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FORMAL COOPERATIVE PURCHASE AGREEMENT
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a) &LW\¶V,QV XUDQFHDQG,QGHPQLW\SURYLVLRQVDWWDFKHGDVExhibit C b) Vendor's Insurance Waiver attached as Exhibit E.
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Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 GSD-S Formal Cooperative Purchase Agt.(10-2023) -2-
c) Notwi
thstanding anything in Exhibits A and B to the contrary, this Agreement shall be governed by, and construed and enforced in accordance with , the laws of the State of California, excluding however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
d) All other provisions in the Original Government Contract are fully binding on the parties and will represent the agreement between the City and the Vendor. [Signat
ures follow on the next page.]
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 -3-
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales
Purchasing Manager
No signature of City Attorney r
equired.
Standard Document # GSD-S Formal
Cooperative Purchase Agt. (10-2023)
has been used without modification, as
certified by the undersigned.
By:
Sandra Gamez
Procurement Supervisor
Date
ATTEST:
TODD STERMER,
MMC
City Clerk
B
y:
Deputy
Addresses:
CITY
City of Fresno
Attention: Sandra Gamez
2101 G Street, Bldg. A
Fresno, CA 93706
Phone: (559) 621-1169
E-ma
il: [email protected]
FAX: (559) 457-1265
TAIT NORTH AMERICA, INC., a Texas
Corporation (Tait
Communications)
By:
Name:
Title:
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Vendor:
Tait North America, Inc.,
Attention: Legal Department
1315 W Sam H
ouston Parkway N, Suite 140
Houston, TX 77043
Phone: (707) 955-6280
E-mail:
[email protected]
Attachments:
Exhibit A - Invitation For Bids
Exhibit B - Original Government Contract
Exhibit C - City's insurance and Indemnity
Exhibit D - Summary Overview
Exhibit E - Insurance Waiver
GSD-S Formal Cooperative Purchase Agt.(10-2023)
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 4/23/2025
President, Tait Americas
Kevin W Sumrell
Secretary and Treasurer, Tait Americas
4/23/2025
Bryan Kenski
EXHIBIT A
Invitation for Bids
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 1 (Rev 2020-02-24)
COMPETITIVE SOLICITATION – NO. 00318
COOPERATIVE PURCHASING MASTER AGREEMENT
FOR
PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS
I
NTRODUCTION
The Washington State Department of Enterprise Services (Enterprise Services) is issuing this Competitive Solicitation pursuant to RCW chapter 39.26. Pursuant to this Competitive Solicitation, Enterprise Services intends to conduct a competitive procurement to establish and award nationwide Cooperative Purchasing Master Agreements for eligible purchasers to purchase Public Safety Communication Products, Services and Solutions (“Public Safety Radio”) . The Cooperative Purchasing Master Agreements will be awarded as set forth in this Competitive Solicitation.
Cooperative Purchasing Agreement : Pursuant to RCW 39.26.060, Enterprise Services is authorized to participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any goods or services with one or more states, state agencies, local governments, local government agencies, federal agencies, or tribes located in Washington, in ac cordance with an agreement entered into between the participants. Enterprise Services, pursuant to an agreement with NASPO ValuePoint Cooperative Purchasing Program, is serving as ‘Lead State’ in conducting the competitive procurement and resulting Cooperative Purchasing Master Agreement for Public Safety Radio. Enterprise Services intends to use the solici tation to establish Cooperative Purchasing Master Agreements with qualified Bidders to provide Public Safety Radio for Washington State and all NASPO ValuePoint Participating States and authorized Participating Entities.
NASPO ValuePoint.
NASPO ValuePoint is a cooperative purchasing program of all 50 states, the District of Columbia and the territories of the United States. The Program is facilitated by the NASPO Cooperative Purchasing Organization LLC, a nonprofit subsidiary of the National Association of State Procurement Officials (NASPO), doing business as NASPO ValuePoint. NASPO is a non -profit association dedicated to strengthening the procurement community through education, research, and communication. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia and the territories of the United States. NASPO ValuePoint facilitates administration of the cooperative group- contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. For more information consult the following websites : www.naspovaluepoint.org and www.naspo.org.
Participating Entities. Th e resulting Cooperative Purchasing Master Agreement(s) from this solicitation will be available for use by the State of Washington and any NASPO ValuePoint cooperative purchasing member – i.e., any state, the District of Columbia, or territory of the United States (collectively “State”).
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 2 (Rev 2020-02-24)
Participation shall be through a Participation Addendum to participate in the Cooperative Purchasing Master Agreement(s); Provided, however, that such Participating Addendum must be executed by the chief procurement official for the applicable State which may authorize local participation in accordance with applicable State law; and Provided further , that such Participating Addendum shall not change the terms and conditions set forth in the Cooperative Purchasing Master Agreement(s). Any State that executes such Participating Addendum is a ‘Participating State,’ and its authorized participants (purchasers) are ‘Purchasing Entities.’ Some local governments, political subdivisions, and other authorized entities under the applicable state may be permitted by the chief procurement official to execute a Participating Addendum and also become a Participating Entity.
PARTICIPATING STATES. In addition to Washington, the Lead State conducting this Competitive Solicitation, the following Participating States have requested to be named in this Competitive Solicitation as potential users of the resulting Cooperative Purchasing Master Agreement(s):
Alaska Maryland Utah
California Montana Vermont
Colorado New Mexico Wisconsin
Florida Oklahoma
Hawaii Oregon
Illinois South Dakota
Other States may choose to execute a Participating Addendum, as set forth herein, after award of the Cooperative Purchasing Master Agreement(s).
Some States may have included additional special or unique state terms and conditions that will govern their Participating Addendum. These terms and conditions are being provided as a courtesy to Bidders to indicate which additional terms and conditions may be incorporated into the Participating Addendum of such states after award of the Cooperative Purchasing Master Agreement(s). The Lead State will not address questions or concerns or negotiate other States’ terms and conditions. The Participating States shall negotiate these terms and conditions directly with the awarded Bidder . Awarded Bidders have no obligation to agree to any substantive terms and conditions set forth in a Participating Addendum that have not been set forth in this Competitive Solicitation.
The form of the Participating Addendum for the State of Washington as well as the Participating Addendum template(s) or Special Terms and Conditions for other Participating or Purchasing Entities is attached as exhibits:
Exhibit E-1 Participating Addendum – State of Washington (Lead State) Exhibit E-2 Participating Addendum – State of Oregon Exhibit E-3 Terms and Conditions – State of Vermont
Exhibit E-4 Terms and Conditions – State of New Mexico Exhibit E-5 Terms and Conditions – State of Montana
Exhibit E-6 Terms and Conditions – State of Hawaii
Exhibit E-7 Terms and Conditions – State of Utah
Exhibit E-8 Terms and Conditions – State of California Exhibit E-9 Terms and Conditions – State of Illinois
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 3 (Rev 2020-02-24)
Exhibit E-10 Participating Addendum – State of Wisconsin Exhibit E-11 Terms and Conditions – State of Maryland Exhibit E-12 Terms and Conditions – State of Alaska
This Competitive Solicitation is divided into six (6) sections:
Section 1 provides a summary table o f relevant deadlines for responding to the Competitive Solicitation and identifies contact information for Enterprise Services’ Procurement Coordinator Section 2 provides important information about the procurement th at is designed to help interested Bidder’s evaluate the potential opportunity, including the purpose of the procurement and the Cooperative Purchasing Master Agreement, the form of the resulting the Cooperative Purchasing Master Agreement, and potential contract sales. Section 3 identifies how Enterprise Services will evaluate the bids. Section 4 identifies how to prepare and submit a bid for this Competitive S olicitation, including detailed instructions regarding what to submit and how to submit your bid. Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this Competitive Solicitation. Section 6 provides information pertaining to doing business wi th the State of Washington.
