NSP RFP NSP7149 Z1 SmartCOP Technical Proposal File 1 of 4.pdf

Nebraska State Patrol Computer Aided Dispatch and Mobile Data Systems

RFP NSP7149 Z1

Confidential and Proprietary Information of SmartCOP, Inc.

Copyright ©2024 All Rights Reserved

4600 Innovation Drive Lincoln, NE 68521

Attn: Jason Dean Title: Procurement Officer Phone: 402-479-4913 Email: Jason.Dean@Nebraska.gov

Date: July 22, 2024

Submitted By:

Michael Snyder

Director Sales/Marketing

SmartCOP Inc.

410 E. Government Street

Pensacola, Florida 32502

Rep Phone # 850-232-4846

Michael.Snyder@smartcop.com

SMARTCOP’S RESPONSE

to

Nebraska State Patrol Computer Aided Dispatch and

Mobile Data System

RFP NSP7149 Z1

mailto:k.findley@millington.gov

RFP NSP7149 Z1 | 2

July 22, 2024

RFP NSP7149 Z1

COPYRIGHT STATEMENT

SmartCOP, Inc.'s proposal, which follows, contains information and data which are privileged and/or confidential to SmartCOP. This information and data are not made available for public review and is submitted voluntarily for evaluation of this proposal. The information contained herein is protected by the Trade Secrets Act, as codified, and any improper use, distribution, or reproduction is specifically prohibited. No license of any kind whatsoever is granted to any third party to use the information contained herein unless a written agreement exists between SmartCOP and the third party which desires access to the information.

No other use of the information and data contained herein are permitted without the express written permission of SmartCOP. Under no condition should the information contained herein be provided in any manner whatsoever to any third party without first receiving the express written permission of SmartCOP.

© 2024 SmartCOP, Inc.

All Rights Reserved

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RFP NSP7149 Z1

COVER LETTER

July 22, 2024

Jason Dean Procurement Officer 4600 Innovation Drive Lincoln, NE 68521

Subject: RFP NSP7499 Z1 CAD and Mobile Software Solutions

Dear Mr. Dean, On behalf of SmartCOP, Inc., I am pleased to provide this response to Nebraska State Patrol’s (NSP) Request for Proposal for a Computer Aided Dispatch System (CAD) and Mobile Data System (MDS).

We are confident the information provided in response to this RFP will clearly demonstrate SmartCOP’s ability to meet NSP’s goals of securing a fully functional, turnkey public safety solution. Using our proven solutions, SmartCOP will deliver an integrated, single-source CAD and Mobile solution that meet the requirements set forth by NSP, and resolve the current challenges experienced with your legacy system. Our solutions are first class, fully scalable, reliable, multi-agency and multi-jurisdictional. More importantly, we are committed to providing NSP with excellent service and support and delivering a solution on-time and on-budget.

SmartCOP specializes in statewide law enforcement by integrating the specific reporting requirements and processes into our system. We have partnered with the State of Florida, Georgia, Montana, South Carolina, Tennessee, Kansas and most recently Colorado, and their respective agencies to provide Statewide public safety solutions that meet their specific needs.

We recognize the unique challenges of implementing and maintaining a Statewide Law Enforcement system. We look forward to demonstrating our capabilities and confirming we are the best qualified vendor to provide NSP with a state-of-the-art CAD and Mobile solution.

The contact for this solicitation is:

Michael Snyder Director Sales/Marketing

850.232-4846 Michael.snyder@smartcop.com

Sincerely, Steven Williams Executive Vice President Steven.williams@smartcop.com

Fully integrated COTS system

Product upgrades and enhancements included

25 years’ experience providing public safety software

100% dedication to public safety software

Single Vendor

Force Multiplier

Improved Officer Safety

Interoperability

Reduced Response Times

Increased Efficiency

Preferred vendor for statewide law enforcement:

Florida Highway Patrol

Georgia State Patrol

Kansas Highway Patrol

Montana Highway Patrol

South Carolina Highway Patrol

Colorado Parks and Wildlife Agency

Tennessee Wildlife Resource Agency

SMARTCOP

ADVANTAGES

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Nebraska State Patrol Computer Aided Dispatch and Mobile Data Systems

RFP NSP7149 Z1

CONTENTS

COPYRIGHT STATEMENT ------------------------------------------------------------------------------- 2

COVER LETTER -------------------------------------------------------------------------------------------- 3

EXECUTIVE SUMMARY ---------------------------------------------------------------------------------- 7

FORM A – BIDDER PROPOSAL POINT OF CONTACT --------------------------------------------- 10

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM -------------------------- 11

