RFP 24_013 Two Way Radios_.pdf

REQUEST FOR PROPOSALS #24-013

Two-Way Police Radio Lease

NON-MANDATORY PRE-PROPOSAL MEETING:

December 13, 2023, 11:00 a.m. EST

VIA ZOOM

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Passcode: K6qKVp One tap mobile

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+1 646 558 8656 US (New York) Meeting ID: 814 643 4147

Passcode: 495973

Proposals are due:

January 4 2024, no later than 2:00 p.m. EST

Firms offering responses to this RFP (“Offeror(s)”) shall submit sealed proposals (“Proposal(s)”) to be received by the City of Sandy Springs (“City”) no later than January 4, 2024, 2:00 p.m. EST. The City will only accept online submissions for this RFP through the Bonfire Portal at https://sandysprings.bonfirehub.com/projects/view/113598

(“Bonfire”). Any Proposal submitted in any other format (e-mail, paper, fax, mail, etc.) will not be accepted for any reason.

General Information:

1. All communications regarding this procurement must be with the assigned Procurement Officer, Edward

McAdoo III, purchasing@sandyspringsga.gov.

2. All questions or requests for clarification must be sent via Bonfire under Message Opportunity Q&A:

https://sandysprings.bonfirehub.com/projects/view/113598. Questions are due no later than December 20, 2023, 5:00 p.m. EST. Questions received after this date and time may not be answered.

3. Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information regarding this procurement will be posted on Bonfire at https://sandysprings.bonfirehub.com/projects/view/113598. It is the Offeror’s responsibility to check Bonfire for any addenda or other communications related to this procurement.

https://sandysprings.bonfirehub.com/projects/view/ https://sandysprings.bonfirehub.com/projects/view/17847

4. The form of contract (“Contract”) the City intends to execute with the selected Offeror is included as

Attachment A for review. Offerors are urged to read this Contract carefully, including exhibits, prior to submitting a Proposal. In general, the City is unable to negotiate or revise contract provisions. If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the

Offeror must address these concerns in writing during the question and answer period. The Procurement Officer will review and determine the appropriate response. If the City determines a change is warranted; an addendum will be posted to this RFP. If an Offeror is unwilling to execute the Contract, whether modified by addendum or not, a Proposal should not be submitted.

4. The City reserves the right to reject all Proposals and to waive technicalities and informalities, and to make award in the best interest of the City.

5. An Offeror’s RFP Checklist is provided for your convenience below. This checklist is provided for assistance only and should not be submitted with the Proposal.

6. The City is not responsible for any technical difficulties. It is highly recommended that all Offerors submit their Proposals prior to the due date of this solicitation.

TABLE OF CONTENTS

PROPOSAL SIGNATURE AND CERTIFICATION

CORPORATE CERTIFICATE

OFFEROR’S RFP CHECKLIST

SECTION 1: BACKGROUND

SECTION 2: SCOPE OF SERVICES

SECTION 3: SUBMITTALS

SECTION 4: CONTENTS OF PROPOSALS, CRITERIA EVALUATION AND SELECTION PROCESS

SECTION 5: PRE-PROPOSAL INQUIRIES

SECTION 6: COMMUNICATIONS

SECTION 7: SCHEDULE OF EVENTS

SECTION 8: TERMS AND CONDITIONS

SECTION 9: ATTACHMENTS

Attachment A: CONTRACT, which includes all Exhibits attached thereto including:

• Scope of Services and/or Contractor Proposal

• Fee Schedule

• Certification of Contractor - Georgia Security and Immigration Compliance Act

• Certification of Consultant - Drug-Free Workplace

• Affidavit Verifying Status for City Public Benefit Application

• Contractor Affidavit Under O.C.G.A. § 13-10-91(b)(1)

• Insurance Requirements

• Notice to Contractors - Compliance with Title VI of the Civil Rights Act of 1964

PROPOSAL SIGNATURE AND CERTIFICATION

I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Proposal (“Offeror”) for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this

Proposal and certify that I am authorized to sign this Proposal for the undersigned Offeror. I further certify that the undersigned Offeror has not violated the provisions of O.C.G.A. § 45-10-20, et seq. and will not violate them in any respect.

Authorized Signature for Offeror: ______________________________________________________________

Date: ______________________________________________________________

Print/Type Name: ______________________________________________________________

Print/Type Offeror Name Here: ______________________________________________________________

Company Name: ______________________________________________________________

CORPORATE CERTIFICATE

I, ____________________________________, certify that: I am the _________________ of the entity named as

Offeror in the foregoing Proposal; that ______________________________________________, who signed said

Proposal on behalf of the Offeror, was then (title) __________________ of said entity; that said Proposal was duly signed for and in behalf of said entity by authority of its governing body, and is within the scope of its corporate powers; that said entity is duly authorized to do business in the State of Georgia.