In addition, this Competitive Solicitation includes the following Exhibits:
Exhibit A – Required Bidder Information: These exhibits identify information that Bidders must provide to Enterprise Services to constitute a responsive bid. See Section 4, below. o Exhibit A- 1 – Bidder Certification
o Exhibit A-2 – Bidder Profile
Exhibit B – Technical/Performance Requirements: This exhibit outlines the required specifications/qualifications for the Public Safety Radio that is/are the subject of this Competitive Solicitation.
o Exhibit B-1 M andatory Technical Requirements
o Exhibit B-2 System Solutions Narratives
o Exhibit B-3 Experience, Qualifications, Certifications, and Services o Exhibit B-4 References
Exhibit C – Bid Price: This exhibit provides the pricing information that Bidders will complete as part of their bid and the price evaluation tool that Enterprise Services will use to evaluate and compare bids.
Exhibit D – Cooperative Purchasing Master Agreement: This exhibit is a draft of the C ooperative Purchasing Master Agreement that any successful Bidder will execute with Enterprise Services. Exhibit D -1 C ooperative Purchasing Master Agreement Issues List. This exhibit provides a template for submitting any issues/concerns with the Cooperative Purchasing Master Agreement attached as Exhibit D.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 4 (Rev 2020-02-24)
Exhibit E – Historical Sales and Other State Information . This exhibit provides other states historical sales and unique terms & conditions that are negotiated with that state as a part of the Participating Addendum process.
SECTION 1 – DEADLINES, QUESTIONS, PROCUREMENT COORDINATOR, AND MODIFICATION
This section identifies important deadlines for this Competitive Solicitation and where to direct questions regarding the Competitive Solicitation.
1.1. C
OMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:
COMPETITIVE SOLICITATION DEADLINES
ITEM DATE
Competitive Solicitation Posting Date: November 16, 2020 Pre-Bid Conference Date and
Instructions:
December 2, 2020
https://www.eventbrite.com/e/public-
safety-communications-pre-bid-conferences-
tickets-127043742253
1) Pre-Bid Conference registration is open
from November 16-23, 2020.
2) All Pre-Bid Conference attendees must
register using the link above.
3) A total of five (5) attendees from each
company may register.
4) All attendees from each company must
register individually.
5) One (1) week prior to the Pre-Bid
Conference, all registered attendees will
receive a link and instructions for
attendance.
6) The Pre-Bid Conference will be
recorded.
Question & Answer Period: November 16 – January 15, 2021 Deadline for submitting Bids: January 25, 2021
Bid Evaluation: February 1 – February 26, 2021
Anticipated Announcement of
Apparent Successful Bidders (s): March 10, 2021
Anticipated Award of Cooperative
Purchasing Master Agreement(s): March 19, 2021
Cooperative Purchasing Master
Agreement Negotiations: March 22, 2021 through May 31, 2021 Cooperative Purchasing Master
Agreement Start Date: July 1, 2021
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 5 (Rev 2020-02-24)
The solicitation (and award of the Cooperative Purchasing Master Agreement s) is subject to complaints, debriefs, and protests, which may impact the dates set forth above.
1.2. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation must be directed to the following Procurement Coordinator:
Procurement Coordinator
Name: Neva Peckham
Telephone: 360-407-2218
Email: [email protected]
Questions raised at the pre -bid conference and during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solutions (WEBS).
1.3. COMPLAINTS, DEBRIEFS, & PROTESTS. The Competitive Solicitation (and award of any Cooperative Purchasing Master Agreement) is subject to complaints, debriefs, and protests as explained i n Section 5, which may impact the dates set forth above.
1.4. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. Enterprise Services reserves the right to amend and modify this Competitive Solicitation. Only Bidders who have properly registered and downloaded the original Competitive Solicitation directly via Washington’s Electronic Business Solutions (WEBS) will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Bidders must be registered in WEBS to be awarded a Cooperative Purchasing Master Agreement. Visit WEBS to register.
SECTION 2 – INFORMATION ABOUT THE PROCUREMENT
This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.
2.1. PURPOSE OF THE PROCUREMENT – AWARD COOPERATIVE PURCHASING MASTER AGREEMENTS. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and , as appropriate, award nationwide Cooperative Purchasing Master Agreements for Public Safety Radio.
Enterprise Services intends to award Cooperative Purchasing Master Agreement(s) to Manufacturers by category/sub-category. Bidders may choose to submit a bid to any or all of the categories/sub-categories. The Categories and Allowable Awards are as follows:
CATEGORY ALLOWABLE AWARD
1. Radio (P-25)* Manufacturers**
2. Conventional Analog Portable (Non-P25) Manufacturers
3. Vehicular Repeater Systems (VRS) P25 Manufacturers
4. Dispatch Consoles Manufacturers
5. Microwave Radio Manufacturers
6. Interoperability Gateway Devices Manufacturers
7. Power Supply Products & Solutions Authorized Resellers*** Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 6 (Rev 2020-02-24)
8. Test Equipment Manufacturers
9. Monitoring & Alarm Equipment Manufacturers
10. Furniture, Dispatch Console Manufacturers
11. Equipment Shelters Manufacturers
12. Towers Manufacturers
*Enterprise Services intends to award Cooperative Purchasing Master Agreement(s) for Radio System Solutions to qualifying Radio Manufacturers. Radio Manufacturers awarded the Base Station Repeater (Sub-Category 1.7) and Dispatch Console (Category 4) are considered qualifying Manufacturer and may have the opportunity to offer a complete (turnkey) radio system solution.
System solution may include a system upgrade or a new system. System solution Bidders will be responsible for all components of a solution.
**For purposes of this Cooperative Purchasing Master Agreement, Manufacturer is defined as a company that, as one of its primary functions, designs, assembles, owns the trademark/patent and markets branded products.
***Enterprise Services intends to award Cooperative Purchasing Master Agreements to authorized resellers by category/sub-category in Category 7 Power Supply Products and Solutions.
Authorized resellers of power system products may choose to submit a bid for any or all of the categories/sub-categories. System solution providers will be responsible for all components of the solution. Authorized resellers may choose to respond to any or all categories/sub-categories in Category 7.
2.2. C
OOPERATIVE PURCHASING MASTER AGREEMENT. The form of the Cooperative Purchasing Master Agreement that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Cooperative Purchasing Master Agreement.
2.3. CONTRACT TERM. As set forth in the attached Cooperative Purchasing Master Agreement for this Competitive Solicitation, the contract term is sixty (60) months. Bidders are to specify prices for the contract term. Cooperative Purchasing Master Agreements are subject to earlier termination.
2.4. ESTIMATED SALES. For prior Cooperative Purchasing Master Agreements, historical sales from 2012 - 2019 totaled approximately $899,401,791 for public safety radio among all eligible Purchasers.