I-SCOPE OF SERVICE ----------------------------------------------------------------------------------- 12

II - TERMS AND CONDITIONS ------------------------------------------------------------------------- 15

III - CONTRACTOR DUTIES ---------------------------------------------------------------------------- 38

IV. PAYMENT ---------------------------------------------------------------------------------------------- 55

V – PROJECT DESCRIPTION AND SCOPE OF WORK --------------------------------------------- 58

A. Project Overview B. Project Environment C. Project Requirements

Computer Aided Dispatch ------------------------------------------------------------------------------ 61

Mobile Data System -------------------------------------------------------------------------------------- 69

Administrative Modules --------------------------------------------------------------------------------- 76

Reporting and Analytics --------------------------------------------------------------------------------- 78

D. Business Requirements

1) Interoperability -------------------------------------------------------------------------------------- 79

2) GIS/Mapping – Integrated ESRI -based Mapping ---------------------------------------------- 80

3) Security and Administrative ----------------------------------------------------------------------- 81

E. Scope Of Work

1. Implementation Plan ------------------------------------------------------------------------------- 85

2. Operations Plan ------------------------------------------------------------------------------------- 88

SmartCOP and NSP Roles and Responsibilities ---------------------------------------------------- 89

F. Technical Requirements a.Client/Server -------------------------------------------------------------------------------------------- 97

b. Cloud Hosted ------------------------------------------------------------------------------------------ 100

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c.Cloud Native-------------------------------------------------------------------------------------------- 100

G. Project Planning And Management

1. Discovery -------------------------------------------------------------------------------------------- 100

2. Project plan------------------------------------------------------------------------------------------ 101

3. Project Planning Tools ----------------------------------------------------------------------------- 101

4. Change Management Plans and Practices ---------------------------------------------------- 101

5. GIS Approach and Maintenance Plan ---------------------------------------------------------- 102

6. Training methodology ----------------------------------------------------------------------------- 102

7. Cybersecurity practices and any audits performed ----------------------------------------- 106

8. Pre-Go-Live Performance and Load Testing Plan -------------------------------------------- 107

9. Go-Live Setup and Support ----------------------------------------------------------------------- 110

10. Deliverables not Completed by Initial Go-Live ---------------------------------------------- 111

11. Post Go-Live Deliverables ----------------------------------------------------------------------- 111

H. Current CAD and MDS Challenges and Limitations

1. Efficiency -------------------------------------------------------------------------------------------- 112

2. Searching ---------------------------------------------------------------------------------------------- 113

3. Interoperability ------------------------------------------------------------------------------------- 115

4. Interfaces -------------------------------------------------------------------------------------------- 117

I. Perform Implementation

1. Detailed Project Plan ------------------------------------------------------------------------------ 119

2. Configure and Integrate the Software: --------------------------------------------------------- 119

3. Train and Support End-Users. ------------------------------------------------------------------- 119

4. Monitor Progress and Adjust as Needed ------------------------------------------------------- 120

J. Provide Post Implementation Support K. Deliverables

VI – PROPOSAL INSTRUCTIONS -------------------------------------------------------------------- 130

1. Corporate Overview

a. Bidder Identification And Information ---------------------------------------------------------- 131

b. Financial Statements ------------------------------------------------------------------------------ 131

c. Change Of Ownership ----------------------------------------------------------------------------- 132

d. Office Location ------------------------------------------------------------------------------------- 133

e. Relationships With The State -------------------------------------------------------------------- 133

f. Bidder’s Employee Relations To State ---------------------------------------------------------- 133

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g. Contract Performance ---------------------------------------------------------------------------- 133

h. Summary Of Bidder’s Corporate Experience ------------------------------------------------- 134

i. Summary Of Bidder’s Proposed Personnel/Management Approach --------------------- 139

j. Subcontractors -------------------------------------------------------------------------------------- 148

2. Technical approach

i. Understanding the Project Requirements ------------------------------------------------------ 149

ii. Proposed Development Approach -------------------------------------------------------------- 150

iii. Technical Considerations ------------------------------------------------------------------------ 150

iv. Architecture Solution ----------------------------------------------------------------------------- 160

v. Detailed Project Plan ------------------------------------------------------------------------------ 163

vi. Deliverables and Due Dates --------------------------------------------------------------------- 166

vii. Technical Matrix ----------------------------------------------------------------------------------- 167

APPENDIX A SOFTWARE LICENSE AND SERVICES AGREEMENT -------------------------- 168

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EXECUTIVE SUMMARY

Our Understanding

It is our understanding that the Nebraska State Patrol (NSP) is seeking to replace its current Computer-Aided Dispatch (CAD) and Mobile Data System (MDS) with a solution that is technologically advanced, feature-rich, aligned with all relevant integration standards, is easy to use, provides enhanced search capabilities and interoperability, has an offline mode, full tow rotation capabilities, and can integrate to external systems via API. NSP is seeking a single CAD solution that can accommodate three (3) communication centers. NSP is seeking a COTS, consolidated, multi-agency, multi-jurisdictional system that allows dispatchers to assign and track law enforcement resources to specific calls for service.

