicly held securities need be disclosed.

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f. If the Respondent is a partnership or joint venture, all of the general partners, limited partners, or joint venturers.

g. If the parent company, general partner, limited partner, or joint venturer of any Respondent is itself a corporation, trust, association, subsidiary, partnership or joint venture, then the disclosure of such information as necessary to determine ultimate ownership. However, in the case of owners of publicly held equity securities of publicly traded corporations, only the names and addresses of those known to the corporation to beneficially own five percent (5%) or more of the publicly held securities need be disclosed.

h. If the Respondent proposes to subcontract any substantial portion of the work to be performed, then all of the information required in Sections a and b above, and the functions to be performed by the subcontractor, shall be disclosed for the subcontractor, if known, as if it were itself a Respondent. If not known at time of proposal submission, this information is required as soon as a subcontractor is selected.

4. Federal Identification Number.

5. Name(s) and address(es) of person(s) legally authorized to contractually bind the potential Respondent.

6. The transmittal letter must be signed by a person identified in item 6, above, who is legally authorized to contractually bind the business entity. By signing the transmittal letter, the Respondent certifies to the following statements:

a. The Respondent is a legal business entity.

b. The Respondent (for the purpose of restricting competition) has made no attempt, and will make no attempt, to induce any other person or firm to submit or not to submit a proposal.

c. The costs in the Respondent response have been arrived at independently, without consultation, communication or agreement (for the purpose of restricting competition) on any matter relating to such costs with any other Respondent or competitor.

d. Confidentiality Statement

The Respondent must include the following statements in their transmittal letter:

I warrant my company and its employees will not disclose any documents, diagrams, and relative information made available to us by TCOMM for the purpose of responding to this RFP or in conjunction with any contract arising there from. I warrant that only those employees who are authorized and required to use such material will have access to them.

I further warrant that all materials provided by TCOMM will be returned promptly after use and that all copies or derivations of the materials will be physically and/or electronically destroyed. I will include with the returned materials, a letter attesting to the complete return of materials and documenting the destruction of copies and derivations. Failure to comply will subject this

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company to liability, both criminal and civil, including all damages to TCOMM and third parties. I authorize TCOMM to inspect and verify the above.

I further warrant that if my company is awarded the contract, it will not enter into any agreements or discussions with a third party concerning such materials prior to receiving written confirmation from TCOMM that such third party has an agreement with TCOMM similar in nature to this one.

e. Statement of Compliance

The Respondent certifies under the penalty of perjury under the laws of the State of Washington that the Respondent has, unless exempted, complied with the nondiscrimination program requirements of the State of Washington.

f. The Respondent agrees to comply with all Contract Terms and Conditions as contained in this RFP and as applicable for the NG9-1-1 System being proposed.

7. The Respondent can provide insurance/bond coverage as required by the Terms and Conditions of this RFP.

6.6.3 Table of Contents

A Table of Contents of the material included in the proposal shall follow the transmittal letter.

6.6.4 Executive Summary

This shall be a management overview discussion of the proposed system. This is intended to be high level in nature and address such general items of interest as system scope, a summary of the tasks to be performed, the risks associated with the effort, the hardware and software proposed, and other items that will allow the evaluation personnel to understand the primary elements of the proposal. No specific cost data is to be included.

6.6.5 Respondent Capabilities and Resumes

The Respondent is required to demonstrate corporate experience, financial capability, technical and/or manufacturing capability to support this contract.

6.6.6 Financial Viability

In order to determine Respondent's financial ability to perform under the contract, TCOMM requires the following financial information. (If not applicable, indicate “N/A” in that lettered/numbered section.)

1. Audited financial statements for the Respondent for the last three years (most recent and two prior fiscal years). If the Respondent is a subsidiary of another corporation, the financial statements of the Respondent, as well as the consolidated financial statements of the parent company, shall be submitted. If the Respondent is a parent corporation, parent-only financial statements, if available, and statements for the operating division that will perform these services shall be submitted. These statements shall be prepared in accordance with generally accepted accounting principles and must have been audited by a certified public accountant licensed to do business in the State in which the Respondent's principal place of business is located.

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2. If the Respondent is a subsidiary and will rely on the financial resources of the parent corporation to perform this Contract, the parent corporation must certify in writing the availability of its resources to the Respondent.

3. TCOMM reserves the right to require any additional information necessary to determine the financial integrity and responsibility of the Respondent.

4. TCOMM reserves the right to accept or reject the financial statements submitted and may request additional audited financial information. If, based upon the evaluation of each Respondent's financial documents, TCOMM determines it would be a financial risk to TCOMM to contract with a Respondent; TCOMM may reject the proposal.

6.6.7 Change of Financial Condition Viability

The Respondent agrees to notify in writing TCOMM of a material change in financial condition during the period prior to the award of any contract pursuant to the RFP at the time the change occurs or is first identified. Failure to notify TCOMM of a material change in financial condition may be sufficient grounds for rejecting the Respondent's proposal. Such conditions may include, but are not limited to, legal actions (current or pending), acquisitions, divestitures, etc.

6.6.8 Respondent Experience

The Respondent shall describe, in detail, qualifying experience including project management, systems development, implementation, operations and maintenance of systems, that demonstrates the Respondent's ability to meet the requirements of this RFP. In addition, the Respondent must submit no less than three, and no more than five, references with contact names, titles, addresses and telephone numbers of each organization. Each description of experience shall also include the following:

1. Name of the Respondent, type of services provided and size of Contract.

2. The term of the contract including effective dates.

3. Dates completed services to be provided and actual dates delivered.

4. Reason for contract termination/expiration, if contract is no longer in effect.

5. Two-year history of significant system changes requested by the client, including date of request, date of planned implementation, and date of actual implementation.

6. Names of the project manager, operations director, or other significant management and technical staff for the projects.

7. For the Project Development and Implementation Phases, the Respondent must provide the names and resumes of the proposed project manager and key management and technical staff proposed for this RFP.