See Exhibit E Historical Sales for additional detail b y Vendor and State.
2.5. WASHINGTON STATE PROCUREMENT PRIORITY & PREFERENCE. Enterprise Services will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.9, will impact the evaluation of bids for this Competitive Solicitation:
Executive Order 18-03: 50 points
SECTION 3 – BID EVALUATION
This section identifies how Enterprise Services will evaluate bids for this Competitive Solicitation.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 7 (Rev 2020-02-24)
3.1 OVERVIEW. Enterprise Services will evaluate bids for this Competitive Solicitation as described below.
Bidder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein. Any Bidder whose bid is determined to be non -responsive will be rejected and will be notified of the reasons for this rejection.
Enterprise Services reserves the right to: (1) Waive any informality; (2) Reject any or all bids, or portions thereof; (3) Accept any portion of the items bid unless the Bidder stipulates all or nothing in their bid; (4) Request clarification of any bid; (5) Cancel the Competitive Solicitation and re -solicit bids; and/or ( 6) Negotiate with the lowest responsive and responsible Bidder(s) to determine if such bid can be improved.
Enterprise Services will use the following process and evaluation criteria for an award of a Cooperative Purchasing Master Agreement:
STEP ITEM POINTS
Products Solutions
1 Responsiveness Pass/Fail Pass/Fail
2 Exhibit B-1 Mandatory Technical Requirements
(per category/sub-category) Pass/Fail N/A
3 Exhibit B-2 System Solutions Narratives N/A 250
4 Exhibit B-3 Experience, Qualifications, Certifications, and Services 500 500
5 Exhibit B-4 References
(per category/sub-category/solution) 250 250
TECHNICAL/PERFORMANCE POINTS AVAILABLE 750 750
6 Exhibit C Bid Price (per category/sub-category/solution) 300 300 COMBINED TECHNICAL/PERFORMANCE & BID PRICE POINTS AVAILABLE 1050 1300 7 Washington Preference - Executive Order 18-03 50 50
TOTAL AVAILABLE POINTS 1100 1350
8 Responsibility Analysis Pass/Fail Pass/Fail
9 Contract Negotiations Pass/Fail Pass/Fail
3.2 RESPONSIVENESS (STEP 1). Enterprise Services will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that Enterprise Services will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. Enterprise Services reserves the right – in its sole discretion – to determine whether a bid is responsive – i.e., to determine a Bidder’s Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 8 (Rev 2020-02-24)
compliance with the requirements specified in this Competitive Solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to Bidder s. Responsive bids will be evaluated as set forth herein.
3.3 M
ANDATORY TECHNICAL REQUIREMENTS EVALUATION (STEP 2). Enterprise Services will convene a team to review bids to determine whether each Bidder’s product(s) meet the performance requirements set forth in Exhibit B-1 – Category/Sub-Category Mandatory Technical Requirements. Enterprise Services reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder . A Bidder ’s failure to provide requested information to Enterprise Services within ten (10) business days may result in disqualification. Failure to meet the mandatory technical requirements in a category/sub -category will not be further evaluated for the relevant category/sub-category.
3.4 SYSTEM SOLUTIONS NARRATIVE EVALUATION (STEP 3). Enterprise Services will convene a team to review and rate the bid narratives submitted for System Solution Narratives in Exhibit B-2. System Solutions are evaluated and awarded separately by category/sub-category.
Average Evaluator ratings, using the guidelines below will determine awarded points. Bidder ’s combined average rating will be divided by the available rating to determine the percentage of awarded points. The percentage will be multiplied by the number of points available to determine the Bidder’s total awarded points. For example:
Average Evaluator Rating (65) / available rating (100) = Percentage of Points (65%) Percentage of Points (65%) X maximum points available (250) = Awarded points = 162.50
3.5 EXPERIENCE, QUALIFICATIONS, CERTIFICATIONS, AND SERVICES (STEP 4). Enterprise Services will convene a team to evaluate bid responses to Exhibit B-3 Experience, Qualifications, Certifications, and Services.
Average Evaluator ratings, using the guidelines below will determine awarded points. Bidder ’s average rating will be divided by the available rating to determine the percentage of awarded points.
The percentage will be multiplied by the number of points available to determine the Bidder ’s total awarded points. For example:
Average Evaluator Rating (65) / maximum available rating (100) = Percentage of Points (65%) Percentage of Points (65%) X total points available (500) = Awarded points = 325.00 Quality of
Response Scoring Guidelines Evaluator’s
Rating
Unacceptable Bid response fails to meet the requirement/solution, answer the question, or address the topic at hand. Bid response has multiple, significant weaknesses.
0 Marginal Bid response partially answers each section/requirements or minimally addresses the line item topic. Bid response has minimal strengths and some weaknesses.
20 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 9 (Rev 2020-02-24)
Quality of
Response Scoring Guidelines Evaluator’s
Rating
Moderate Bid response answers most of the section/requirements and addresses most of the requirements, but does not provide a clear understanding of how the requirement/solution is met. Bid response has minimal strengths that clearly outweigh weaknesses.
40 Good Bid response answers all of the sections/requirements, meets the requirements and contains some strengths and/or only has minor weaknesses.
60 Excellent Bid response answers all of the sections/requirements completely, exceeds the requirements and exhibits a strong and unique approach with multiple strengths.
80 Outstanding Bid response answers all of the sections/requirements completely with additional information that vastly exceeds the requirement and exhibits a very strong and unique approach with multiple strengths. 100
3.6 REFERENCES (Step 5). Enterprise Services will convene a team to evaluate Bidder References. Two (2) references per category/sub -category/solution is required. Bidders are required to submit the reference form in Exhibit B-4 with their bid as instructed. References may be duplicated for each category/sub-category/solution if the work was similar in nature and scope. The combined average reference rating for all references will determine Bidder ’s awarded points using the formula sample below:
Average Evaluator Rating (3) / available rating (5) = Percentage of Points (60%) Percentage of Points (60%) X maximum points available (250) = Awarded points = 150.00
3.7 BID PRICING EVALUATION (STEP 6). Only Bidders who are responsive, meet the minimum mandatory requirements and score at least seventy percent ( 70%) of the total non -cost evaluation points will advance to the Bid Pricing Evaluation. Enterprise Services will evaluate bids – to identify the lowest evaluation total – by reviewing and comparing the submitted bid prices provided in Exhibit C. The lowest bid price in each category/sub-category will receive the maximum points available. Others will receive proportionately fewer points, using the formula below:
Lowest Price/Higher Price X M aximum Available Points = Bidder’s Awarded Points
3.8 WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 7). Enterprise Services will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation.
EXECUTIVE ORDER 18.03 (WORKERS’ RIGHTS) - Procurement Preference for Executive Order 18 -03 (Firms without Mandatory Individual Arbitration for Employees). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), Enterprise Services will evaluate bids for best value and will provide a bid preference in the amount of fifty (50) evaluation points to any Bidder who certifies, pursuant to the Bidder Certification attached as Exhibit A-1 – B idder
Certification, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.