This _____________ day of ___________________________, 2024.

(Signature)

(Seal)

Corporate Name: _____________________________________________________ d/b/a: _____________________________________________________

OFFEROR’S RFP CHECKLIST

9 Critical Things to Keep in Mind When Responding to an RFP for the City of Sandy Springs

1. _______ Read the entire document. Note critical items such as: supplies/services required; submittal dates; number of copies required for submittal; contract requirements, if any (e.g. bonding and insurance requirements).

2. _______ Note the Procurement Officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information.

3. _______ Attend the pre-Proposal meeting. These meetings provide an opportunity to ask questions, obtain a better understanding of the procurement, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. This meeting is voluntary, but all potential Offerors are strongly encouraged to attend.

4. _______ Take advantage of the “question and answer” period. Submit your questions to the

Procurement Officer by the due date listed in the RFP and view the answers given in any formal “addenda” issued for the RFP. All addenda issued for an RFP will be distributed by e-mail to Offerors.

5. _______ Follow the format required in the RFP when preparing a Proposal. Provide point-by-point responses to all sections in a clear and concise manner.

6. _______ Provide complete answers/descriptions. Read and answer all questions and requirements.

Don’t assume the City or Evaluation Committee will know what your capabilities are or what items/services you can provide, even if you have previously contracted with the City.

Proposals are evaluated based on the information and materials provided in response to the RFP.

7. _______ Use the forms provided, with the RFP, if any.

8. _______ Review the RFP document again to make sure that you have addressed all requirements.

9. _______ Submit the Proposal on time. Note all the dates and times listed in this RFP and be sure to submit all required items on time. Late Proposals will not be accepted.

This checklist is provided for assistance only and should not be submitted with your Proposal.

SECTION 1: INTRODUCTION

General Information About the City Sandy Springs is the sixth-largest city in Georgia and approximately thirty-eight (38) square miles with a diverse population of nearly 110,000. Despite the big-city numbers and strong corporate presence, there is still a small-town feel. Residents and business owners share this sentiment, reflecting their positive relationships with public safety personnel. The City has a unique blend of urban energy and southern hospitality. It is known for its excellent schools, both public and private, with access to the metropolitan area’s top medical facilities, vibrant restaurants, and great shopping. Exceptional response time times by police officers, firefighters, and emergency medical technicians make the city a safe place to live and work. Money, Inc. included Sandy Springs on its list of the “20 Safest Places to Live in Georgia.” Sandy Springs is a dynamic community where everyone is welcome.

The City was incorporated on December 1, 2005 and the Sandy Springs Police Department was established July 1, 2006, and serves the community with 151 sworn officers. The department is comprised of three commands – Field Operations, Support, and Investigation and Administration. In addition to the Patrol Unit, each command includes specialty units, such as Street Crimes Unit, Traffic Unit, Records/GCIC Unit, Criminal Intelligence Unit, Technology Unit and Crime Scene Investigation Unit, Criminal Investigative Unit, Training Unit and Narcotics and Vice Unit to support patrol functions. The Sandy Springs Police Department also has several specialty vehicles and equipment including the River Patrol Unit boat, river rescue kayaks, multi-agency Mobile Command Post, Electric Motorcycles, SWAT and QRF Equipment trucks, TRV trucks, and an armored personnel vehicle for tactical response.

SECTION 2: SPECIFICATIONS AND SCOPE OF SERVICES

Currently, the City of Sandy Springs Police Department operates 211 portable two-way radios on the North

Fulton Radio System and is a member of the North Fulton Regional Radio System Authority (NFRRSA). The

NFRRSA operates with a System Type that is Project 25 Phase II, the system voice is APCO-25 Common Air

Interface Exclusive. The purpose of this document is to obtain proposals and pricing required to replace approximately 211 portable radios and accessories with radios containing P25 Phase 1 and 2 technology, with accessories. The City is seeking a turnkey solution, that will incorporate all needs into the existing infrastructure.