8. For the Operations Phase (i.e., post-implementation, support, maintenance, etc.), the Respondent must provide the names and resumes of the proposed contract manager and key management and technical staff proposed for this RFP.

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6.6.9 Management Plan

This section shall detail the management plan for providing and installing a system meeting the requirements of this RFP. This shall include:

1. Proposed schedules by that each phase of the project will be accomplished.

2. Staff-loading charts by task and phase. This will specify the time allocated for on-site and off-site efforts.

3. A description of the proposed program methods - if significantly different from those contained in this RFP.

6.6.10 Respondent Response to Requirements

The Respondent shall describe its capability, capacity, and plans for meeting the Requirements described in Section 3.

A matrix shall be included that maps each specific requirement identified in this RFP against the Respondents proposed system and shall provide an indication of 1) Yes, 2) No, 3) Alternative, 4) Modification Required, or 5) Under Development. In cases where a single solution responds to multiple requirements, cross-referencing RFP numbers with an explanation will suffice.

The response for each of these items in the RFP shall include two issues, the first being an indication of how the Respondent meets the specific section by indicating:

1. Yes - The proposed system currently meets all the requirements of the section and is included in the proposed system, at the proposed cost.

2. No - The proposed system does not currently meet all of the requirements of the section, the identified functionality is not included in the proposed solution, and the Respondent does not anticipate development to address this requirement.

3. Alternate (Alt) - The proposed system meets the intent of the section but does not accomplish it in the same manner as it has been described. When using this answer the Respondent shall attach a separate response to each of the requirements, explaining in detail how their product meets the intent of the requirement.

4. Modification Required (MR) - The proposed system does not currently meet all the requirements of the section, but the Respondent will address the requirement through new development. When using this answer the Respondent is committing to deliver the function as a part of this project (i.e.: It is required for final acceptance). If the Respondent is charging TCOMM(s) for developing this functionality, the additional cost shall be clearly stated in a pricing proposal; otherwise it shall be assumed that all related costs are included in the proposed cost.

5. Under Development (UD) – The proposed system does not currently meet all of the requirements of this section. However, the required functionality is already being developed and will be delivered as part of this project prior to final acceptance. If the Respondent intends to charge additional fees for the required functionality, the cost for the function must be clearly stated in the pricing proposal.

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In the case of informational items, the response shall be the word "Understood" or "Acknowledged". If the Respondent takes exception to the informational item, the words “Acknowledged with Exception” shall be inserted and a reference to the exception provided.

The second issue in addressing the RFP requirement is a detailed response that explains the Respondent’s compliance with the requirement, which may further define the proposed solution, and may provide cross reference(s) to other sections or documents with page and paragraph numbers for further clarification. By this process, it is the intent of TCOMM, to receive a proposal that details the specific operation of each of the systems proposed, in great detail that is appropriately incorporated into the response format. Any additional information that the Respondent feels will provide important evaluation information on the performance of the system must be included in the proposal.

6.6.11 Technical Discussion

This section should be presented in as much detail as possible to describe the salient features of the proposal in terms of meeting the overall and specific requirements. At a minimum, it should cover the following:

1. A complete description of the proposed approach to TCOMM's requirements.

2. A detailed functional and technical description of the Respondent’s proposed system.

3. A block diagram or similar logical layout of the proposed system equipment and associated functionality. This shall include indication of all communications interfaces, specifically identifying those that must be provided by TCOMM.

4. A detailed list of proposed hardware and software.

5. A description of all responsibilities, facilities, or equipment anticipated to be assumed or provided by TCOMM.

6. A discussion of the Respondent’s assessment of the major technical and/or management risk areas of this project.

6.6.12 List of Exceptions, Alternatives, and Options

This section should describe any exceptions taken to any section of this RFP, any alternative items that the Respondent desired to submit, and a discussion of any options or cost-saving alternatives that the Respondent elects to submit.

6.6.13 Technical Literature, Brochures, or Other Data (Optional)

This section will contain materials provided by the Respondent to further explain or substantiate the materials in the previous sections. Once again, no specific cost data is to be contained in this section.

NOTICE TO RESPONDENT: No specific cost data is to be contained in this section. Any Cost information provided outside the Respondent’s “Cost Proposal” may be grounds for disqualification of the Proposal!

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6.6.14 Cost Proposal

This section of the Proposal shall include a complete, itemized price breakdown for each major component (equipment), services, and functional capability (software) contained within the Respondent’s Proposal and the Options and/or Alternative contained therein. The Proposal must provide price commitments for a period of six (6) months following the Proposal due date.

Any item that may be separately purchased (e.g.: monitors, memory expansion, disks, printers, user licenses, etc.) or has quantity restrictions (e.g.: the number of users or attachments) shall have the item price and each incremental price identified. The breakdown must identify costs by each system element. Optional or Alternative items shall be priced separately and not included in the total price. At a minimum, the following NG9-1-1 System component price breakdowns shall be provided:

1. CPU, Peripherals, printers, monitors.

2. Communication Interface Units.

3. Network Operating System and interface equipment

4. Site configuration, including installation, cabling and testing.

5. External equipment interfaces (other computers, etc.).

6. Maintenance and Warranty.

7. Separable Software components (i.e., interfaces, custom modules, etc).

8. Total Price for the proposed configuration, using RFP quantities where provided

9. Individual Options.

10. Alternative Functionality.

Respondents wishing to submit multiple Proposals (complete “Alternative Proposals”) must do so as separate submittals, in accordance with the guidelines outlined herein for submittal of a Proposal.

Proposal pricing shall include all proposed deliverables and shall include any initial "license" or delivery costs. The cost proposal shall identify recurring costs, if applicable.

All costs are to be provided for equipment delivered FOB at TCOMM.

Respondents shall include a proposed milestone payment schedule, including a detailed definition of the milestone payment criteria, which will include amounts for fixed payments and invoicing times for variable amounts (e.g. certification of completion of the defined milestones and/or delivery system components, hardware, or other significant modules).

