ITB 24_013 Addendum.pdf

Addendum Number 1

RFP #24-013 Two-Way Police Radio lease

COMPLETE THIS ADDENDUM, SIGN and SUBMIT with the ITB

RESPONSE DUE DATE: January 10, 2024 at 2:00 P.M.

To All Prospective Offerors: In reference to the RFP listed above, the following answers to questions, additions, deletions and changes are hereby incorporated into the RFP:

Question 1. The Offeror’s RFP Checklist, Item #5, requests a point by point response to all sections.

Section 4: Contents of the Proposals, Evaluation, Item A. provides a list of the Technical Proposal Requirements. There does not appear to be a place to include the required point by point that would also meet the page limit requirements. Is it acceptable to include the point by point and any other necessary document in a proposal appendices?

Answer: The submittal consists of a technical and cost proposal, please review the requirements in section 4.

Question 2. Under Technical Proposal Requirements, the Cover Letter needs to “be signed by authorized company officer”. Our organization allows other officials such as contracts personnel to sign proposal and contractual documentation on behalf of our company. Will you confirm that an authorized representative’s signature is acceptable in lieu of a company officer? A Letter of Authorization showing the authority of this individual can be provided, if desired.

Answer: Yes, an authorized representative may sign the cover letter.

Question 3: Would you like to track radios over both P25 and LTE?

Answer: Yes, the City would like to track the radios using both options.

Question 4. Regarding your requirement for priority scan and two levels of priority, would you prefer a voice-controlled change, or a manual change between channels/talk groups?

Answer: The City has a preference for manual.

Question 5. Would you prefer to do programming over the air or via CPS?

Answer: The City would prefer that programming is completed over the air.

Question 6. Would you like to include training costs in the proposal?

Answer: The City does poise the question if training is offered in the Repair and Maintenance section of the solicitation. Please include training cost in the cost proposal submission in Bonfire.

Question 7. Would you like the radios to seamlessly switch between LTE and P25 without any user intervention?

Answer: Yes, the City would like the radios to seamlessly switch between LTE and P25 without any user intervention.

Question 8. Given that the Public Safety radios requirements within the RFP require critical and mandatory terms and conditions not included in the contract provided, can we amend and include additional terms as an amendment in our proposal?

Answer: Proposers may include additional terms that feel are needed for this solicitation, and it shall be reviewed for acceptance for the potential a

Question 9. Given the amount of time needed to respond to the answers to our questions, we would like to request a two-week extension to the January 4th RFP deadline.

Answer: The due date for this solicitation is being extended from 1/4/24 to 1/10/24 at 2:00 p.m.

Question 10. (Termination of Convenience) Draft Agreement language: “The City may, by written notice to the selected Offeror, terminate any resulting agreement without cause. The City must give notice of termination to the selected Offeror at least thirty (30) days prior to the effective date of termination.

Also mentioned in Section 5d: This Agreement may also be terminated by either party by giving written notice thirty (30) days prior to the effective date of termination.

Question/Clarification: We would like to add the following language to this Section 5.d: "In the event the Agreement is terminated by City, the City will pay Contractor for all services performed and for finished and unfinished hardware. Compensation will be based on the contract prices and the percentage complete based upon a signed statement of completion submitted by the Contractor, which shall itemize all goods and services completed and in-process. If any work or service hereunder is in progress, but not completed as of the date of termination, then the contract may be extended upon written approval of the City until said work or services are completed and accepted."

Answer: The City can agree to the omission of “and for finished and unfinished hardware”. But will require the inclusion of “up to date of termination” to follow.

Question 11. Draft Agreement Language: Section 6: “Upon the expiration or earlier termination of this Agreement, Contractor shall immediately terminate the Services hereunder and shall deliver promptly to Sandy Springs all property relating to the Services and any Work Product (as defined below), patents or copyrights covered by this Agreement. Work Product shall include, but not be limited to, all hardware and software, written, graphical, and recorded material, and any copies, abstracts or summaries thereof.”

b. question/clarification: “Would the City please clarify that in the event of termination of this Agreement, the radios and accessories as purchased under the Agreement, would only be delivered to Sandy Springs in the event that the City has paid full value for them? Additionally, would the City please remove the language “patents and copyrights covered by this Agreement”?

Answer: The City shall accept omission of “patents or copyrights” from the first paragraph. The following language would be included after Section 6. “Notwithstanding the foregoing, should any Services or Work Product have been delivered by Contractor for which full payment has not been received from Sandy Springs on the date of termination or expiration of this Agreement, Sandy Springs shall tender full payment for said services or Work Product provide that, and in the sole discretion of Sandy Springs, the Services and/or Work Product shall been delivered in accordance with the Contractor’s satisfaction of its obligations under this Agreement”.

Question 12.

a. Contract language: There is currently no clause for limitation of liability in the Agreement.

b. question/clarification: Would the City please add the following language surrounding Limitation of Liability to the Agreement?

A. “THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND ALL CLAIMS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE

PERFORMANCE OR NON-PERFORMANCE OF ANY AGREEMENT RESULTING HEREFROM OR FROM THE

MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY EQUIPMENT OR THE FURNISHING OF ANY SERVICE, SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE EQUIPMENT OR SERVICE WHICH GIVES RISE TO THE CLAIM. EXCEPT AS TO TITLE ANY SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD SPECIFIED IN THE ARTICLE ENTITLED

“WARRANTY”.

B. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, SHALL SELLER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF BUYERS CUSTOMERS FOR SUCH DAMAGES. IF BUYER TRANSFERS TITLE TO, OR LEASES THE EQUIPMENT SOLD HEREUNDER TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY THIRD PARTY, BUYER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING SELLER AND ITS SUBCONTRACTORS AND SUPPLIERS THE

PROTECTION OF THE PRECEDING SENTENCE.”

Answer: The City is willing to add the following language surrounding Limitation of Liability if both paragraph’s start with “To the Extent Permitted by Law”

I hereby acknowledge receipt of Addendum Number 1 for #24-013 Two-Way Police Radio lease and have incorporated the changes into my response for the above mentioned RFP.

COMPANY NAME:

CONTACT PERSON:

ADDRESS:

CITY: _________________________________STATE: ___________ ZIP: ________________________

PHONE: ________________ FAX: _______________

EMAIL ADDRESS: ______________________________________

SIGNATURE: ____________________________________________

DATE: ______________________________________