Radio Quantities:

• Approximately 211 portable radios

• Approximately 250 police shoulder microphones

• Approximately 250 listen only ear pieces

• Approximately 450 lithium batteries (Lithium ion/Polymer

• Approximately 10 multi-unit portable chargers

• Approximately 150 desktop single-unit charges

• Approximately 20 single-unit vehicle chargers

Minimum Requirements

a) All portable radios shall include Project 25 CAI (Common Air Interface), P25 Trunked and Conventional

System Protocols, P25 OTAR (Over-The-Air-Rekeying) and OTAP (Over-The-Air-Programming). Radio shall be able to connect to existing NFRRSA infrastructure without additional backend equipment. Encryption keys capable of being loaded locally with existing NFRRSA keyloaders.

b) All portable radios must at least meet MIL-STD-810C, MIL-STD-810D, MIL-STD-810E, MIL-STD-810F, MIL-

STD-810G for exposure to high and low temperatures, humidity, low pressure, moisture, shock, temperature shock, vibration, etc. unless otherwise noted in this RFP;

c) All portable radios shall support a minimum of 1000 zone/channel/talk groups;

d) All portable radios shall support a minimum of 20 P25 Phase 1 and Phase 2, multizone/multi-site, 700/800 trunked systems.

e) All portable radios shall be capable of being programmed for automatic “roaming” between a minimum of 20 P25 trunked radio systems using existing NFRRSA infrastructure without additional backend equipment.

f) All portable radios shall be equipped with a priority scan feature with two levels of priority and be set up with the selected channel or talk group as priority one and priority two being operator selectable;

g) All portable radios shall have an emergency button/man down feature, capable of being transmitted to dispatchers while roaming on foreign systems.

h) All portable radios used within the police department shall be equipped with minimum: ADP, AES-256 encryption supporting a minimum of 1024 encryption keys per radio, encryption algorithm capacity of 8, common key interface capacity of 64.

i) All portable radios shall include Bluetooth and LTE (FirstNet) connectivity. Radio shall automatically connect via LTE to existing NFRRSA resources for talkgroup backup.

j) All portable radios shall include GPS technology.

Accessories

Provide a parts list of all accessories, options, and additional features your company makes available for the portable radio being proposed and pricing of these accessories to include quantity discounts, if applicable. This includes, but is not limited to, remote speaker microphones, remote speaker microphones with GPS technology, headsets, single unit chargers, multi-unit chargers, vehicle chargers, mobile vehicle adapters, holsters/carry cases, belt clips, batteries, replacement antennas, etc.;

Provide a parts list of all accessories, options, and additional features your company makes available for the portable radio being proposed and pricing of these accessories to include quantity discounts, if applicable. This includes, but is not limited to, handheld control head microphone, siren options, headset systems, GPS technology, low profile antennas, etc.

Programming Cost

What are your fees for programming portable radios upon initial purchase of the radios. What are your fees to reprogram portable radios after the initial purchase and set-up? Please provide the part number and pricing of the software and programming cables needed for the P25 phase 2 radios proposed by your organization.

Warranty

All equipment shall be warranted during the course of the five-year lease agreement. The warranty shall commence on the date the equipment is put into service.

Warranty shall cover all parts, labor, freight associated with repairs and/or replacement of defective equipment.

If the warranty offered is not inclusive, which repairs, parts, parts and labor are not covered by the warranty. If a extended warranty plan is offered, what will it entail, please include costing options in the cost proposal.

Repair and Maintenance

Does the potential proposer provide technical assistance center/repair shop that provides knowledge and experienced specialist(s) to provide technical support on training, maintenance, operation, troubleshooting support for the equipment to be leased. If your repair shop is not within 10 miles of the City of Sandy Springs, please indicate how you will handle repairs to the portable radios? Are some of these functions provided through a virtual presence? If the radios are picked up for repairs will there be an extra charge for these services? If so, how much and please include your cost proposal? If a repair technician is sent to Sandy Springs Police Department headquarters for repairs will there be an extra charge for those services? Please include your cost proposal. What types of repairs and services are not covered under the warranty and or extended warranty?

Additional Services and or Support

Please provide any other information about your company and products you feel are beneficial to the City and list any equipment specifications, services and or support your company offers that could benefit the City of Sandy Springs on a daily, monthly, quarterly, or, annual basis. Be sure to list the exact name and option/part number, if applicable along with supporting cost. Please provide any additional costing associated with the additional services/support in the Cost proposal.

Interviews

Should your company be chosen as a finalist, you should be prepared to give a one (1) hour presentation and demonstration of appropriate required equipment. Each company chosen as a finalist will be required to provide a minimum of eight (8) test portable radios, programmed to operate on the North Fulton Regional Radio Authority system, for a period of not less than 30 days.

SECTION 3: SUBMITTALS

Proposals shall be submitted through Bonfire at:

https://sandysprings.bonfirehub.com/opportunities/113598 no later than 2:00 p.m. EST on January 4, 2024.

A Proposal received after this date and time or at any other location will not be accepted or considered. The City is not responsible for delays caused for any reason. It is the Offeror’s sole responsibility to submit its Proposal before the required deadline. Hard copy, electronic and facsimile submittals will not be accepted.