The Respondent is advised that the ability of TCOMM to understand the proposal combined with the detail price breakdown for the products offered will be a major component of the evaluation criteria.

TCOMM intends to purchase the system and all components. In addition, pricing information for additional maintenance and support beyond the completion of installation and the warranty period shall be provided. The Respondent shall submit all Proposal information in the format provided in this RFP.

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SECTION 7.0 – COST

7.1 INTRODUCTION

Cost - while not the only factor, is a significant factor in deciding whether a proposal meets the immediate and long-term needs of TCOMM. The goal of this Cost evaluation is to develop a point assignment methodology that rewards the successful Respondent(s), while insuring that TCOMM is achieving the desired maximization of improved operational efficiencies at a competitive price. The following paragraphs describe the manner in which Respondents are to submit cost proposals for TCOMM’s consideration.

The Respondent shall provide their lowest all-inclusive fixed price, including all costs associated with the complete and final implementation of their proposed solution; to include all products, services, licensing, support, travel, expenses, and other anticipated costs. TCOMM will not accept invoicing for any hidden or undisclosed costs related to the successful completion of the requirements of this RFP, the delivery and/or implementation of the defined system, in the fulfillment of the services related thereto, or for any other unidentified Respondent costs.

As TCOMM cannot anticipate the full extent of the Respondent’s proposed solution, accommodations have been made in the Cost presentation form(s) that allow for the Respondent’s submission of any items not identified herein. Any such Costs must be listed as “Miscellaneous”, “Optional”, or “Other” – as most appropriately defined by the Respondent in the definition of the requirements necessary to satisfy their proposed solution.

It is incumbent upon the Respondent to provide any such additional Cost information, and to clearly define the applicability of the charge in fulfilling the requirements of the Respondent’s proposal.

Alternative solutions MUST be submitted as separate Proposals! TCOMM will NOT assume responsibility for determining the Respondent’s intention when providing alternative configurations/pricing within a single Proposal. Options will be considered, as applicable, and may be included in TCOMM’s cost evaluation criteria – if doing so does not adversely affect the comparison of like features and functionality of the Proposals under consideration.

NOTE TO RESPONDENTS: Respondents MUST provide separately identified Technical and Cost Proposals (as identified herein) for each proposed solution to be considered for award!

7.2 BASE NG9-1-1 SYSTEM AND SERVICES COSTS

The Respondent is required to provide the costs associated with their proposed NG9-1-1 System solution and related products and services.

Respondent shall provide the pricing information, in the following format. The Respondent may regenerate the format as necessary to meet the Cost presentation requirements of their Proposal. However, the Respondent must maintain the format, to include all column and row labels and definitions.

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7.2.1 NG-911 System Pricing Form

ITEM QTY UNIT PRICE

Applicable Tax

TOTAL PRICE

Annual Maintenance

Hardware Costs (Primary System)

Hardware Costs (Back-up System)

Hardware Cost (Report Server)

Hardware Costs (Workstations)

Interface Servers/Gateways (Hardware & Software)

Network (LAN, Cabling, Routers, O/S)

WAN Connectivity (to remote sites)

Software Cost (Servers OS, 3rd party)

Workstation Software Licenses (OS, 3rd party)

Ad hoc/ 3rd party report writing Software

Project Management

System Installation and Training

Annual Customer Support

Optional: (Define on a separate attachment)

Miscellaneous: (Define on a separate attachment)

Other: (Define on a separate attachment)

TOTAL

7.3 INTERFACE & IMPLEMENTATION PRICING

The Respondent shall provide the cost and annual maintenance for NG-911 System solution and interfaces as identified below. If the Respondent does not currently provide the identified interface, they should indicate as such and provide a cost and anticipated time for the development thereof. As TCOMM cannot anticipate the Respondent’s proposed configuration,

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the Respondent’s proposal shall reflect the anticipated cost for any additional interface(s) or third-party communication developments required to satisfy their proposed solution.

7.3.1 NG-911 System Interfaces

ITEM PRICE Annual

Maintenance

E911 (CAD)

TTY

Voice Logging

PBX Telephony (Admin Lines)

Time Synchronization

Radio System – PTT

ANI/ALI

Texting/IM/Photos/Video/Telematics/Etc. Optional: (Provide definition on a separate attachment)

Miscellaneous: (Provide definition on a separate attachment)

Other: (Provide definition on a separate attachment)

7.3.2 Project Management & Planning Description Cost

Services

Expenses (non-travel related)

Expense (travel-related)

Total Not to Exceed

7.3.3 NG-911 System Training & Documentation Description Cost

Services

Expenses (non-travel related)

Expense (travel-related)

Total Not to Exceed

7.3.4 Technical Training & Documentation Description Cost

Services

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Expenses (non-travel related)

Expense (travel-related)

Total Not to Exceed

7.3.5 Test Environment Description Cost

Services

Expenses (non-travel related)

Expense (travel-related)

Total Not to Exceed

7.3.6 Supported CPE Interfaces

In addition to the interfaces defined above, the Respondent shall provide a list of currently supported CPE Interfaces as a separate attachment; indicating the type and purpose of the supported interface, as well as current customers using the interface in a live environment.

7.4 TELECOMMUNICATIONS/NETWORKING COSTS

The Respondent shall provide a separate attachment that reflects the cost of goods and services required in fulfilling the requirements of their proposed communications and networking solution above and beyond the existing ESInet System.

7.5 WARRANTY

The Respondent shall provide a definition of the duration, start, and terms of their proposed Warranty for the proposed NG9-1-1 system and Interfaces. This submission must be clearly marked as to the nature and extent of the proposed Warranty – including any Terms and Conditions for the provision of Warranty Service; including access to services (i.e.: Toll-Free access, 24 x 7, on-site replacement, etc.).

7.6 SUPPORT

The Respondent shall provide a definition of the costs, levels, terms and conditions, hours and dates of service, and related expenses for their proposed NG9-1-1 system Support Programs and Interfces. This information shall be provided in a clear and concise method that enables TCOMM to readily determine the extent of the services offered and their related costs.