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3.9 RESPONSIBILITY ANALYSIS (STEP 8). For responsive bids, Enterprise Services will make reasonable inquiry to determine the responsibility of any Bidder . Enterprise Services will determine responsibility on a pass/fail basis. In determining responsibility, Enterprise Services will consider the following statutory elements:
The ability, capacity, and skill of the Bidder to perform the contract or provide the service required;
The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;
Whether the Bidder can perform the contract within the time specified; The quality of performance of previous contracts or services; The previous and existing compliance by the Bidder with laws relating to the contract or services;
Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, the Bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and Such other information as may be secured having a bearing on the decision to award a Cooperative Purchasing Master Agreement.
See RCW 39.26.160(2)(a)-(f). In addition, Enterprise Services may consider the following:
Financial Information: Enterprise Services may request financial statements, credit ratings, references, record of past performance, clarification of Bidder ’s offer, on -site inspection of Bidder's or subcontractor's facilities, or other information as necessary. Failure to respond to these requests may result in a bid being rejected as non-responsive.
References: Enterprise Services reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of /service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a Bidder as non-responsible.
3.10 A
NNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. Enterprise Services will determine the Apparent Successful Bidder (“ASB”) per category/sub-category. The ASB will be the responsive and responsible Bidder (s) that best meet(s) the Competitive Solicitation requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Bid Price, and other factors as set forth in this Competitive Solicitation. Designation as an ASB does not imply that Enterprise Services will issue an award for a Cooperative Purchasing Master Agreement to your firm. Rather, this designation allows Enterprise Services to perform further analysis and ask for additional documentation. The Bidder must not construe this as an award, Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 11 (Rev 2020-02-24)
impending award, attempt to negotiate, etc. If a Bidder acts or fails to act as a result of this notification, it does so at its own risk and expense. Upon announcement of the ASB, Bidders may request a debrief conference as specified in Section 5.
3.11 AWARD OF A COOPERATIVE PURCHASING MASTER AGREEMENT. Subject to protests, if any, Enterprise Services and the ASB will enter into a Cooperative Purchasing Master Agreement as set forth in Exhibit D – Cooperative Purchasing Master Agreement. An award, in part or full, is made and a contract formed by execution of the Cooperative Purchasing Master Agreement by Enterprise Services and the awarded Bidder . Enterprise Services reserves the right to award on an all- or-nothing consolidated basis. Following the award of the Cooperative Purchasing Master Agreement, all Bidders registered in WEBS will receive a Notice of Award delivered to the Bidder’s email address provided in the Bidder’s profile in WEBS.
Cooperative Purchasing Master Agreement awards will be made to Bidders who:
1. Are responsive, and
2. Meet all the requirements of Exhibit B-1, and
3. Score seventy percent (70%) of the total technical/performance evaluation points, and
4. Total combined technical/performance and price points is equal to or greater than seventy percent (70%) of the highest Bidder’s score in category/sub-category/solution, and
5. Are responsible.
3.12 Bid Information Availability. Upon Enterprise Services’ announcement of ASB, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act.
See RCW 39.26.030(2). Upon Enterprise Services’ announcement of ASB, Enterprise Services will post all bid evaluations to Enterprise Services’ website.
SECTION 4 – HOW TO PREPARE AND SUBMIT A BID FOR THIS COMPETITIVE SOLICITATION
This section identifies how to prepare and submit your bid to Enterprise Services for th is Competitive Solicitation. In addition, Bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that Bidders must provide to Enterprise Services to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid , Bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.
4.1. P
RE-BID CONFERENCE. Enterprise Services will host a Competitive Solicitation pre-bid conference as described in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory. Bidder s, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that Bidder s may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS.
Assistance for disabled, blind, or hearing -impaired persons who wish to attend the pre -bid conference is available with prior arrangement by contacting the Procurement Coordinator.
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4.2. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all Bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator for this Competitive Solicitation. See Section 1.2 of this Competitive Solicitation. Bidders should rely only on this Competitive Solicitation and written amendments to the Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding the Competitive Solicitation be binding. Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow Enterprise Services to consider and, if warranted, respond to the inquiry. If Bidder does not notify Enterprise Services of an issue, exception, addition, or omission, Enterprise Services may consider the matter waived by the Bidder for protest purposes. If Bidder inquiries result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.
Unauthorized contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in Bidder disqualification.
4.3. PRICING. Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Bid Price. A Bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.
Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that Bidder is awarded a Cooperative Purchasing Master Agreement, the total price for the goods and/or services shall be Bidder’s price as submitted. Except as provided in the Cooperative Purchasing Master Agreement, there shall be no additional costs of any kind.
Credit Cards (P -Cards): In the event that Bidder is awarded a Cooperative Purchasing Master Agreement, the total price for the goods and/or services shall be the same regardless of whether Purchasers make payment by cash, credit card, or electronic payment. Bidder shall bear, in full, any processing or surcharge fees associated with the use of credit cards or electronic payment.
4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to Enterprise Services to constitute a responsive bid. The submit tals must be delivered as set forth below . Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, Bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders must identify any supplemental materials with the Bidder’s name. Bidder must submit required documents as described below:
EXHIBIT A-1 – BIDDER CERTIFICATION
This document is the Bidder Certification. Complete the certification and submit it along with any exceptions or required explanations to Enterprise Services.
Note: The Certification must be complete. Where there are choices, Bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the Bidder.
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EXHIBIT A-2 – BIDDER’S PROFILE
This document is required Bidder information for Enterprise Services’ contract administration purposes. Complete as instructed and submit with bid to Enterprise Services.
EXHIBIT B-1 – MANDATORY TECHNICAL REQUIREMENTS
Bidder must confirm that the goods meet or exceed the detailed specifications set forth in Exhibit B-1. Complete as instructed and submit with bid to Enterprise Services.
Exhibit B-2 System Solution Narratives.
Bidder offering either a Radio Solution or a Power Supply Solutions must complete narrative responses to the system solutions as instructed in Exhibit B-2 and submit with bid to Enterprise Services.
Exhibit B-3 Experience, Qualifications, Certifications, and Services.
Bidder must to complete the worksheet as instructed in Exhibit B-3 and submit with bid to Enterprise Services.
Exhibit B-4 References.
Bidder must complete the reference form(s) as instructed in Exhibit B-4 References and submit with bid to Enterprise Services.
EXHIBIT C – BID PRICE
Bidder is required to complete the price worksheet as instructed in Exhibit C – Bid Price and submit with bid to Enterprise Services.
4.5. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by Enterprise Services, documents included with an electronic bid must be prepared in MS Word, MS Excel, or machine readable Adobe PDF. Documents must not be protected using a password to access.
4.6. SUBMITTING BIDS. You must submit one (1) electronic bid.
Electronic bids must be emailed to [email protected] . Enterprise Services’ email boxes only can accept emails that total less than 30MB in size. Bidder s are cautioned to keep email sizes to less than 25MB to ease delivery. Bidders may submit multiple electronic files to accommodate the email limits. Multiple electronic files must be labeled to easily identify Bidder and submission. For example; “ 00318 [foldername-documentname-Biddername]”. Zipped files cannot be accepted.
Bi
d response must be separated into two folders, Technical/Performance and Bid Price.