About SmartCOP

SmartCOP, Inc., located in Pensacola, Florida, has been providing public safety software solutions to municipal, county, and more specifically, state agencies for more than 25 years. We are financially sound division of N. Harris Computer Corporation, a subsidiary of Constellation Software. SmartCOP is here to support the mission of State Patrols, Commercial Enforcement officers, Conservation Enforcement Officers, Environmental officers, Agricultural Enforcement, Fire Marshals, and other state-level law enforcement agencies.

We have reviewed the request for proposal in its entirety and are pleased to present NSP with the following proposal for SmartCOP’s Public Safety Software Solutions, Computer Aided Dispatch (CAD) and Mobile Data System (MDS). SmartCOP continually enhances our software based on customer input, State mandates, and evolving technology standards. SmartCOP’s software suite helps customer agencies improve officer safety and enables more efficient use of resources by eliminating duplicate data entry.

In our proposal, we highlight an extensive record of accomplishment of deploying similar solutions for state and local agencies, showcasing our unparalleled expertise in delivering a comprehensive and seamlessly integrated solution. Our solution offers a single, fully integrated, multi-agency, multi-jurisdictional, COTS-based CAD that is not only scalable but can also be effectively implemented across expansive geographic regions. SmartCOP solutions can also accurately reflect the correct time of call-for-service requests in states with multiple time zones.

Our feature-rich, integrated systems are based upon advanced, yet proven technology derived from current industry standards and best practices. Our software products, based on Microsoft development technology, utilize the latest in .NET and web services. The software is highly configurable, readily integrates with external systems, easily maintained and functionally comprehensive, yet extremely intuitive to the user. We are confident in our ability to provide proven, consolidated public safety software solutions and the enhancements needed to meet your expectations.

Our solution also offers unparalleled flexibility with deployment options including on-premise, remote data center, or AWS private cloud. For a large State deployment like this, we recommend an on-premise solution to ensure uninterrupted connectivity, with server virtualization. Primary, Testing, and Training servers will be housed at your Lincoln data center with Disaster Recovery servers hosted at the North Platte location. This approach will provide NSP an excellent means of managing Data Redundancy and Disaster Recovery with near real-time replication of data as well as the ability to failover to the Disaster Recovery site within minutes with negligible disruption to

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the end-users, providing NSP with system availability of at least 99.95%. We will work with NSP to design an infrastructure that will meet the demands and budget of the agency.

SmartCOP solution features include:

Commercial-Off-The-Shelf SmartCOP offers NSP a COTS product portfolio that has evolved to uniquely to meet the requirements and demands of state public safety agencies.

Seamless Integration Our public safety software systems have been designed and developed for seamless integration with a single point of data entry using a unified, central database shared among all applications. SmartCOP’s solution is flexible enough to serve current and future needs of NSP, while our feature-rich, integrated system is based upon advanced, yet proven technology derived from current industry standards and best practices.

Multi-Agency/Multi-Jurisdictional SmartCOP’s solutions are state-of-the-art multi-agency, multi-jurisdictional designed for state patrol, law enforcement, fire, EMS, and other public safety agencies.

As the subsequent pages will illustrate SmartCOP is the best vendor, providing the most comprehensive solution to meet the needs of NSP within the timeframe required, and in the most cost-effective and least disruptive way possible.

Scope of Services For this proposal, SmartCOP will provide:

Computer Aided Dispatch – SmartCAD. A COTS, Multi-Agency, Multi-Jurisdictional, CAD deployment that will operate all of NSP’s 911 communication centers. The CAD system provides comprehensive tracking of all calls for law enforcement units statewide, fire, and EMS, including the status of assigned and unassigned officers. The integrated ESRI based mapping system will display location of all troopers providing for officer safety and recommendations for closest units that can respond. SmartCAD is easy to use and intuitive, has enhance searching capabilities and full rotation capabilities along with many other features.

CAD API – The system will include an application programmable interface (API) that will allow external systems to access the CAD system. This will also allow for 3rd party mobile applications to interact with the CAD system.

Mobile Data System– The Mobile Computer Terminal (MCT) solution for officers in the field. MCT provides mobile access to the CAD, giving field operators the advantage of seeing live CAD data in their vehicles and on handheld devices. It provides State/NCIC interface, messaging, records management (master name/vehicle history and tracks officer location with Statewide AVL. SmartMobile provides for Offline capability with internet connection is lost. Available on Windows, iOS, and Android devices.

Administrative Module- Administrative tool for security and access controls, and enterprise configuration. SmartADMIN is a single, centralized enterprise management module that is used to configure and control access to SmartCOP’s Public Safety software suite.

Reporting and Analytics - Analytics, dashboarding, and reporting tools. SmartDATA is an indispensable analytic tool that gathers information from all locations within the CAD, and

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mobile systems. It is used by agency supervisors, analysts, and command staff to Agents/Investigators and extract critical data that public safety agencies use every day. It provides visual tools such as pie charts, crime mapping, reports, etc.