7.7 EXTENDED MAINTENANCE

In addition to the Annual Maintenance, Support, Licensing, and related fees defined within the Respondent’s Cost Proposal, TCOMM requires that the Respondent provide a separate attachment which clearly and concisely identifies the costs associated with a five (5) year support program for the proposed NG9-1-1 system and Interfaces, to begin at the end of the Warranty

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Period – reflecting the individual annual costs for the term of the proposed Extended Maintenance period.

7.8 COST SUBMISSION

The Respondent must provide its cost proposal in a separately sealed envelope as described in Section 7.0 – “Response Content And Format”, Respondent Proposal Format and Delivery. The cost proposal must include a submittal letter signed by an individual authorized to obligate the company to the cost proposal.

The Respondent must submit cost information in the format provided herein, or as requested where not provided. Cost shall include all functions, features, services, and solutions specified in this RFP or as otherwise defined by the Respondent in the development of their Proposal. The costs must be inclusive of all sales, use, value-added taxes, import duties, custom fees and other charges as applicable.

7.9 HOURLY RATES

The Respondent shall provide any applicable hourly rates associated with their Proposal, to include an estimate of the anticipated number of hours required to satisfy the services associated with the defined rate – based on the Respondent’s experience in the provision of like services for systems of equal size and function:

7.9.1 Proposed Hourly Rate Structure

ITEM Hourly Rate

Project Management

Training

Interface Development

Implementation/Networking

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7.10 ALTERNATE PRICING

The Respondent shall list any economies of scale available to TCOMM in the procurement of their proposed solution for the defined NG9-1-1 System procurement. The Respondent shall outline details of alternate procurement options such as leasing, financing, or any other creative financial models available for government procurement.

7.11 PROPOSED PAYMENT SCHEDULE

The Respondent shall provide a Proposed Payment Schedule, clearly titled as such, and included within the Cost Proposal deliverable. The Respondent’s Proposed Payment Schedule shall NOT be binding, however it shall be considered as a guideline for use during negotiations with the successful Respondent.

7.12 SALES TAX

The successful Respondent shall be required to collect and pay all applicable Washington State and local sales tax, if applicable, and any such tax must be included in the their proposed price.

SECTION 8.0 - PROPOSAL EVALUATION CRITERIA

8.1 INTRODUCTION

TCOMM, as identified within this RFP Number 2012-1, has adopted the following Proposal Evaluation Criteria as a means of providing a comprehensive methodology for the analysis and subsequent selection of the most responsive and responsible proposal(s) for consideration in the selection of a successful Respondent(s) and the award of a final contract.

8.2 TCOMM PROPOSAL EVALUATION COMMITTEE

TCOMM will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. To that end, a TCOMM Evaluation Committee – comprised of TCOMM-selected internal and external stakeholders and resources, will assist and represent TCOMM in the proposal evaluation and selection process. TCOMM will evaluate each proposal that is properly submitted and make a recommendation to the awarding authority.

8.3 OBJECTIVES

The objectives of this evaluation process are to select a Respondent(s) that can provide a system that meets TCOMM’s objectives as described within the RFP. Within this overall context, the specific objectives of the evaluation process are to:

1. Obtain the best combination of functions, features, services, solutions, and price;

2. Ensure a high level of quality user support services;

3. Secure a fair, workable contract(s);

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4. Secure a fiscally sound Contractor(s) with a demonstrated record of installing maintaining, and managing complex computer systems and networked systems; and

5. Ensure that the aims, purposes, and requirements of TCOMM will be met.

These objectives are implicit within the evaluation items and are not to be construed as separate criteria.

Every attempt has been made to identify, in advance, an evaluation methodology that accommodates the specific needs and considerations of TCOMM, while concurrently providing significant consideration to the requirements of potential Respondents. Value has been placed proportionally, as defined herein, upon those areas of consideration (i.e.: Cost, Proposed Project Team, Proposed Project Plan, Technical Compliance, Experience, etc.) that most significantly influence the selection decision. A degree of subjectivity has been allowed for TCOMM to accommodate concerns relative to their individual requirements/operations. Special consideration has been given to the Respondents’ ability to respond during personal interviews and product presentations/demonstrations – as requested by TCOMM.

8.4 DISCLOSURE OF PROPOSAL CONTENTS

TCOMM will seek to open the Proposals in a manner that avoids disclosing their contents. Additionally, TCOMM will seek to keep the contents of all Proposals confidential until the Contract is awarded. TCOMM will prepare a registry of Proposals containing the name and address of each Respondent. That registry will be open for public inspection after the Proposals are opened.

From the opening of the Proposals to the award of the Contract, everyone working on behalf of TCOMM to evaluate the Proposals will seek to limit access to information contained in the Proposals solely to those people with a need to know the information. They will also seek to keep this information away from other Respondents, and TCOMM will not be allowed to tell one Respondent about the contents of another Respondent's Proposal in order to gain a negotiating advantage.

Before the award of the Contract or cancellation of the RFP, any Respondent that seeks to gain access to the contents of another Respondent's Proposal may be disqualified from further consideration.

8.5 REJECTION OF PROPOSALS

TCOMM may reject any Proposal that is not in the required format, does not address all the requirements of this RFP, or that TCOMM believes is excessive in price or otherwise not in its interests to consider or to accept. In addition, TCOMM may cancel this RFP, reject all the Proposals, and seek to perform the Project through a new RFP or other means.

8.6 CLARIFICATIONS

During the evaluation process, TCOMM may request clarifications from any Respondent under active consideration and may give any Respondent the opportunity to correct defects in its Proposal - if doing so does not result in an unfair advantage for the Respondent.

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8.7 EVALUATION STEPS

8.7.1 Initial Review

TCOMM will review all Proposals for their format and completeness. TCOMM normally rejects any incomplete or incorrectly formatted Proposal, though they may waive any defects or allow a Respondent to submit a correction.