Technical/Performance Fo lder must include the following documents and labeled, “00138Technical-Performance-BidderName”:
1. Exhibit A-1 B idder Certification
2. Exhibit A-2 Bidder Profile
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3. Exhibit B-1 Mandatory Technical Requirements
4. Exhibit B-2 System Solution Narratives
5. Exhibit B-3 Experience, Qualifications, Certifications and Services
6. Exhibit B-4 References
7. Exhibit D-1 Cooperative Purchasing Master Agreement Issues List
Bid Price Folder must be labeled “00318BidPrice-BidderName” and include:
Ex
hibit C Bid Price
SECTION 5 – COMPLAINT, DEBRIEF, & PROTEST REQUIREMENTS
This section details the applicable requirements for complaints, debriefs, and protests.
5.1. C
OMPLAINTS. This Competitive Solicitation offers a complaint period for Bidder s wishing to voice objections to this solicitation. The complaint period ends five (5) business days before the bid due date. The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during th e Question & Answer Period or, if applicable, at the Pre-Bid Conference. Failure by the Bidder to raise a complaint at this stage may waive its right for later consideration. Enterprise Services will consider all complaints but is not required to adopt a complaint, in part or in full. If Bidder complaints result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS. a. C
RITERIA FOR COMPLAINT. A formal complaint may be based only on one or more of the following grounds: (a) The solicitation unnecessarily restricts competition; (b) The solicitation evaluation or scoring process is unfair or flawed; or (c) The solicitation requirements are inadequate or insufficient to prepare a response. b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy. c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. Enterprise Services is required to promptly post the response to a complaint on WEBS.
d. R
ESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to bid submittal may be deemed waived for protest purposes.
5.2. D
EBRIEF CONFERENCES. A Debrief Co nference is an opportunity for Bidder and the Procurement Coordinator to meet and discuss the Bidder’s bid. A debrief is a required prerequisite for Bidder wishing to file a protest. Following the evaluation of the bids, Enterprise Services will issue an announcement of the ASB. That announcement may be made by any means, but Enterprise Services likely will use email to the Bidder’s email address provided in the Bidder’s Profile. Bidder Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 15 (Rev 2020-02-24)
will have three (3) business days to request a Debrief Conference. Once a Debrief Conference is requested, Enterprise Services will offer the requesting Bidder one meeting opportunity and notify the Bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, Enterprise Services likely will schedule the Debrief Conference shortly after the announcement of the ASB and the Bidder ’s request for a Debrief Conference. Enterprise Services will not allow the debrief process to delay the award.
Therefore, Bidder should plan for contingencies and alternate representatives; Bidder who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. a. TIMING. A Debrief Conference may be requested by Bidder following announcement of the Apparent Successful Bidder.
b. PURPOSE OF DEBRIEF CONFERENCE. Any Bidder who has submitted a timely bid response may request a Debrief Conference (see Form and Substance, and Other below). A Debrief Conference provides an opportunity for the Bidder to meet with Enterprise Services to discuss its bid and evaluation.
c. R
EQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after the announcement of the Apparent Successful Bidder . Debrief conferences may be conducted either in person at the Enterprise Services offices in Olympia, Washington, via Zoom (or other approved remote meeting application), or via telephone, as determined by Enterprise Services , and may be limited by Enterprise Services to a specified period of time. The failure of Bidder to request a debrief within the specified time and attend a debrief conference constitutes a waiver of the right to submit a protest.
Any issue, exception, addition, or omission not brought to the attention of the procurement coordinator before or during the debrief conference may be deemed waived for protest purposes.
5.3. PROTESTS. F ollowing a Debrief Conference, Bidder may protest the award of a Cooperative Purchasing Master Agreement.
a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following:
(a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the Competitive Solicitation.
b. INITIATING A PROTEST. Any Bidder may protest an award to the ASB. A protest must: (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting Bidder ’s Debriefing Conference (see Form and Substance, and Other below); (b) Be in writing; (c) Include a specific and complete statement of facts forming the basis of the protest; and (d) Include a description of the relief or corrective action requested.
c. PROTEST RESPONSE. After reviewing the protest and available facts, Enterprise Services ’ Protest Officer will issue a written response within ten (10) business days from receipt of the protest, unless additional time is needed.
d. DECISION IS FINAL. The protest decision is final and not subject to administrative appeal. If the protesting Bidder does not accept Enterprise Services’ protest response, the Bidder may seek relief in Thurston County Superior Court.
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5.4. COMMUNICATION DURING COMPLAINTS, DEBRIEFS, AND PROTESTS. With the exception of protests, all communications about this Competitive Solicitation, including complaints and debriefs, must be addressed to the Procurement Coordinator unless otherwise directed . Protests must be addressed to the Protest Officer.
a. FORM, SUBSTANCE, & OTHER. All complaints, requests for debrief, and protests must (a) Be in writing; (b) Be signed by the complaining or protesting Bidder or an authorized agent, unless sent by email; (c) Be delivered within the time frame(s) outlined herein; (d) Identify the solicitation number; (e) Conspicuously state “Complaint,” “Debrief” or “Protest” in any subject line of any correspondence or email, and (f) Be sent to the address identified below.
b. COMPLAINTS & PROTESTS. All complaints and protests must (a) State all facts and arguments on which the complaining or protesting Bidder is relying as the basis for its action; and (b) Include any relevant documentation or other supporting evidence.
5.5. HOW TO CONTACT ENTERPRISE SERVICES.
a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation. The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint to the Procurement Coordinator listed in this Competitive Solicitation at the following address:
Attn: Procurement Coordinator – Complaint
Contracts & Procurement Division
Washington State Department of Enterprise Services
P.O. Box 41411
Olympia, WA 98504-1411
b. T
O REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation. The email message must include “Debrief” in the subject line of the email message.
c. T
O SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address: [email protected]. The email message must include “Protest” in the subject line of the email message. Alternatively, mail the protest to the Protest Officer at the following address:
Attn: Protest Offi
cer
Contracts & Procurement Division
Washington State Department of Enterprise Services
P.O. Box 41411
Olympia, WA 98504-1411
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SECTION 6 – DOING BUSINESS WITH THE STATE OF WASHINGTON
This section provides additional information regarding doing business with the State of Washington.
6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS. All documents (written and electronic) submitted to Enterprise Services as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW chapter 42.56, Public Records Act.
Enterprise Services strongly discourages Bidder from unnecessarily submitting sensitive information (e.g., information that you might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).
If, in your judgment, there is an applicable statutory exemption from disclosure for certain portions of your bid, please mark the precise portion(s) of the relevant page(s) of your bid that you believe are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure. In addition, if, in your judgment, certain portions of your bid are not statutorily exempt from disclosure but are sensitive because these particular portions of your bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that your firm protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of your bid that include such sensitive information. In the event that Enterprise Services receives a public records disclosure request pertaining to information that you have submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, Enterprise Services, prior to disclosure, will do the following:
Enterprise Services’ Public Records Officer will review any records marked as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, Enterprise Services will redact or withhold the document(s) as appropriate. For documents marked ‘sensitive’ or for documents where Enterprise Services either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, Enterprise Services will notify the Bidder at the address provided in the bid submittal of the public records disclosure request and identify the date that Enterprise Services intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the Bidder, at Bidder’s sole expense, timely obtains a court order enjoining Enterprise Services from such disclosure. In the event Bidder fails to timely file a motion for a court order enjoining such disclosure, Enterprise Services will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Bidder of any claim that such materials are exempt or protected from disclosure.