Requisite Interfaces – As part of our proposal and implementation, SmartCOP will deliver requisite interfaces as defined in Exhibit 1 Technical Requirements and Cost Proposal.

Architecture for Primary Hosting and Disaster Recovery Sites –Design and configuration of a CAD Primary, Testing, and Training server environment with Disaster Recovery hosted at a geographically separated data center. SmartCOP will work with NSP to design an infrastructure and network that will meet the goals and objectives, as well as the budget of

NSP.

Professional Services – Deployment of all SmartCOP software, Project Management Services, Business Analysis Review, Hands-On Training for all administrators and staff across all divisions, Go-Live support, installation of contracted interfaces, primary, testing, training, and disaster recovery server configuration, and data conversion services.

Conclusion

Throughout our 25-year existence, each SmartCOP customer has enjoyed many benefits of the SmartCOP solution. Agencies such as the Florida Highway Patrol, Georgia Department of Public Safety, South Carolina Department of Public Safety, and the Montana Highway patrol that have made the transition to the digital age have found that troopers have more time to devote to public safety with a considerable reduction in paperwork making a paperless environment attainable. Not only does SmartCOP’s integrated software solution provide a faster means of accomplishing daily tasks, but it also empowers decision makers with immediate on-demand information.

By partnering with SmartCOP, NSP will have the advantage of working with a partner committed to its customers and their mission. SmartCOP is pleased to have the opportunity to respond to this RPF and looks forward to partnering with the NSP in the future.

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FORM A – BIDDER PROPOSAL POINT OF CONTACT

Form A Bidder Proposal Point of Contact

Request for Proposal Number NSP7149 Z1

Form A should be completed and submitted with each response to this Request for Proposal. This is intended to provide the State with information on the bidder’s name and address, and the specific person(s) who are responsible for preparation of the bidder’s response.

Preparation of Response Contact Information

Bidder Name: SmartCOP, Inc.

Bidder Address:

410 E. Government St.

Pensacola, FL 32502

Contact Person & Title: Michael Snyder, Director Sales/Marketing

E-mail Address: Michael.snyder@smartcop.com

Telephone Number (Office): 850-429-0082

Telephone Number (Cellular): 850-232-4846

Fax Number:

Each bidder should also designate a specific contact person who will be responsible for responding to the State if any clarifications of the bidder’s response should become necessary.

This will also be the person who the State contacts to set up a presentation/demonstration, if required.

Communication with the State Contact Information

Bidder Name: SmartCOP, Inc.

Bidder Address:

410 E. Government St.

Pensacola, FL 32502

Contact Person & Title: Michael Snyder, Director Sales/Marketing

E-mail Address: Michael.snyder@smartcop.com

Telephone Number (Office): 850-429-0082

Telephone Number (Cellular): 850-232-4846

Fax Number:

mailto:Michael.snyder@smartcop.com mailto:Michael.snyder@smartcop.com

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REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

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I-SCOPE OF SERVICE

State of Nebraska - Nebraska State Patrol

REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES

PLEASE READ CAREFULLY!

The State of Nebraska (State), Nebraska State Patrol (NSP), is issuing this Request for Proposal (RFP) Number NSP7149 Z1 for the purpose of selecting a qualified Contractor to provide Computer Aided Dispatch and Mobile Data System for the Nebraska State Patrol. A more detailed description can be found in Section V. The resulting contract may not be an exclusive contract as the State reserves the right to contract for the same or similar services from other sources now or in the future.

The term of the contract will be five (5) years commencing upon execution of the contract by the State and the Contractor. The Contract includes the option to renew for five (5) additional one (1) year periods upon mutual agreement of the Parties. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Parties.

In the event that a contract with the awarded bidder(s) is cancelled or in the event that the State needs additional contractors to supply the solicited services, this RFP may be used to procure the solicited services for up to eighteen (18) months from the date the Intent to Award is posted, provided that 1) the solicited goods or services will be provided by a bidder (or a successive owner) who submitted a bid pursuant to this RFP, 2) the bidder’s proposal was evaluated, and 3) the bidder will honor the bidder’s original proposal, including the proposed cost, allowing for any price increases that would have otherwise been allowed if the bidder would have received the initial award.

ALL INFORMATION PERTINENT TO THIS REQUEST FOR PROPOSAL CAN BE FOUND ON THE

INTERNET AT: https://das.nebraska.gov/materiel/bidopps.html.

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.04, State contracts in effect as of January 1, 2014, and contracts entered into thereafter, must be posted to a public website.

The resulting contract, the Request for Proposal, and the awarded bidder’s proposal and response will be posted to a public website managed by DAS, which can be found at http://statecontracts.nebraska.gov And https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php.