If a Proposal is not certified due to lateness, TCOMM will not open it or evaluate it for format or completeness.

TCOMM will forward all timely, complete, and properly formatted Proposals to its Evaluation Committee for further consideration and assessment.

8.7.2 Committee Review of the Proposals

TCOMM will evaluate and numerically score each Proposal that is forwarded to it. The evaluation will be according to the criteria contained in this Part of the RFP. An attachment to this RFP may further refine these criteria, and the committee has a right to break these criteria into components and weight any components of a criterion according to their perceived importance.

The committee may also have the Proposals or portions of them reviewed and evaluated by independent third parties with technical or professional experience that relates to the Project or to specific criteria in the evaluation process. The committee may also seek reviews of end users of the Project or the advice of external subject matter experts or other parties holding vested interest(s) or concerns in the Project. In seeking such reviews, evaluations, and/or advice, the committee will first decide, in writing, how to incorporate the results in the numerical scoring of the Proposals. The committee also may amend or reject any advice it receives from any third parties.

The evaluation will result in a point total being calculated for each Proposal. Those Respondents submitting the highest-rated Proposals may be scheduled for the next phase. The number of Proposals forwarded to the next phase will be within the committee’s discretion, but regardless of the number of Proposals selected for the next phase, they will always be the highest rated Proposals from this phase.

At any time during this phase, the committee may ask a Respondent to correct, revise, or clarify any portions of its Proposal - if doing so does not result in an unfair advantage for the Respondent.

TCOMM will document all major decisions in writing and make these a part of the Contract file along with the evaluation results for each Proposal considered.

8.7.3 Proposal Evaluation Criteria In the Proposal evaluation phase, the evaluation committee will rate the Proposals submitted in response to this RFP. The evaluation will be conducted by TCOMM in four phases, described below. A Proposal must meet the requirements of each phase to proceed to the next phase. The evaluation of Proposals by TCOMM will be conducted on the basis of the members of the evaluation committee arriving at a consensus. In addition to TCOMM personnel, the evaluation committee may include external consultants and advisors to TCOMM.

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The criteria to be used by the evaluation committee in the scoring of each eligible Proposal are as follows:

Technical Proposal (Rated Criteria)

50 percent points available

Oral Presentation References

10 percent points available 10 percent points available

Pricing 30 percent points available Total 100 percent of points available

Proposal Evaluation Phases The evaluation of the Proposals will be conducted by TCOMM as follows: Phase I will consist of a review by TCOMM to determine which Proposals comply with all of the Mandatory Requirements. Proposals that do not comply with all of the Mandatory Requirements may be disqualified. Phase II will consist of a scoring by the evaluation committee of each eligible Proposal on the basis of the rated criteria of the written Proposals. Those Proposals that meet or exceed the minimum score for each rated criterion which is indicated as having a minimum score will be eligible to proceed to the next stage of the evaluation. The Phase II scores for each Proposal will be ranked, and up to the five (5) highest ranking Proposals that reach or exceed the minimum score for each rated criterion will proceed to the next stage of the evaluation. The remainder of the Proposals will not be considered further. Phase III will consist of an oral presentation to the evaluation committee. Up to five (5) highest ranked Proposals from Stage II will be invited to the oral presentation. The purpose of the oral presentation will be to allow the Proposer to address the major elements of its Proposal, to obtain any required clarification, and to interact directly with key representatives of the Proposer’s team so as to validate and to make final adjustments, if required, to the Phase II evaluation results of the written Proposal. Proposer will not have the opportunity to modify their written Proposals or otherwise introduce new information during their oral presentation. Phase IV will consist of a scoring of References of the eligible Proposals. Up to three (3) highest ranked Proposals from Phase III oral presentations will be selected for reference checks which may include site visits. The remainder of the Proposals will not be considered further. Phase V will consist of a scoring of the Pricing of the eligible Proposals. This is divided into a 10% factor for project management and 20% for cost of ownership over a 5-year period. Higher scores will be given to Proposers where high quality resources are proposed to perform high quality work for well-defined deliverables and the corresponding rates are lower than marketplace rates. The cost of ownership 20% will be allocated based on total cost of owning the system for 5-years, including but not limited to hardware costs, software costs, warranty and ongoing maintenance costs.

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Final Selection - The totals from Phases II, III, IV and V will be added together to arrive at a final total score for each Proposal. The highest scored Proposal, representing best overall value to TCOMM, will be recommended for selection by the evaluation committee. The selected Proposer will be provided with an opportunity to conclude an arrangement with TCOMM. TCOMM makes no commitment of any kind, in law or procurement, to the selected Proposer until the Agreement has been executed between TCOMM and the selected Proposer. In the event that TCOMM and the selected Proposer are unable to conclude an arrangement within a reasonable period of time, TCOMM shall have the right to negotiate with the next highest scored Proposer or cancel the RFP in whole or in part.

8.7.4 Interviews, Presentations and Demonstrations

TCOMM will require top-ranking candidates to interview with TCOMM. Such interviews provide TCOMM an opportunity to test and probe the professionalism, qualifications, skills and work knowledge of the top-ranking Respondents.

Interviews will be scheduled at the discretion of TCOMM and will be held at the Thurston 9-1-1 Communications (TCOMM), 2703 Pacific Avenue SE, Suite A, Olympia, Washington 98501-2036 – or as otherwise specified to support the intended nature of the interview, presentation and/or interview. At Respondent’s own expense, the Respondent must make the proposed Project Manager, as well as any additional members of the proposed team that the Respondent would like to attend, available on-site within five working days following TCOMM’s notification.

TCOMM may record any interviews.

TCOMM will numerically rank the interviews and that ranking will be added to the Proposal’s qualitative score.

TCOMM may also decide not to let a contract under this RFP, if the committee determines that it is in the best interest of TCOMM not to award a contract.