SECTION 4: CONTENTS OF PROPOSAL, EVALUATION

The RFP will enable the City to gather additional information and identify qualified firms to perform the Scope of Services described in Section 3. The City will conduct a comprehensive, fair and impartial evaluation of all Proposals received. An evaluation committee (“Evaluation Committee”) will be established by the City to evaluate Proposals. The City reserves the right, among others, to determine that no qualified Proposals have been received and reject all Proposals.

https://sandysprings.bonfirehub.com/opportunities/80759

CONTENTS OF PROPOSAL

A Proposal shall contain two (2) components: a Technical Proposal; and a Cost Proposal. The Technical Proposal and Cost Proposal shall contain the information described below. They must be submitted separately. It is not necessary or desirable to prepare an elaborate or extensive Proposal for this Project; detailed brochures, documentation, artwork, or other superfluous embellishments are unnecessary and are, in fact, discouraged.

For the City of Sandy Springs to adequately compare and evaluate proposals, all proposals must be submitted in accordance with the format detailed in the following pages.

A. Technical Proposal Requirements:

Cover Letter: (One page) The letter should designate the proposing firm and be signed by authorized company officer. The letter should address the firm’s willingness and commitment to provide the proposed services and why the firm believes it should be selected. No pricing information shall be included in this section.

Table of Contents: (One page) Table of Contents should follow the RFP format.

Company Overview: (Two pages) Provide a general overview of company, how long the company has been in business, customer service philosophy, and identification of the primary office which will be supporting the City of Sandy Springs.

Project Understanding and Approach: (Six pages) Provide a description of the Firm’s understanding and approach for the proposed Services as outlined in the RFP. Please provide the Firm’s fit to the Services and/or needs of the Owner, any special or unique qualifications, and any techniques or methodologies offered by the firm that may be particularly suitable for the Services.

Project Personnel: (Four Pages) Provide information on personnel to be assigned to this project for the Prime as well as the key personnel of the sub-consultants. Personnel should have experience necessary to complete the proposed work. Resumes for key staff shall be included in the Appendix, please highlight experience that pertains to the project manager.

The Appendix will not count toward the page limit. If following the award, personnel changes, the City shall be provided the resumes of proposed staff prior to assignment.

Similar Experience: (Six pages) Provide three (3) project references that demonstrate that the firm(s) and personnel have experience and expertise with the subject matter and have demonstrated performance of work that is similar in type and scope to requested Services within the last five (5) years. Include a project description, location, cost, status, and client contact information. Identify key project team staff for each project reference.

B. Evaluation Criteria

Proposals will be scored and ranked based upon how well the Offeror demonstrates its knowledge and understanding of the evaluation criteria described herein. The City reserves the right to short list and conduct interviews should the need arise to complete the selection process. The City may award contracts to more than one firm.

The Technical Proposal evaluation criteria consists of the following: Schedule and Statement of Work, Project Personnel, and Similar Experience. The score of the Technical Proposal totals a possible maximum of ninety (90) points.

The following factors will be considered during the evaluation:

TECHNICAL

PROPOSAL CRITERIA

DESCRIPTION POINTS

Schedule and

Statement of Work

Include a schedule and work plan in sufficient detail to determine how each task shall be accomplished. The work plan should describe how the

Offeror proposes to complete the Project, shall be sufficiently detailed to highlight the effectiveness of the Proposal and should spell out how this work can be performed in a cost-effective manner. A schedule for timely completion of the scope of services shall be included.

Project Personnel Provide information on the Project Manager and personnel to be assigned to this Project for the Offeror as well as any subcontractors. Personnel should have experience necessary to complete the requirements of the

Project.

Similar Experience Demonstrate that the Offeror and personnel have experience and expertise with the subject matter and have demonstrated performance of work that is similar in type and scope to the Project. The Offeror shall submit a minimum of three (3) projects of similar scope completed in the last five (5) years. Include project description, location, cost, status, and client contact information. The projects should reflect offeror’s experience in two-radio deployments to government municipalities

Cost Proposal

A Cost Proposal shall demonstrate competitive and innovative pricing sheet that incorporates all direct and indirect costs associated with the

Project. The Cost Proposal shall be provided in Bonfire.

Total Points 100

C. Cost Proposal

Cost Proposals will be reviewed for reasonableness and realism against the City’s independent assessment following evaluation of Technical Proposals.

Cost Proposals will be reviewed for reasonableness and realism against the City’s independent assessment following evaluation of Technical Proposals. The fee proposal shall be submitted separately in Bonfire.

Cost Proposals will be evaluated for technically qualified Offerors after the Technical Proposal evaluation is completed. The Cost Proposal is rated by giving the Proposal with the lowest cost the maximum number of points available (10 points).