In addition and in furtherance of the State’s public records Statute (Neb. Rev. Stat. § 84-712 et seq.), all proposals or responses received regarding this Request for Proposal will be posted to the State Purchasing Bureau public website.

These postings will include the entire proposal or response. Bidder must request that proprietary information be excluded from the posting. The bidder must identify the proprietary

REQUEST FOR PROPOSAL NUMBER RELEASE DATE

RFP NSP7149 Z1 June 10, 2024

OPENING DATE AND TIME PROCUREMENT CONTACT

July 22, 2024 - 2:00 p.m. Central Time Jason Dean https://das.nebraska.gov/materiel/bidopps.html http://statecontracts.nebraska.gov/ https://www.nebraska.gov/das/materiel/purchasing/contract_search/index.php

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information, mark the proprietary information according to state law, and submit the proprietary information in a separate file named conspicuously as "PROPRIETARY INFORMATION". The bidder should submit a detailed written document showing that the release of the proprietary information would give a business advantage to named business competitor(s) and explain how the named business competitor(s) will gain an actual business advantage by disclosure of information. The mere assertion that information is proprietary or that a speculative business advantage might be gained is not sufficient. (See Attorney General Opinion No. 92068, April 27, 1992). THE BIDDER MAY NOT ASSERT THAT THE ENTIRE

PROPOSAL IS PROPRIETARY. COST PROPOSALS WILL NOT BE CONSIDERED PROPRIETARY

AND ARE A PUBLIC RECORD IN THE STATE OF NEBRASKA. The State will determine, in its sole discretion, if the disclosure of the information designated by the Bidder as proprietary would

1) give advantage to business competitors and 2) serve no public purpose. The Bidder will be notified of the State’s decision. Absent a determination by the State that the information may be withheld pursuant to Neb. Rev. Stat. § 84-712.05, the State will consider all information a public record subject to disclosure.

If the State determines it is required to release withheld proprietary information, the bidder will be informed. It will be the bidder's responsibility to defend the bidder's asserted interest in non-disclosure.

To facilitate such public postings, with the exception of proprietary information, the State of Nebraska reserves a royalty-free, nonexclusive, and irrevocable right to copy, reproduce, publish, post to a website, or otherwise use any contract, proposal, or response to this Request for Proposal for any purpose, and to authorize others to use the documents. Any individual or entity awarded a contract, or who submits a proposal or response to this Request for Proposal, specifically waives any copyright or other protection the contract, proposal, or response to the Request for Proposal may have; and acknowledges that they have the ability and authority to enter into such waiver. This reservation and waiver is a prerequisite for submitting a proposal or response to this Request for Proposal, and award of a contract. Failure to agree to the reservation and waiver will result in the proposal or response to the Request for Proposal being found non-responsive and rejected.

Any entity awarded a contract or submitting a proposal or response to the Request for Proposal agrees not to sue, file a claim, or make a demand of any kind, and will indemnify and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses, sustained or asserted against the State, arising out of, resulting from, or attributable to the posting of the contract or the proposals and responses to the Request for Proposal, awards, and other documents.

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RFP NSP7149 Z1

Accept (Initial)

Reject (Initial)

Reject & Provide

Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

Exception: Proposer requests notification of any requests for public disclosure of any of Proposer’s proposals, responses, inquiries or correspondence related to this RFP prior to the Customer making said disclosure. Proposer further requests that any trade secrets, confidential or proprietary information of Proposer’s not be disclosed, unless requested under court order, including but not limited to Proposer’s software, know-how and implementation procedures.

See separate attachment -Proprietary Information for a list of all sections and text in this proposal that SmartCOP deems proprietary and not to be shared with competitors.

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II - TERMS AND CONDITIONS

TERMS AND CONDITIONS

Bidders should complete Sections II thru VI as part of their proposal. Bidder is expected to read the Terms and Conditions and should initial either accept, reject, or reject and provide alternative language for each clause. The bidder should also provide an explanation of why the bidder rejected the clause or rejected the clause and provided alternate language. By signing the Request for Proposal, bidder is agreeing to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the proposal. The State reserves the right to negotiate rejected or proposed alternative language. If the State and bidder fail to agree on the final Terms and Conditions, the State reserves the right to reject the proposal. The State of Nebraska is soliciting proposals in response to this Request for Proposal. The State of Nebraska reserves the right to reject proposals that attempt to substitute the bidder’s commercial contracts and/or documents for this Request for Proposal.

The bidders should submit with their proposal any license, user agreement, service level agreement, or similar documents that the bidder wants incorporated in the Contract. The State will not consider incorporation of any document not submitted with the bidder’s proposal as the document will not have been included in the evaluation process. These documents shall be subject to negotiation and will be incorporated as addendums if agreed to by the Parties.