8.7.5 Determination of a “Tie”

In the event of a TIE, the Respondents with the lowest total Not-To-Exceed Fixed Price (NTEFP) or the Proposal deemed to be in the best interest of TCOMM would be awarded the contract, if a contract is awarded.

Once the technical merits of a Proposal are considered, as described above, the costs of that Proposal will be considered. Also, before evaluating the technical merits of the Proposals, TCOMM may conduct an initial review of costs to determine if any Proposals should be rejected because of excessive cost. Additionally, the committee may reconsider the excessiveness of any Proposal’s cost at any time in the evaluation process.

8.7.6 Financial Ability

Part of the Proposal evaluation criteria is the qualifications of the Respondent, which includes as a component - the Respondent's financial ability to perform the Contract. This RFP may expressly require the submission of audited financial statements from all Respondents. However, if it does not make this an express requirement, TCOMM may still insist that a Respondent

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submit audited financial statements for the past three (3) years if the committee is concerned that a Respondent may not have the financial ability to carry out the Contract.

In evaluating a Respondent's financial ability, the weight the committee assigns, if any, to that financial ability will depend on whether the Respondent's financial position is adequate or inadequate. That is, if the Respondent's financial ability is adequate, the value assigned to the Respondent's relative financial ability in relation to other Respondents may or may not be significant, depending on the nature of the Project. But if TCOMM believes the Respondent's financial ability is not adequate, that decision will be a fatal one for the Respondent's Proposal, and the committee may reject the Proposal despite its other merits.

8.7.7 Determination of Responsibility

TCOMM may review the highest-ranking Respondents from the interview phase to ensure that they are responsible. The contract may not be awarded to a Respondent that is determined to be not responsible. TCOMM’s determination of an Respondent’s responsibility may include the following factors: the Respondent’s experience, the Respondent’s past conduct on previous contracts, the Respondent’s past performance on previous contracts, the Respondent’s management skill(s), the Respondent’s compatibility with TCOMM for which TCOMM has issued this RFP, and/or the Respondent’s ability to execute the contract properly.

8.7.8 Contract Negotiations

The final phase of the evaluation process may be contract negotiations. The selected Respondent(s) must negotiate in good faith.

It is entirely within the discretion of the committee whether to permit negotiations. A Respondent must not submit a Proposal assuming that there will be an opportunity to negotiate any aspect of the Proposal. The committee is free to limit negotiations to particular aspects of any Proposal, to limit the Respondents with whom the committee wants to negotiate, and to dispense with negotiations entirely.

Negotiations may be conducted with any Respondent who submits a competitive Proposal, but the committee may limit discussions to specific aspects of the RFP. Any clarifications, corrections, or negotiated revisions that may occur during the negotiations phase will be reduced to writing and incorporated in the RFP or the Respondent’s Proposal and /or contract, as appropriate. Any Respondent whose response continues to be competitive will be accorded fair and equal treatment with respect to any clarification, correction, or revision of the RFP that directly influences such competitive state, and will be given the opportunity to negotiate revisions to its Proposal based on an amendment to RFP.

However, should the evaluation process result in a top-ranked Proposal, TCOMM may limit negotiations to only that Respondent and not hold negotiations with any lower-ranking Respondent. If negotiations are unsuccessful with the top-ranked Respondent, TCOMM may then proceed to offer (in order) the opportunity to enter negotiations with remaining Respondents, according to rank, and negotiate with the next highest-ranking Respondent. Lower-ranking Respondents do not have a right to participate in negotiations conducted in such a manner.

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TCOMM may also elect to enter discussion/negotiations with all Respondents who have potential to be awarded the contract in a competitive range simultaneously and with a common date and time established for “Best And Final Offers” (BAFO).

If TCOMM decides to negotiate with all the remaining Respondents, or decides that negotiations with the top-ranked Respondent are not satisfactory and negotiates with one or more of the lower-ranking Respondents, the committee will then determine if an adjustment in the ranking of the remaining Respondents is appropriate based on the negotiations. The Contract award, if any, will then be based on the final ranking of Respondents, as adjusted.

Auction techniques that reveal one Respondent's price to another or disclose any other material information derived from competing Proposals are prohibited. Any oral modification of a Proposal will be reduced to writing by the Respondent as described below.

Following negotiations, the committee may set a date and time for the submission of best and final Proposals by the remaining Respondent(s) with which the committee conducted negotiations. If negotiations were limited and all changes were reduced to signed writings during negotiations, the committee need not require the submissions of best and final Proposals.

If best and final Proposals are required, they may be submitted only once; unless TCOMM makes a written determination that it is in the best interest of TCOMM to conduct additional negotiations. In such cases, TCOMM may require another submission of best and final Proposals. Otherwise, discussion of, or changes in, the best and final Proposals will not be allowed. If a Respondent does not submit a best and final Proposal, the Respondent's previous Proposal will be considered the Respondent's best and final Proposal.

8.7.9 Failure to Negotiate

If a Respondent fails to provide the necessary information for negotiations in a timely manner, or fails to negotiate in good faith, TCOMM may terminate negotiations with that Respondent and collect on the Respondent's Proposal bond - if a Proposal bond was required in order to respond to this RFP.

SECTION 9.0 - GLOSSARY OF TERMS

9.1 INTRODUCTION

The following definitions govern the meaning of the terms used within this Request For Proposal (RFP) and other related documents associated with this procurement:

Acceptance - shall mean successful completion of Delivery, Ready Testing, Application Testing, System Testing, Production Testing, Correction Testing, delivery of all system and user documentation, and issuance of a Final Notice of Acceptance by TCOMM.

Acceptance Period - shall mean the period that the system is in live operation and during which Respondent and TCOMM have successfully completed all acceptance testing criteria as defined within the RFP and as agreed to during negotiation, including all major components: system functionality and system performance, adequacy of configuration and response time tests as

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defined within the RFP. If TCOMM detects a failure, and a correction is made to the System then the Acceptance Period will start over at day one.