Selection Process

1. Interviews

Should your company be chosen as a finalist, you should be prepared to give a one (1) hour presentation and demonstration of appropriate required equipment. Each company chosen as a finalist will be required to provide a minimum of eight (8) test portable radios, programmed to operate on the North Fulton Regional Radio Authority system, for a period of not less than 30 days.

2. Final Approval

The Evaluation Committee will make a recommendation for award, but Mayor and City Council shall have final approval of any award resulting from this solicitation.

3. Negotiation and Best and Final Offer

a. If the City deems it is in its best interest to retain the services of one (1) or more Offerors, it reserves the right to negotiate a revised scope and/or fees. Negotiations will encompass all phases of work, including but not limited to, any other items the City deems appropriate.

b. If negotiations are successful, the City and the highest-ranking Offeror will enter into a contract to provide the services outlined in this RFP. If an acceptable agreement cannot be reached between the City and the highest-ranking Offeror, the City may choose to negotiate with other Offeror(s).

c. Qualified firms submitting Proposals may be required to submit financial statements for a minimum of two

(2) recording periods prior to contract award.

d. Separate meetings with more than one (1) Offeror may be conducted during the same timeframe; however, negotiation sessions with an Offeror will not be held in the presence of another Offeror.

e. Offerors submitting Proposals should be aware that the Evaluation Committee has sole discretion to determine what offer is in the best interest of the City. Consequently, Offerors are urged to submit the best possible terms in their original submittal.

f. The City reserves the right to request a best and final offer from top ranking Offerors. A best and final offer is an Offeror’s response to the City’s request for the last and most attractive offer to secure a contract for the Project.

SECTION 5: PRE-SUBMITTAL INQUIRIES

All questions or requests for clarification shall be sent via Bonfire under Message - Opportunity Q&A:

https://sandysprings.bonfirehub.com/projects/view/113598 or directed to: purchasing@sandyspringsga.gov.

Questions are due no later than December 20, 2023, 5:00 pm EST. Questions received after this date and time may not be answered.

Questions and clarifications will be answered in the form of an addendum. Any addenda, schedule changes and other important information regarding this procurement will be posted on Bonfire at:

https://sandysprings.bonfirehub.com/projects/view/113598

It is the Offeror’s responsibility to check Bonfire frequently for any addenda or other communications related to this procurement.

https://sandysprings.bonfirehub.com/projects/view/

SECTION 6: COMMUNICATIONS

Questions or comments regarding this procurement shall be submitted in writing via e-mail to the Procurement Officer ONLY (see address below). The Offeror shall clearly reference the sections and page numbers of the RFP which are applicable to the question(s) or comment(s) submitted.

Note: Oral questions will not be accepted due to the possibility of misunderstanding or misinterpretation.

Offerors are encouraged to submit questions or comments by no later than December 20, 2023, 5:00 p.m. EST, to allow for analysis and dissemination of the City's responses in advance of the Proposal due date. Questions received after this date and time may not be answered.

The principal point of contact for this procurement is the Procurement Officer, Edward McAdoo III, for the City.

Mr. McAdoo can be reached via e-mail at purchasing@sandyspringsga.gov. Until a firm is selected and the selection is announced regarding the procurement, elected officials, Evaluation Committee members, employees of the City, and contracted personnel receiving information and documents regarding this procurement are not allowed to communicate regarding the procurement for any reason with any potential or interested contractors, vendors, City staff, or contracted personnel except through the City's Procurement Officer or designated successor.

For violation of this restriction, the City reserves the right to reject the Proposal of any potential or interested contractor or vendor who knowingly participates in such violation. Any City staff or elected officials who violate this restriction acknowledge such conduct may result in an ethics violation pursuant to the City's ethics ordinance and/or disqualification from further participation in, or briefing on, the procurement. All communications concerning this procurement must be directed to the Procurement Officer named in this procurement.

SECTION 7: SCHEDULE OF EVENTS*

EVENT DATE

RFP Released November 29, 2023

Pre-Proposal Meeting December 13, 2023

Deadline for Receipt of Inquiries December 20, 2023

Proposal Due Date January 4, 2024

Proposal Evaluations Completed TBD

Presentations/Interviews TBD

Final Selection TBD

*This proposed schedule of events is informational and is subject to change at the discretion of the City.

SECTION 8: TERMS AND CONDITIONS

All Proposals and supporting materials as well as correspondence relating to this procurement become property of the City when received. Any proprietary information contained in the Proposal shall be so indicated; however, a general indication that the entire contents, or a major portion, of the Proposal is proprietary will not be honored.

The following terms and conditions shall also apply:

A. All applicable federal and State of Georgia laws and City of Sandy Springs ordinances, licenses and regulations of all agencies having jurisdiction shall apply to Offerors throughout and are incorporated herein.