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6.2. ECONOMIC GOALS. In support of the state’s economic goals, Bidder is encouraged to consider the following in responding to this Competitive Solicitation:
Support for a diverse supplier pool, including, veteran -owned, minority -owned and women-owned business enterprises. Results Washington has established the following voluntary numerical goals for this Competitive Solicitation:
Ten (10) percent minority-owned businesses (MBE);
Six (6) percent women-owned businesses (WBE);
Five (5) percent veteran-owned businesses (VB).
Achievement of these goals is encouraged whether directly or through subcontractors.
Bidder may contact the Office of Minority and Women’s Business Enterprises for information on certified firms or to become certified.
Veterans and U.S. active duty, reserve or National Guard service-m embers are eligible for the registry. The veteran or service-member must control and own at least fifty-one (51) percent of the business and the business must be legally operating in the State of Washington. Control means the authority or ability to direct, regulate or influence day - to-day operations.
6.3. POLYCHLORINATED BIPHENYLS (PCBS) NOTICE. Polychlorinated biphenyls, commonly known as PCBs, have adverse effects on human health and the environment. Accordingly, the State of Washington, through its procurements of goods, is trying to minimize the purchase of PCBS and to incentivize its contractual vendors to sell and package without PCBs. Bidders certifying all products and packaging contain no PCBS will not be evaluated but may receive additional consideration when doing business with the State of Washington. Other states having the same or similar requirement and will be further defined in Participating Addendum.
6.4. R
ESOURCES.
Register for competitive solicitation notices at the Washington Electronic Business Solution (WEBS) WEBS Registration. Note: There is no cost to register on WEBS. If you qualify as a Washington small business, identify yourself in WEBS. Call WEBS Customer Service at 360-902-7400.
Contact the Washington State Office of Minority and Women’s Business Enterprises about state and federal certification programs at Phone 866-208-1064 or OMWBE. Contact the Washington State Department of Veterans’ Affairs about veteran -owned businesses certification at (360) 725-2169 or DVA.
Contact Enterprise Services about small and diverse business inclusion.
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EXHIBIT A-1 BIDDER CERTIFICATION
See attached Exhibit A-1 Bidder Certification.
Note: As set forth above, Bidder must complete, sign, and return the Exhibit A-1 Bidder Certification to Enterprise Services.
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EXHIBIT A-2 BIDDER PROFILE
See attached Exhibit A-2 Bidder Profile.
Note: As set forth above, Bidder must complete and return the Exhibit B-2 Bidder Profile to Enterprise Services.
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EXHIBIT B -1 MANDATORY TECHNICAL REQUIREMENTS
See attached Exhibit B-1 Mandatory Technical Requirements.
Note: As set forth above, Bidder must complete and return Exhibit B-1 Mandatory Technical Requirements to Enterprise Services.
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EXHIBIT B-2 SYSTEM SOLUTION NARRATIVES
See attached Exhibit B-2 System Solution Narratives.
As set forth above, Bidder must complete, and return the Exhibit B-2 System Solution Narratives to Enterprise Services as instructed.
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EXHIBIT B-3 EXPERIENCE, QUALIFICATIONS, CERTIFICATIONS AND SERVICES
See attached Exhibit B-3 Experience, Qualifications, Certifications and Services.
Note: As set forth above, Bidder must complete and return Exhibit B-3 Experience, Qualifications, Certifications and Services to Enterprise Services as instructed.
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EXHIBIT B-4 REFERENCES
See attached Exhibit B-4 References.
Note: As set forth above, Bidder must complete and return Exhibit B-4 References to Enterprise Services as instructed.
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EXHIBIT C – BID PRICE
See attached Exhibit C – Bid Price.
Note: As set forth above, Bidder must complete and return Exhibit C – Bid Price to Enterprise Services as instructed.
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EXHIBIT D COOPERATIVE PURCHASING MASTER AGREEMENT
See attached Exhibit D – Cooperative Purchasing Master Agreement for Competitive Solicitation No. 00318 – Public Safety Communications Products, Services and Solutions.
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EXHIBIT D-1 COOPERATIVE PURCHASING MASTER AGREEMENT ISSUES LIST
See attached Exhibit D-1 – Cooperative Purchasing Master Agreement Issues List.
Note: As set forth above, Bidder may complete and return Exhibit D-1 – Cooperative Purchasing Master Agreement Issues List to Enterprise Services.
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EXHIBIT E – HISTORICAL SALES AND OTHER STATE INFORMATION
See attached Exhibit E Historical Sales.
Note: As a courtesy, Exhibit E – Historical Sales provides historical sales by state and vendor.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 29 (Rev 2020-02-24)
EXHIBIT E-1 PARTICIPATING ADDENDUM - STATE OF WASHINGTON
See attached Exhibit E-1 Participating Addendum - State of Washington.
Note: As a courtesy, Exhibit E-1 Participating Addendum - State of Washington provides a copy of the Participating Addendum awarded Contactors may be required to sign to do business in the State of Washington.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 30 (Rev 2020-02-24)
EXHIBIT E-2 PARTICIPATING ADDENDUM - STATE OF OREGON
See attached Exhibit E-2 Participating Addendum - State of Oregon.
Note: As a courtesy, Exhibit E-2 Participating Addendum - State of Oregon provides a copy of the Participating Addendum awarded Contactors may be required to sign to do business in the State of Oregon.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 31 (Rev 2020-02-24)
EXHIBIT E-3 TERMS AND CONDITIONS – STATE OF VERMONT
See attached Exhibit E-3 Terms and Conditions - State of Vermont
Note: As a courtesy, Exhibit E-3 Terms and Conditions - State of Vermont provides a copy of the terms and conditions awarded Contactors may be required to agree to do business in the State of Vermont.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 32 (Rev 2020-02-24)
EXHIBIT E-4 TERMS AND CONDITIONS – STATE OF NEW MEXICO
See attached Exhibit E-4 Terms and Conditions - State of New Mexico
Note: As a courtesy, Exhibit E-4 Terms and Conditions - State of New Mexico provides a copy of the terms and conditions awarded Contactors may be required to agree to do business in the State of New Mexico.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 33 (Rev 2020-02-24)
EXHIBIT E-5 TERMS AND CONDITIONS – STATE OF MONTANA
See attached Exhibit E-5 Terms and Conditions - State of Montana
Note: As a courtesy, Exhibit E-5 Terms and Conditions - State of Montana provides a copy of the terms and conditions awarded Contactors may be required to agree to do business in the State of Montana.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 34 (Rev 2020-02-24)
EXHIBIT E-6 TERMS AND CONDITIONS – STATE OF HAWAII
See attached Exhibit E-6 Terms and Conditions - State of Hawaii
Note: As a courtesy, Exhibit E-6 Terms and Conditions - State of Hawaii provides a copy of the terms and conditions awarded Contactors may be required to agree to do business in the State of Hawaii.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 35 (Rev 2020-02-24)
EXHIBIT E-7 TERMS AND CONDITIONS – STATE OF UTAH
See attached Exhibit E-7 Terms and Conditions - State of Utah
Note: As a courtesy, Exhibit E-7 Terms and Conditions - State of Utah provides a copy the terms and conditions awarded Contactors may be required to agree to do business in the State of Utah.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 36 (Rev 2020-02-24)
EXHIBIT E-8 TERMS AND CONDITIONS – STATE OF CALIFORNIA
See attached Exhibit E-8 Terms and Conditions - State of California
Note: As a courtesy, Exhibit E-8 Terms and Conditions - State of California provides a copy the terms and conditions awarded Contactors may be required to agree to do business in the State of California.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 37 (Rev 2020-02-24)
EXHIBIT E-9 TERMS AND CONDITIONS – STATE OF ILLINOIS
See attached Exhibit E-9 Terms and Conditions - State of Illinois
Note: As a courtesy, Exhibit E-9 Terms and Conditions - State of Illinois provides a copy of the terms and conditions awarded Contactors may be required to agree to do business in the State of Illinois.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 38 (Rev 2020-02-24)
EXHIBIT E-10 PARTICIPATING ADDENDUM – STATE OF WISCONSIN
See attached Exhibit E-1- Participating Addendum - State of Wisconsin.