If a conflict or ambiguity arises after the Addendum to Contract Award have been negotiated and agreed to, the Addendum to Contract Award shall be interpreted as follows:

1. If only one Party has a particular clause, then that clause shall control,

2. If both Parties have a similar clause, but the clauses do not conflict, the clauses shall be read together,

3. If both Parties have a similar clause, but the clauses conflict, the State’s clause shall control.

Accept

Reject (Initial)

Reject & Provide

Alternative within RFP Response

Exception: Proposer takes exception to the following sentence contained in the first paragraph of the Section II. Terms and Conditions: “By signing the Request for Proposal, bidder is agreeing to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the proposal.” Proposer wishes to clarify that Proposer’s submission of a proposal and signature of RFP documents shall constitute acceptance of, and intent to comply with, all of the RFP’s requirements, instructions, terms and conditions subject to Proposer’s exceptions and required modifications. Proposer expects that any contract resulting from this RFP process will be duly negotiated.

See Appendix A SmartCOP Software License and Services Agreement.

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RFP NSP7149 Z1

A. GENERAL

Accept (Initial)

Reject (Initial)

Reject & Provide

Alternative within RFP Response

Exception: Proposer anticipates that the resultant agreement shall be based on Proposer’s and industry norm standard agreements for software licensing and maintenance or SaaS agreements, as applicable, and that the resultant agreement between the Proposer and Customer should include provisions typically seen in these types of software agreements, including: appropriate licensing terms, limitation of liability (which will be at one (1) times the contract value, will apply to indemnities, and shall not include damages related to indirect, consequential, special or aggravated), warranty (as per the restrictions above), license use and restrictions (such as copying restrictions, User restrictions and reverse engineering type restrictions), mutually acceptable acceptance terms, payment terms (including the use of milestones for payment and license fees paid up front), maintenance terms, approved Statements of Work, and other provisions typical in software license/support/service and SaaS agreements and that the absence of any clauses in Customer’s RFP will not affect Proposer’s ability to negotiate such clauses and to make necessary modifications to include such clauses.

Language in ADA that talks about public safety software – typically its exempt from that.

1. The contract resulting from this Request for Proposal shall incorporate the following documents:

a. Request for Proposal, including any attachments and addenda;

b. Amendments to the Request for Proposal;

c. Questions and Answers;

d. Bidder’s properly submitted proposal, including any terms and conditions or agreements submitted by the bidder; and

e. Amendments and Addendums to the Contract.

These documents constitute the entirety of the contract.

Unless otherwise specifically stated in a future contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document:

1) Amendment or Addendum to the executed Contract with the most recent dated amendment or addendum having the highest priority, 2) Amendments to the Request for Proposal, 3) Questions and Answers, 4) the original Request for Proposal document and any Addenda or attachments, and 5) the Contractor’s submitted Proposal, including any terms and conditions or agreements that are accepted by the State.

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Unless otherwise specifically agreed to in writing by the State, the State’s standard terms and conditions, as executed by the State, shall always control over any terms and conditions or agreements submitted or included by the Contractor.

Any ambiguity or conflict in the contract discovered after its execution, not otherwise addressed herein, shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska.

B. NOTIFICATION

Accept (Initial)

Reject (Initial)

Reject & Provide

Alternative within RFP Response

Bidder and State shall identify the contract manager who shall serve as the point of contact for the executed contract.

Communications regarding the executed contract shall be in writing and shall be deemed to have been given if delivered personally; electronically, return receipt requested; or mailed, return receipt requested. All notices, requests, or communications shall be deemed effective upon receipt.

Either party may change its address for notification purposes by giving notice of the change and setting forth the new address and an effective date.

C. BUYER’S REPRESENTATIVE

The State reserves the right to appoint a Buyer's Representative to manage or assist the Buyer in managing the contract on behalf of the State. The Buyer's Representative will be appointed in writing, and the appointment document will specify the extent of the Buyer's Representative authority and responsibilities. If a Buyer's Representative is appointed, the bidder will be provided a copy of the appointment document and is expected to cooperate accordingly with the Buyer's Representative. The Buyer's Representative has no authority to bind the State to a contract, amendment, addendum, or other change or addition to the contract.

D. GOVERNING LAW (Nonnegotiable)

Notwithstanding any other provision of this contract, or any amendment or addendum(s) entered into contemporaneously or at a later time, the parties understand and agree that, (1) the State of Nebraska is a sovereign state and its authority to contract is therefore subject to limitation by the State’s Constitution, statutes, common law, and regulation; (2) this contract will be interpreted and enforced under the laws of the State of Nebraska; (3) any action to enforce the provisions of this agreement must be brought in the State of Nebraska per state law; (4) the person signing this contract on behalf of the State of Nebraska does not have the authority to waive the State's sovereign immunity, statutes, common law, or regulations; (5) the

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indemnity, limitation of liability, remedy, and other similar provisions of the final contract, if any, are entered into subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity; and, (6) all terms and conditions of the final contract, including but not limited to the clauses concerning third party use, licenses, warranties, limitations of liability, governing law and venue, usage verification, indemnity, liability, remedy or other similar provisions of the final contract are entered into specifically subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity.