B. Gratuities, Rebates, or Kickbacks.

a. Gratuities. It is prohibited for any person to offer, give, or agree to give any City

Representative, or for any City Representative to solicit, demand, accept, or agree to accept from another person, a gratuity, rebate or offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of this RFP influencing the content of any specification or standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this RFP or a Contract or subcontract, or to any Solicitation or response therefore in any manner inconsistent with the State of Georgia’s Department of Administrative Services Gratuity Policy located in the Georgia Procurement Manual

Section I.4.

b. Kickbacks. It is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a Contract to the prime Contractor or higher tier subcontractor, or any person associated therewith, as an inducement for the Award of this RFP.

c. Rebates. It is prohibited for any rebate to be offered for the sole purpose of inducement.

Rebates normally or routinely offered to all customers for the purchase of Goods and Services are acceptable and are the property of the City.

d. Nothing in this section shall preclude a City Representative from attending seminars, courses, lectures, briefings, or similar functions at any Offeror's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the City

Representative with knowledge and information relative to the Offeror's Goods or Services and is one the City Manager determines would be beneficial to the City. In connection with any such seminar, course, lecture, briefing, or similar function, nothing shall preclude the City

Representative from receiving meals from an Offeror. Nothing in this section shall preclude the City

Representative from receiving educational materials and business related items of not more than nominal value from an Offeror. Nothing contained in this section shall permit the City

Representative to accept free travel from the Offeror outside the State of Georgia or free lodging in or outside the State of Georgia.

C. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C.

§§ 2000d to 2000d-4) and the Regulations, hereby notifies all Offerors that it will affirmatively ensure that for any contract entered into pursuant to this RFP, disadvantaged business enterprises will be afforded full and fair opportunity to submit Proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

D.

E. Professionals requiring special licenses shall be licensed in the State of Georgia and shall be responsible for those portions of the work as may be required by law.

F. No Proposal shall be accepted from, and no contract shall be awarded to, any person, firm, or corporation that (i) is in arrears to the City with respect to any debt, (ii) is in default with respect to any obligation to the City, or (iii) is deemed irresponsible or unreliable by the City.

G. The City shall be able to request of an Offeror satisfactory evidence that it has the necessary financial resources to accomplish the requirements of the contract.

H. From the date this RFP is issued until an Offeror is selected, Offerors are not allowed to communicate with any staff or elected officials of the City regarding this procurement, except at the direction of Charise Glass, Procurement Officer in charge of this procurement. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows:

Edward S McAdoo III, Procurement Officer

City of Sandy Springs

1 Galambos Way

Sandy Springs, Georgia 30328

E-mail: purchasing@sandyspringsga.gov

I. While the City has every intention to make an award as a result of this procurement, issuance of the RFP in no way constitutes a commitment by the City to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to:

1. Cancel or terminate this RFP at any time. A notice of cancellation will be issued if the RFP is cancelled. Preparation of a Proposal is the Offeror’s sole financial responsibility.

2. The City will not reimburse any Offeror for preparation of its Proposal. Proposals may be returned upon request, if unopened;

3. Reject any or all Proposals received, make a contract award based directly on the Proposals received in the best interest of the City, in its sole discretion, or enter into further discussions with one (1) or more Offerors;

4. Waive and/or amend any undesirable, inconsequential, or inconsistent provisions/specifications of this RFP which would not have significant impact on any Proposal:

5. Make partial award or no award if it is in the best interest of the City to do so; and

6. Terminate any contract if the City determines adequate funds are not available or for any other reason if the City determines such action to be in its best interest.

SECTION 9: CONTRACT INFORMATION

The form of agreement (Contract”) the City intends to execute with the selected Offeror is included in this RFP as Attachment A. Offerors are urged to read this Contract carefully prior to submitting a Proposal.

In general, the City is unable to negotiate or revise contract provisions. If an Offeror believes certain contract provisions are out of date, not applicable or place an undue burden or cost on the Offeror or the City, the Offeror shall address these concerns in writing during the pre-submittal inquiries period. The Procurement Officer will review and determine the appropriate response. If the City determines a change is warranted; an addendum will be posted to this RFP. If an Offeror is unwilling to execute the Contract, whether modified by addendum or not, a

Proposal should not be submitted.

The City may deem any Proposal containing contract changes or exceptions non-responsive and reject the Proposal.

This RFP document, together with its addenda, amendments, attachments, modifications, Offeror’s Proposal, including any amendments, a “best and final offer,” and any clarification question responses, when executed, becomes part of the contract between the parties. The City does not intend to accept alternate terms and conditions to the Contract. All questions are due in writing no later than the date stated on the first page of this RFP. Questions received after this date and time may not be answered.