Note: As a courtesy, Exhibit E-10 Participating Addendum - State of Wisconsin provides a copy of the Participating Addendum awarded Contactors may be required to sign to do business in the State of Wisconsin.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 39 (Rev 2020-02-24)
EXHIBIT E-11 TERMS AND CONDITIONS – STATE OF MARYLAND
See attached Exhibit E-11 Terms and Conditions – State of Maryland
Note: As a courtesy, Exhibit E-11 Terms and Conditions – State of Maryland provides a copy of the terms and conditions awarded Contactors may be required to agree to do business in the State of Maryland.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 COMPETITIVE SOLICITATION - NO. 00318 – PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS 40 (Rev 2020-02-24)
EXHIBIT E-12 TERMS AND CONDITIONS – STATE OF ALASKA
See attached Exhibit E-12 Terms and Conditions – State of Alaska
Note: As a courtesy, Exhibit E-12 Terms and Conditions – State of Alaska provides a copy of the terms and conditions awarded Contactors may be required to agree to do business in the State of Alaska.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
EXHIBIT B
Original Government Contract
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Washington State Department of
Enterprise Services
COOPERATIVE PURCHASING MASTER AGREEMENT
No. 00318
PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES AND SOLUTIONS For Use by Eligible Purchasing Entities
By and Between
ST ATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
and
TAIT NORTH AMERICA, INC.
Dated January 1, 2022
NASPO
Value Point
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
EXHIBIT C
City’s Insurance and Indemnity
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Exhibit C
Insurance and Indemnity
INDEMNIFICATION
To the furthest extent allowed by law, VENDOR shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by CITY, VENDOR or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract.
VENDOR'S obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers.
If software is included in the purchase: VENDOR agrees to indemnify, defend, settle, or pay any third-party claim or action against any Client Party for infringement of any U.S. patent or copyright arising from CITY’S use in accordance with this Agreement of the System. If the System or any part of the System is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, VENDOR shall, at its own expense, either: (i) procure for City the right to continue to use the System; or (ii) modify the System to make it non-infringing, provided that such modification does not materially adversely affect City’s authorized use of the System; or (iii) replace the System with a functionally equivalent non-infringing program at no additional charge to City; or (iv) if none of the foregoing alternatives is reasonably available to VENDOR, terminate this Agreement and refund to City any prepaid but unearned fees paid to VENDOR.
If VENDOR should subcontract all or any portion of the work to be performed under this Contract, VENDOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This indemnification Section is subject to Contractor’s (Tait’s) and subcontractor’s limitations of liability established in Section 14.4 of the Original Government Contract.
This section shall survive termination or expiration of this Contract.
INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, VENDOR shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, VENDOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to VENDOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve VENDOR of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by VENDOR shall not be deemed to release or diminish the liability of VENDOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by VENDOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non- owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. If software is included in the purchase: Cyber Liability (Privacy and Data breach) insurance appropriate to VENDOR’S profession. Coverage shall be sufficiently broad to respond to duties and obligations as is undertaken by VENDOR in this agreement and shall include but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines penalties and credit monitoring expenses with limits sufficient to respond to these obligations.
MINIMUM LIMITS OF INSURANCE
VENDOR shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
3. Workers’ Compensation Insurance as required by the State of California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
4. If software is included in the purchase:CYBER LIABILITY insurance with limits of not less than:
(i) $1 ,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate
UMBRELLA OR EXCESS INSURANCE
In the event VENDOR purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
VENDOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and VENDOR shall also be responsible for payment of any self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premium. VENDOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, VENDOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, VENDOR shall provide a new certificate, and applicable Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured all ongoing and completed operations. Additional Insured endorsements under the General Liability policy must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that VENDOR’S insurance shall be primary to and require no contribution from the City. Primary and Non Contributory language under the General Liability policy must be as broad as that contained in ISO Form CG 20 01 04 13. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. (v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
(vi) All insurance policies required herein shall contain, or be endorsed to contain, a waiver of subrogation as to CITY , its officers, officials, agents, employees and volunteers.
If software is included in the purchase: The Cyber Liability insurance shall cover claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information (including credit monitoring costs), alteration of electronic information, extortion and network security. Such coverage is required for claims involving any professional services for which VENDOR is engaged with the City for such length of time as necessary to cover any and all claims
If the Cyber Liability insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by VENDOR.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by VENDOR, VENDOR must purchase “extended reporting” coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits.
PROVIDING OF DOCUMENTS
VENDOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, VENDOR shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of VENDOR shall also be required to provide all documents noted herein.
SUBCONTRACTORS
If VENDOR subcontracts any or all of the services to be performed under this Agreement, VENDOR shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, VENDOR will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
EXHIBIT D
Summary Overview
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
Summary Overview
Radio System Upgrade
City of Fresno, CA
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 City of Fresno Police and Fire Radio System
Analog Simulcast over IP (AS-IP) Network Upgrade
April 18, 2025
The City of Fresno, CA, in partnership with Tait Communications, is undertaking a comprehensive upgrade of its public safety communications infrastructure through the implementation of an Analog Simulcast over IP (AS-IP) Network. This project is designed to enhance the reliability, coverage, and performance of critical radio communications for the City’s Fire and Police Departments.
This upgrade project will modernize the City of Fresno’s emergency communication systems, significantly improving operational capability, coverage, and interoperability.
Summary Scope of Work
1. System Description
Tait is providing an Analog Simulcast over IP (AS-IP) radio network to upgrade the public safety communications systems for the City of Fresno, California. Tait AS-IP analog simulcast networks are Internet Protocol (IP) based digital systems specifically designed to provide conventional simulcast analog communications over wide geographic areas. The proposed radio system consists of a single simulcast cell with five (5) transmit and receive sites and six (6) additional receive-only sites, utilizing TB9400 base stations. This same configuration will be deployed for both the Fire Department in VHF, and Police Department in UHF. The Fire Department will utilize six (6) channels per site, while the Police Department will utilize ten (10) channels per site.
Each site includes a timing/frequency reference, antenna subsystem, and RF filtering subsystem. Included is Tait’s EnableMonitor which allows technicians to efficiently monitor and maintain the radio system from anywhere on the network.
A Coverage Verification Test (CVT) will be performed using subjective delivered audio quality of
3.0, based upon the final coverage maps produced during detailed design in order to validate the 95% coverage guarantee provided by Tait, within the agreed upon boundaries of the City of Fresno.