Acceptance - shall mean the successful completion of the NG9-1-1 system delivery, implementation, and training phases, CAD, RMS interface, message switches, and other interfaces, acceptance period, which includes the associated acceptance testing criteria and components including, provision of all system phase documentation as defined within the RFP. The final Acceptance of the System shall be determined solely by the issuance of a Final Notice of Acceptance by TCOMM

Adaptation - shall mean non-programming modification of applications using on-line architectural (user adaptation tools) support software, ad hoc report writer, and/or other user-controlled tools as provided by the Respondent to meet the requirements of the RFP or as otherwise defined by TCOMM.

Agency(s) – This is a context specific definition - An independent administrative or operational division (i.e.: Police, Fire, EMS, Sheriff, Public Utility, etc.). The words "Agency" and "Agency(s)" shall be terms used interchangeable - independently and collectively based in the context of the particular reference to represent: 1) Any serviced agency of TCOMM or TCOMM itself as defined within the RFP, 2) The collective group of agencies represented - by reference, as "TCOMM", or 3) The governing body through which the RFP is managed and directed.

Application Software - shall mean a set of software functions and features that automate the collection and processing of NG9-1-1 data and the functionality associated thereto as delivered to provide the requested system operations.

Application Software Module - shall be a subset of Application Software that performs as a logical functional unit of program. Application Software Modules being purchased are defined within this RFP and as identified with the Respondent’s Proposal.

Beta Tested - shall mean that the NG9-1-1 Application and associated interfaces have been tested and accepted at two or more customer sites before being provided to TCOMM.

Respondent – shall refer to any company, corporation, Respondent, or other entity providing a response to this RFP. The terms “Respondent”, “Vendor”, and “Proposer” may be used interchangeably throughout this and associated documents to indicate the status of a Respondent during the procurement process.

Customization - shall mean stand-alone software built specifically for this RFP, and any software changes, modifications, deletions and/or additions to the Respondent’s Application Software specification described in the Respondent’s proposed software.

Data - shall mean all results, technical information and materials developed and/or obtained in the performance of the services hereunder, including, but not limited to, all reports, surveys, plans, charts, recordings (video and/or audio), pictures, drawings, analyses, source and object code, graphic representations, computer programs and printouts, notes, memoranda and documents, whether finished or unfinished, which result from or are prepared in connection with the services performed hereunder.

Deliverables - shall mean the components described in Respondent’s proposed solution and as identified within this document. Such components shall include, but are not limited to, any and all hardware and software products, licenses, documentation, services, and/or other items

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provided by the Respondent that shall be delivered to, or used by, TCOMM pursuant to the satisfaction of the requirements of this RFP.

Delivery Date - Shall mean the mutually agreed upon date on which an application, hardware, interface, on-line architectural system, Ready Model, Delivery Systems, customization, or other items of equipment, including software deliverables, any files, and data bases, and all associated documentation, or other system components/modules are to be delivered to TCOMM. The elements of these system components/modules must be delivered, installed/implemented, and delivery acknowledged at TCOMM and proven to be in operating condition to establish a confirmed Delivery Date.

Delivery System - shall mean the software between the application layer and the hardware operating system. The Delivery System comprises, but is not limited to, the following software and standards: Subsystems, e.g. application service programs such as document routers which are used to add, delete, or revise the proposed Agency documents; Architecture (user adaptation tools); Data Base Managers; and Report Writers.

Documentation - shall mean, collectively, electronic medium, and/or the Manuals described within this RFP or as defined within the Respondent’s Proposal, and all revisions thereto.

External Interfaces - shall be batch or on-line communications or data transfers between Respondent applications, existing systems, and/or other non-Respondent applications as specified within the RFP and/or otherwise defined within the Respondent’s Proposal.

First Productive Use - shall mean the date on which live NG9-1-1 data and functional operations of TCOMM are first processed through the Respondent’s proposed system and applications, and used in the normal operation of TCOMM.

Functional Specifications – refer to “Specifications”.

Hardware - shall mean such hardware equipment, auxiliary devices, and cables and wires, which together comprise a complete, operational computer, network, or other system as defined herein.

Installation of Software (By Phase) - shall mean that Respondent has completed all design, coding and integrated testing for modules of each phase of their proposed solution and its associated components and interfaces, and has demonstrated to TCOMM that each function and feature is operational as defined within the RFP, operations manual, and/or as otherwise agreed upon.

Jurisdictions – The defined geographic area or districts within which an Agency or department may exercise its authority (i.e.: Agency, Municipal, and/or Fire Districts).

Modification - shall mean an operational, programming or other change, deviation or development of Respondent’s proposed NG-911 System solution, its programs or software, and/or interfaces or other hardware or software deliverables.

NCIC – shall refer to the Federal Bureau of Investigation’s (FBI) National Crime Information Center (NCIC).

NENA – shall refer to the National Emergency Number Association.

Next Generation 911 (NG9-1-1) – shall refer to the standards, definitions, and functionality identified within this RFP and as otherwise identified by Respondent’s expert knowledge to meet

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the national NG9-1-1 initiative aimed at updating 9-1-1 service infrastructure and improve public emergency communications services. The NG9-1-1 System solution defined herein is intended to support existing/legacy E9-1-1 functionality while also enabling TCOMM to receive and process text, images, video and data received by TCOMM from the citizens it serves. This RFP procurement also envisions additional types of emergency communications and data transfer which are further defined herein; however, TCOMM is reliant upon the Respondent to use its expert knowledge and understanding of all currently adopted national NG9-1-1 standards and technologies, as well as its thorough understanding of TCOMM’s intended purpose(s) and use(s) of the requested NG9-1-1 System to provide an E9-1-1 industry, National Emergency Number Association (NENA), US Department of Transportation (DOT), and other applicable standards compliant NG9-1-1 solution. (Section 10.0 Attachment A)

Non-OEM Hardware - shall mean products obtained by Respondent from various hardware manufacturers for the benefit of satisfying their proposed solution to TCOMM.

Original Equipment Manufacturer (OEM) Hardware and Manufacturer Supplied Software - shall mean products obtained by Respondent through a direct marketing agreement with other manufacturers.