Prior to award, the apparent selected Offeror may be required to enter into discussions with the City to resolve any contractual differences before an award is made. These discussions shall be finalized, and all exceptions resolved within one (1) week of notification; if not, the Proposal may be rejected and discussions initiated with the second highest scoring Offeror.

The selected Offeror shall not begin performance of services requested by this RFP prior to the execution of a formal agreement (based on the Contract) by the City and selected Contractor. Any Contractor beginning performance prior to the execution of a formal agreement shall be deemed to be proceeding at the Contractor’s risk and shall not be entitled to any compensation for such performance. In addition, the City reserves the right to withdraw or cancel an award.

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.

Contract

AGREEMENT

THIS AGREEMENT (“Agreement”) is made this ______ day of _________________ by and between _________________________________________________________________ (“Contractor”), located at

______________________________________________ and the City of Sandy Springs, Georgia (“Sandy Springs”).

WITNESSETH:

WHEREAS, Contractor is engaged in the business of providing two-way radios to public safety municipalities

WHEREAS, Sandy Springs has a need to acquire such services, as more particularly described in the Scope of Services and/or Contractor Proposal attached hereto as Exhibit A (“Services”); and

WHEREAS, Contractor is willing and able to render the Services and wishes to perform the Services for Sandy Springs; and

WHEREAS, Sandy Springs wishes to acquire the Services from Contractor;

NOW, THEREFORE, in consideration of the mutual terms, conditions and covenants set forth herein, the parties hereto agree as follows:

1. Services.

Contractor hereby agrees to render the Services to Sandy Springs as set forth in the Scope of Services and/or Contractor Proposal attached hereto as Exhibit A and incorporated herein by this reference. Contractor agrees to perform the Services at the direction of the Sandy Springs Finance Director or designee, in the manner and to the extent required by the parties herein, as may be amended hereafter in writing by mutual agreement of the parties.

2. Compensation.

a. Fee. As consideration for the Services, Sandy Springs shall pay to Contractor the fee described in Exhibit B attached hereto and incorporated herein by this reference.

b. Manner of Payment. Contractor shall, on a monthly basis, prepare and submit to the Sandy Springs Finance Department an invoice, indicating work performed and approved and additional expenses incurred during the applicable time period, together with such supporting documentation as may be required by Sandy Springs. Each compliant invoice shall be paid within thirty (30) days after submission of an invoice.

3. Relationship of Parties.

a. Independent Contractors. Nothing contained herein shall be deemed to create any relationship other than that of independent Contractor between Sandy Springs and Contractor This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement between Sandy Springs and Contractor. It is expressly agreed that Contractor is acting as an independent Contractor and not as an employee in providing the Services under this Agreement.

b. Employee Benefits. Contractor shall not be eligible for any benefit available to employees of

Sandy Springs including, but not limited to, workers’ compensation insurance, state disability insurance, unemployment insurance, group health and life insurance, vacation pay, sick pay, severance pay, bonus plans, pension plans, or savings plans.

c. Payroll Taxes. No income, social security, state disability or other federal or state payroll tax will be deducted from payments made to Contractor under this Agreement. Contractor shall be responsible for all

FICA, federal and state withholding taxes and workers’ compensation coverage for any individuals assigned to perform the Services for Sandy Springs.

4. Term.

This Agreement shall become effective as of the date of its execution. The term of this Contract shall be for five

(5) performance years, with one (1) base year and four (4) one-year renewal options, contingent upon annual appropriations of funds by the City of Sandy Springs City Council. The Contract shall terminate at the close of each fiscal year, but will automatically renew absent any positive action by the City.

5. Termination.

Either party shall have the right to terminate this Agreement if the other party is in default of any obligation hereunder and such default is not cured within ten (10) days of receipt of a notice from the other party specifying such default. “Default” shall mean:

a. If Sandy Springs fails to make payments when due or fails to perform or observe any of its duties or obligations under the terms of this Agreement;

b. If Contractor fails to perform or observe any of its duties or obligations under the terms of this

Agreement;

c. If Sandy Springs or Contractor shall have made any warranty or representation in connection with this Agreement which is found to have been false at the time such warranty or representation was made and is materially harmful to the other party.

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

If this Agreement is terminated pursuant to this paragraph, Contractor shall be exclusively limited to receiving only compensation for the work performed and appropriately documented to and including the effective date identified in the written termination notice.

6. Termination of Services and Return of Property.

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.