Tait has taken care to utilize existing antenna systems to facilitate Fresno’s desire to employ a phased approach to its upgrade. Frequency coordination costs have been included in this proposal to account for adjusting the existing frequency channels and providing the additional spectrum necessary to deploy a simulcast network.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
2. Summary Scope of Services
2.1 System Design:
• Completion of site surveys and detailed design reviews including frequency coordination
• Approval of final system design by the City.
2.2 System Production and Staging:
• Ordering and manufacturing of required equipment.
• Equipment staging and testing at Cook’s Communications in Fresno, CA. • Participation in pre-deployment testing by City representatives.
2.3 Installation:
• Deployment of fixed and RF site equipment as per approved design. • Installation of antennas, cabling, and base stations. • Decommissioning and removal of legacy equipment.
• Documentation of all installations and configurations (“As-Builts”).
2.4 System Migration and Optimization:
• Site commissioning and final system checks.
• Migration of communication channels to the new system. • System optimization for performance verification.
2.5 Coverage Verification and Burn-in:
• Execution of Coverage Verification Testing (CVT) with mapped drive tests and analysis.
• Initiation of a 30-day operational burn-in period.
• Resolution of any deficiencies and formal CVT approval.
2.6 Training:
• Delivery of technical and end-user training.
• Coordination with the City to ensure effective knowledge transfer.
2.7 Project Close-Out and Acceptance:
• Resolution of punch list items.
• Submission of final system dossier and as-built documentation. • Formal sign-off and acceptance by the City.
• Handover for warranty and ongoing support services.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 City of Fresno Upgrade
Project Schedule
Duration Start Finish
1 City of Fresno Upgrade Schedule 385 days Mon 6/2/25 Fri 11/20/26 2 Execution of the Contract 12 days Mon 6/2/25 Tue 6/17/25 3 Design 116 days Tue 6/17/25 Tue 11/25/25
4 Detailed System and RF Site Design
Review
15 days Wed 11/26/25 Tue 12/16/25
5 Equipment Procurement and Staging 97 days Tue 12/23/25 Wed 5/6/26 6 Equipment Procurement and Delivery 77 days Tue 12/23/25 Wed 4/8/26 7 Staging 20 days Thu 4/9/26 Wed 5/6/26
8 RF Site Preparation and Installation 179 days Tue 12/16/25 Fri 8/21/26 9 Technical and User Training 8 days Thu 4/9/26 Mon 4/20/26 10 Field Acceptance Testing 90 days Mon 6/15/26 Fri 10/16/26 11 Closure 20 days Mon 10/26/26 Fri 11/20/26
12 Final System Acceptance 0 days Fri 11/20/26 Fri 11/20/26
---end of document---
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Tait North America Inc Quotation
1315 W Sam Houston Pkwy N, Suite 140
Houston
Texas 77043
United States of America
For the attention of:
Client City of Fresno, CA
Quote Number 111842_20250325
Total Price $3,893,733.48 Incoterm:CIP TAM
Currency USD Validity: 60 Calendar Days
Date Tuesday, 25 March 2025 9:17 From date of Quote
Project Name Radio System Maintenance Support and Equipment Upgrade Project Description
Prepared by: Travis Whitlock
Section Build With Rack With Part Number Qty Column2 Column3 Sell Price Section Total 200 Radio System Equipment 1 1,480,054
Fresno Fire Base Stations 536,299
Fresno PD Base Stations 887,204
Spectracom Frequency References 56,552
400 RF Antenna & Filtering Subsystems 1 425,244
Fresno Fire RF Filtering 128,931
Fresno PD RF Filtering 145,829
Fresno Fire Antenna & Line 74,160
Fresno PD Antenna & Line 76,324
800 Spare Equipment 1 78,032
Fresno Fire - Spare Base Station 33,516
Fresno PD - Spare Base Station 33,516
Spare Spectracom 11,000
900 Project Works & Services 1 1,685,075
Tait Project Management, Engineering, Commissioning, and Training 551,187 Equipment Installation Services 718,089
Spectrum Noise Monitoring Services 169,400
VHF Frequency Licensing & Coordination 134,400
UHF Frequency Licensing & Coordination 112,000
920 Training 1 17,078
Services - Training 17,077.50
940 System Support Plan 1 189,626
Tait Advantage - Year #1 94,813
Tait Advantage - Year #2 94,813
941 OPTIONAL: System Support and Extended Hardware Maintenance (Years 3-10) 0 Tait Advantage & EHM - Year #3 113,776
Tait Advantage & EHM - Year #4 113,776
Tait Advantage & EHM - Year #5 113,776
Tait Advantage & EHM - Year #6 125,153
Tait Advantage & EHM - Year #7 137,668
Tait Advantage & EHM - Year #8 151,435
Tait Advantage & EHM - Year #9 166,579
Tait Advantage & EHM - Year #10 183,237
950 Network Monitoring Software (NMS) 1 18,624
EnableMonitor 18,624
Total System 3,893,733.48
SUMMARY QUOTE
This quote is to upgrade the City of Fresno's existing TB9100 Base Stations. The proposed system is 11 sites and consists of the following elements:
- Fresno Fire: 6-channel, 5-Site VHF conventional simulcast system with 6 receive only sites - Fresno Police: 10-channel, 5-Site UHF conventional simulcast system with 6 receive only sites Each site includes TB9400 base stations, timing/frequency reference, antenna subsystem, and RF filtering subsystem. EnableMonitor has been included per City of Fresno request.
Estimated services include: project management, system design & engineering, site commissioning, equipment installation, coverage verification testing (CVT), spectrum and noise monitoring, and frequency licensing and coordination services. Please reference the Analog Simulcast over IP (AS-IP) Network System Overview document for additional information about the proposed design.
Tait assumed the following for this quote:
- Re-use of City and County's existing racks
- No upgrades or modification to existing microwave network and or backhaul between sites. Tait Assumes that these links will meet our bandwidth and latency requirements. - No upgrades or modifications to shelters. This includes no upgrades or modifications to power or backup power equipment. Tait Assumes that the sites will have adequate power and backup power. - This proposal does not contain any provisions for decommissioning or disposal of any existing equipment.
Payment terms acceptable to Tait are shown below. Due to the design of the type of system, it is not feasible to break out payments by site. Pricing offered is based on NASPO contract pricing.
Payment Schedule Payment Terms ◘ Contract Execution 20% ◘Equipment Shipment 25% ◘Installation and Commissioning 30% ◘Final System Acceptance 25% Tait Standard Terms and Conditions of Sale apply. By accepting this offer you acknowledge and agree to those terms. Sales Quotation may not include Tax. If the Sales Quotation becomes a Sales Order the correct State Sales Tax will apply. All items are subject to prior sale. If pricing for equipment and/or services is quoted as part of an email correspondence, the price will expire 30 days after the date provided. Tait reserves the right to amend pricing in the event of typographical or mathematical error, or in case of new information, specifications or requirements. Unless otherwise agreed in writing by an authorized representative of Tait, pricing is subject to Tait's Standard Terms and Conditions of Sale current on the date provided, copies are available upon request.
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55
EXHIBIT E
Insurance Waiver
Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55 Docusign Envelope ID: F93ADB82-A3CE-4DAB-BCF0-D960DFD6DA55