The Parties must comply with all applicable local, state, and federal laws, ordinances, rules, orders, and regulations.

E. DISCOUNTS

Accept (Initial)

Reject (Initial)

Reject & Provide

Alternative within RFP

Response

Prices quoted shall be inclusive of ALL trade discounts. Cash discount terms of less than thirty (30) days will not be considered as part of the proposal. Cash discount periods will be computed from the date of receipt of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, whichever is later.

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F. PRICES

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP

Response

Exception: Proposer requests that the price increase ceiling be five percent (5%) and requests the following modifications:

Alternate Language

Prices quoted shall be net, including transportation and delivery charges fully prepaid by the bidder, F.O.B. destination named in the Request for Proposal. No additional charges will be allowed for packing, packages, or partial delivery costs. When an arithmetic error has been made in the extended total, the unit price will govern.

All prices, costs, and terms and conditions submitted in the proposal shall remain fixed and valid commencing on the opening date of the proposal until an award is made or the Request for Proposal is cancelled.

Prices submitted on the cost proposal form, once accepted by the State, shall remain fixed for the first five (5) years of the contract. Any request for a price increase subsequent to the five (5) years of the contract shall not exceed five three percent (53 %) of the price proposed for the period.

Increases shall not be cumulative and will only apply to that period of the contract. The request for a price increase must be submitted in writing to the Nebraska State Patrol a minimum of 120 days prior to the end of the current contract period. Documentation may be required by the State to support the price increase.

The State reserves the right to deny any requested price increase. No price increases are to be billed to any State Agencies prior to written amendment of the contract by the parties.

The State will be given full proportionate benefit of any decreases for the term of the contract.

Prices quoted shall be net, including transportation and delivery charges fully prepaid by the bidder, F.O.B. destination named in the Request for Proposal. No additional charges will be allowed for packing, packages, or partial delivery costs. When an arithmetic error has been made in the extended total, the unit price will govern.

All prices, costs, and terms and conditions submitted in the proposal shall remain fixed and valid commencing on the opening date of the proposal until an award is made or the Request for Proposal is cancelled.

Prices submitted on the cost proposal form, once accepted by the State, shall remain fixed for the first five (5) years of the contract. Any request for a price increase subsequent to the five (5) years of the contract shall not exceed three percent (3 %) of the price proposed for the period. Increases shall not be cumulative and will only apply to that period of the contract. The request for a price increase must be submitted in writing to the Nebraska

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State Patrol a minimum of 120 days prior to the end of the current contract period.

Documentation may be required by the State to support the price increase.

The State reserves the right to deny any requested price increase. No price increases are to be billed to any State Agencies prior to written amendment of the contract by the parties.

The State will be given full proportionate benefit of any decreases for the term of the contract.

G. BEGINNING OF WORK & SUSPENSION OF SERVICES

Accept (Initial)

Reject (Initial)

Reject & Provide

Alternative within RFP Response

The bidder shall not commence any billable work until a valid contract has been fully executed by the State and the successful Contractor. The Contractor will be notified in writing when work may begin.

The State may, at any time and without advance notice, require the Contractor to suspend any or all performance or deliverables provided under this Contract. In the event of such suspension, the Contract Manager or POC, or their designee, will issue a written order to stop work. The written order will specify which activities are to be immediately suspended and the reason(s) for the suspension. Upon receipt of such order, the Contractor shall immediately comply with its terms and take all necessary steps to mitigate and eliminate the incurrence of costs allocable to the work affected by the order during the period of suspension. The suspended performance or deliverables may only resume when the State provides the Contractor with written notice that such performance or deliverables may resume, in whole or in part.

H. AMENDMENT

This Contract may be amended in writing, within scope, upon the agreement of both parties.

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I. CHANGE ORDERS OR SUBSTITUTIONS

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response

The State and the Contractor, upon the written agreement, may make changes to the contract within the general scope of the Request for Proposal. Changes may involve specifications, the quantity of work, or such other items as the State may find necessary or desirable. Corrections of any deliverable, service, or work required pursuant to the contract shall not be deemed a change. The Contractor may not claim forfeiture of the contract by reasons of such changes.

The Contractor shall prepare a written description of the work required due to the change and an itemized cost sheet for the change. Changes in work and the amount of compensation to be paid to the Contractor shall be determined in accordance with applicable unit prices if any, a pro-rated value, or through negotiations. The State shall not incur a price increase for changes that should have been included in the Contractor’s proposal, were foreseeable, or result from difficulties with or failure of the Contractor’s proposal or performance.