7. Standard of Performance and Compliance with Applicable Laws.

Contractor warrants and represents that it possesses the special skill and professional competence, expertise and experience to undertake the Services and the obligations imposed by this Agreement. Contractor agrees to perform in a diligent, efficient, competent and skillful manner commensurate with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances, and to otherwise perform as in necessary to undertake the Services required by this Agreement, including the requirements set forth in the Certification of Contractor - Georgia Security and Immigration Compliance Act attached hereto as Exhibit C, in the Certification of Sponsor Drug Free Workplace attached hereto as Exhibit D, and in the Affidavit Verifying Status for City Public Benefit Application attached hereto as Exhibit E, Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1) attached hereto as Exhibit F, and agrees to execute and provide such certifications to Sandy Springs, which are incorporated into and made a part of this Agreement.

Contractor warrants and represents that it will, at all times, observe and comply with all federal, state, local and municipal ordinances, rules, regulations, relating to the provision of the Services to be provided by Contractor hereunder or which in any manner affect this Agreement.

The Contractor shall comply with and shall require its Subcontractors to comply with the regulations for compliance with Title VI of the Civil Rights Act of 1964, as amended, and 23 CFR 200, as stated in the Notice to

Contractors - Compliance with Title VI of the Civil Rights Act of 1964, attached hereto as Exhibit H and incorporated herein.

8. Conflicts of Interest.

Contractor warrants and represents that:

a. the Services to be performed hereunder will not create an actual or apparent conflict of interest with any other work it is currently performing; and

b. Contractor is not presently subject to any agreement with a competitor or with any other party that will prevent Contractor from performing in full accord with this Agreement; and

c. Contractor is not subject to any statute, regulation, ordinance or rule that will limit its ability to perform its obligations under this Agreement; and

d. Contractor shall be free to accept other work during the term hereof; provided, however, that such other work shall not interfere with the provision of Services hereunder.

9. Proprietary Information; Non-Solicitation.

Contractor acknowledges that it may have access to and become acquainted with confidential and other information proprietary to Sandy Springs including, but not limited to, information concerning Sandy Springs, its operations, customers, citizens, business and financial condition, as well as information with respect to which Contractor has an obligation to maintain confidentiality (collectively referred to herein as “Proprietary Information”). Contractor agrees not to disclose, directly or indirectly, to anyone or to use or to allow others to use, for any purpose whatsoever, any Proprietary Information of any type, whether or not designated confidential or proprietary, acquired in the course of performing under this Agreement. The obligations of Contractor under this section shall survive the termination of this Agreement.

10. Insurance and Indemnification.

Contractor shall indemnify the City, its officers, agents, servants and employees from and against any and all liability for damages, losses, or expenses to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. Insurance requirements are attached hereto as Exhibit G and incorporated herein by this reference.

11. Non-Discrimination.

During performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws.

This practice shall apply to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

Contractor shall undertake equal employment opportunity efforts to ensure that applicants and employees are treated without regard to their race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws. Contractor's equal employment opportunity efforts shall include, but not be limited to, all terms and conditions of employment, including but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

Contractor shall, in all solicitations or advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, sexual orientation, gender, national origin, age, disability, or military or veteran status, or any other status or classification protected by applicable federal, state and local laws.

Contractor shall cause the foregoing provisions to be inserted in all subcontracts for any work covered by the

Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

12. Assignment.

Contractor shall not assign this Agreement or the rights and obligations created herein without the prior express written consent of Sandy Springs. Any attempted assignment by Contractor without the prior express written approval of Sandy Springs may, at Sandy Springs’ sole option, result in the termination of this Agreement without any notice to Contractor of such termination.

13. Notices.

All notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally in hand, or when mailed by certified or registered mail, return receipt requested with proper postage prepaid, addressed to the appropriate party at the following address or such other address as may be given in writing to the parties:

If to Sandy Springs: With copy to:

Eden E. Freeman, City Manager Dan Lee, City Attorney 1 Galambos Way 1 Galambos Way Sandy Springs, Georgia 30328 Sandy Springs, Georgia 30328

If to Contractor: With copy to:

14. Governing Law and Consent to Jurisdiction.

This Agreement is made and entered into in the State of Georgia and this Agreement and the rights and obligations of the parties hereto shall be governed by and construed according to the laws of the State of Georgia without giving effect to the principles of conflicts of laws. The Courts in Fulton County, Georgia shall have jurisdiction over any litigation arising out of this Agreement.

15. Waiver of Breach.

The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed to constitute a waiver of any subsequent breach or violation of the same or other provision thereof.

16. Disputes.

No civil action with respect to any dispute, claim or controversy arising out of or relating to this Agreement may be commenced without first giving fourteen (14) calendar day’s written notice to Sandy Springs of the claim and the intent to initiate a civil action.

17. Severability.

If any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect, and enforceable in accordance with its terms.

18. Entire Agreement.

This Agreement contains the entire agreement and understanding of the…