Prime Respondent/Vendor – Is defined as is the company, business, dealer, distributor, merchant, or system integrator primarily responsible for provision of a RFP Proposal for goods and services (as provided by a group of Respondents) to meet the selection requirements and subsequent award of a contract from TCOMM. The Prime Respondent is solely responsible for fulfilling contractual obligations to TCOMM. The Prime Respondent shall assume responsibility for all services offered and products to be delivered as stated in its proposal whether or not its company, dealer, distributor, system integrator or subcontractor(s) are the manufacturer or producer of proposed goods or services. TCOMM considers the Prime Respondent to be the sole point of contact with regard to all contractual matters regarding the submitted Proposal and, as such, is responsible for the Proposal - in its entirety, and the agreement for performance - whether or not subcontractor(s) are employed or other vendors supply solution/Proposal components.

Proposer – shall refer to any company, corporation, Respondent, or other entity providing a Proposal response to this RFP. The terms “Respondent”, “Vendor”, and “Proposer” may be used interchangeably throughout this and associated documents to indicate the status of a Proposer during the procurement process.

Public Safety Answering Point (PSAP) – For the purpose of this document, the requesting entity – TCOMM, shall be the sole answering point represented with regard to this RFP procurement, acting on behalf of itself and the agencies it serves. Ref: CAD.

Ready - shall mean a working NG9-1-1 system with CAD and/or other identified system component interfaces that allow for the installation, testing and previewing, as defined in the Respondent’s detailed Project Design Document before customization and adaptation occurs.

Release - shall mean a redistribution of licensed Respondent application software available to TCOMM with the Respondent’s standard support program, which has been Beta tested and which provides an aggregation of updates, functional, operational and/or performance improvements; and minor enhancements within an existing version.

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Request For Proposal (RFP) - shall include all contract documents, including all documents attached to, made part of, or otherwise incorporated into this RFP, as well as revisions or modifications.

Respondent - shall refer to the collective and individual persons and/or entities providing a Response in association with this RFP. The terms “Respondent”, “Bidder”, “Vendor”, and “Proposer” may be used interchangeably throughout this RFP and any associated documents in reference to a Respondent submitting a Response(s) to this RFP and its associated procurement processes.

Response – shall refer to the collective and individual components of a Respondent’s submission(s) in response to this RFP. The terms “Response”, “Bid”, and “Proposal” may be used interchangeably throughout this RFP and any associated documents in reference to a Respondent’s submitted response(s) to this RFP and its associated procurement processes.

Software Deliverables - shall mean the latest release of applications, computer object code, source code, job streams, data base manager, files, data dictionaries, ready test data, Operation System, screen generator, report writer, forms generator, documentation and other associated deliverables as required to satisfy the requirements of the RFP. Customization and external interfaces shall be included within this definition of Software Deliverables once a contract has been awarded to the selected Respondent, and as determined within the RFP or as otherwise identified during contract negotiation. The Respondent’s proposed Software Deliverables shall include a Response Time Warranty that applies to all COTS deliverables, as well as to any customizations and/or external interfaces.

Specifications - shall mean the written functional, design and operational requirements and procedures for the defined NG-911 system, external interfaces, conversions, adaptations, and customization as is incorporated within this RFP and/or the Respondent’s Proposal.

Supervisor – Shift supervisor(s) or other personnel responsible for the oversight/operation of an Agency, division or department.

System - shall mean, collectively, the NG9-1-1 hardware and software, CAD and RMS interface applications, Message Switches, external interfaces, and other Respondent provided components as appropriate to satisfy the requirements of this RFP.

System Administrator – Person(s) authorized to configure and maintain the system level function(s) and operation of the proposed system.

Technology Platform - shall mean the Respondent’s NG9-1-1 Technology Platform, which includes the proposed RMS Interface, Local Area Network (LAN), and other system components as required satisfying the Specifications and functional/operational requirements of the RFP.

Third Party Application Software - shall mean Commercial Off The Shelf (COTS) software and other products obtained from sources other than as developed and provided by the Respondent.

Update - shall mean a package of Beta tested software corrections, fixes or revisions to common functional and performance issues available to TCOMM as provided in association with the Respondent’s standard Application Support Program.

User – Call taker, dispatcher, radio operator, data terminal operator, telecommunicator, or other general end user of the proposed system.

TCOMM NG9-1-1 CPE RFP

Friday, December 14, 2012 pg. 75

Vendor - shall refer to any company, corporation, or other entity providing a product or service in response to this RFP. The terms “Respondent”, “Vendor”, and “Proposer” may be used interchangeably throughout this and associated documents to indicate the status of a Respondent during the procurement process. (Re: Respondent)

Version - shall mean a release of software, specifically identified by a differentiation in the features or functionality provided by new code or new function. New Applications may be provided within versions of the Respondent's proposed application and/or systems software releases though the use of identified Version control.

SECTION 10.0 - Attachment A The system must be compliant with all currently approved NG9-1-1 Standards to include:

a. RFC 3261 – SIP b. RFC 5139 – Civic Location Format (i3 requirement) c. RFC 3863 – Presence Information Data Format Location (i3 requirement)

GML 3.30 – PiDFLO Format d. NENA 08-002v1 – Functional Interface Standards NG911 (i3) e. NENA 08-003v1 – Detailed Function and Interface Specs (i3) f. NENA 08-751v1 – i3 Requirements Long Term Definition g. NENA 75-001v1 – NG Security h. NENA 75-502v2 – NG9-1-1 Security (NG SEC) Checklist i. NENA 04-001v2 – E9-1-1 PSAP Equipment j. NENA 04-004v1 – PSAP Intelligent Workstation k. NENA 04-005v1 – ALI Query Service l. NENA 04-501v1 – Integrating Apps on Intelligent Workstation m. NENA 71-001v1 – Additional Data n. NENA 57-750v1 – NG911 System and PSAP Operational Features and Capabilities