No change shall be implemented by the Contractor until approved by the State, and the Contract is amended to reflect the change and associated costs, if any. If there is a dispute regarding the cost, but both parties agree that immediate implementation is necessary, the change may be implemented, and cost negotiations may continue with both Parties retaining all remedies under the contract and law.

***Contractor will not substitute any item that has been awarded without prior written approval of Nebraska State Patrol***

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J. RECORD OF VENDOR PERFORMANCE

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Reject (Initial)

Reject & Provide Alternative within RFP

Response

The State may document the vendor’s performance, which may include, but is not limited to, the customer service provided by the vendor, the ability of the vendor, the skill of the vendor, and any instance(s) of products or services delivered or performed which fail to meet the terms of the purchase order, contract, and/or Request for Proposal specifications. In addition to other remedies and options available to the State, the State may issue one or more notices to the vendor outlining any issues the State has regarding the vendor’s performance for a specific contract (“Vendor Performance Notice”). The State may also document the Vendor’s performance in a report, which may or may not be provided to the vendor (“Vendor Improvement Request”). The Vendor shall respond to any Vendor Performance Notice or Vendor Improvement Request in accordance with such notice or request. At the sole discretion of the State, such Vendor Performance Notices and Vendor Improvement Requests may be placed in the State’s records regarding the vendor and may be considered by the State and held against the vendor in any future contract or award opportunity.

K. CORRECTIVE ACTION PLAN

If Contractor is failing to meet the Scope of Work, in whole or in part, the State may require the Contractor to complete a corrective action plan (“CAP”). The State will identify issues with the Contractor’s performance and will set a deadline for the CAP to be provided. The Contractor must provide a written response to each identified issue and what steps the Contractor will take to resolve each issue, including the timeline(s) for resolution. If the Contractor fails to adequately provide the CAP in accordance with this section, fails to adequately resolve the issues described in the CAP, or fails to resolve the issues described in the CAP by the relevant deadline, the State may withhold payments and exercise any legal remedy available.

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L. NOTICE OF POTENTIAL CONTRACTOR BREACH

Accept (Initial)

Reject (Initial)

Reject & Provide

Alternative within RFP Response

Exception: Proposer takes exception to section L and requests its deletion in its entirety. Proposer welcomes the opportunity to discuss Customer’s concerns in relation to section L further. In particular, if selected, Proposer also requests further clarification and example as to how section L would operate in practice.

If Contractor breaches the contract or anticipates breaching the contract, the Contractor shall immediately give written notice to the State. The notice shall explain the breach or potential breach, a proposed cure, and may include a request for a waiver of the breach if so desired. The State may, in its discretion, temporarily or permanently waive the breach.

By granting a waiver, the State does not forfeit any rights or remedies to which the State is entitled by law or equity, or pursuant to the provisions of the contract. Failure to give immediate notice, however, may be grounds for denial of any request for a waiver of a breach.

M. BREACH

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Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response

Exception: Proposer reserves the right to further discuss and negotiate this section with Customer. Proposer takes exception to Customer’s ability to terminate immediately and requests the deletion of the sentence that states Customer’s allowance of a cure period does not constitute waiver of such right. Proposer further takes exception to Proposer providing cost of cover in respect of Customer contracting for the service from other sources. Finally, Proposer takes exception to the last sentence of section M and requests its deletion. As such, Proposer requests the following modifications:

Alternative Language

Either Party may terminate the contract, in whole or in part, if the other Party breaches its duty to perform its obligations under the contract in a timely and proper manner. Termination requires written notice of default and a thirty (30) calendar day (or longer at the non-breaching Party’s discretion considering the gravity and nature of the default) cure period.

Said notice shall be delivered by email to the contractor’s point of contact with acknowledgement from the contractor, Certified Mail - Return Receipt Requested, or in person with proof of delivery. Allowing time to cure a failure or breach of contract does not waive the right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the Contractor, the State may contract the service from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

The State’s failure to make payment shall not be a breach, and the Contractor shall retain all available statutory remedies and protections.

Either Party may terminate the contract, in whole or in part, if the other Party breaches its duty to perform its obligations under the contract in a timely and proper manner.

Termination requires written notice of default and a thirty (30) calendar day (or longer at the non-breaching Party’s discretion considering the gravity and nature of the default) cure period. Said notice shall be delivered by email to the contractor’s point of contact with acknowledgement from the contractor, Certified Mail - Return Receipt Requested, or in person with proof of delivery. Allowing time to cure a failure or breach of contract does not waive the right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the Contractor, the State may contract the service from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

The State’s failure to make payment shall not be a breach, and the Contractor shall retain all available statutory remedies and protections.

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N. NON-WAIVER OF BREACH

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response

The acceptance of late performance with or without objection or reservation by a Party shall not waive any rights of the Party nor constitute a waiver of the requirement of timely performance of any obligations…