RFP NSP7149 Z1, 10-8 Systems File 1 of 3.pdf

Prepared for:

Nebraska State Patrol

July 22, 2024

Docusign Envelope ID: 429B0992-85EE-4748-BF20-9CC9F7AE6259

10-8 Systems LLC 27201 Puerta Real, Suite Mission Viejo, CA 92691 1-866-410-8797 10-8Systems.com

July 22, 2024

Nebraska State Patrol Attention: CAD Selection Committee

SUBJECT: 10-8 Systems’ Proposal For Statewide Computer Aided Dispatch (CAD) Software

Dear NSP CAD Selection Committee, Simple. Intuitive. Cloud-Native. Modern. Flexible. Reliable. Affordable. These are some of the qualities that describe the solution and the service provider that the Nebraska State Patrol is seeking as part of this initiative. After reviewing your requirements, goals, and objectives - we affirm that 10-8 Systems and our solutions not only meet these requirements but also offer additional benefits and functionality. We are nimble and can move as fast (or slow) as you need.

In brief, our proposal includes a modern, cloud-native CAD solution that will improve the efficiency of your dispatching operations. Our goal for this project is to provide you with a system that is highly reliable, easy to use, and can be easily integrated with your new (and existing) systems.

10-8 Systems is more than just a computer-aided dispatch (CAD) or mobile CAD provider - we are a true technology partner for all our customers. We offer a complete, budget-friendly computer-aided dispatch (CAD) that can be accessed from any internet-enabled device. All data is stored on AWS GovCloud - the same cloud hosting as the Department of Defense, Department of Justice, US Department of Homeland Security, etc.

Our system was designed to easily integrate/interface with a variety of platforms to offer an exciting range of possibilities and innovation. Through our platform, we can easily streamline your existing dispatch/command processes with a single, integrated command hub. By pairing our proprietary dispatching software with these auxiliary systems, 10-8 Systems offers an experience that no other provider can provide.

We are excited to share our passion for public safety software with the state of Nebraska and look forward to the opportunity to work as your partner.

Sincerely, Kevin Ruef; Director of Business Operations Mobile: 949-550-9515

Email: kevinr@10-8systems.com

NSP Project Proposal │ Page 2 Confidential & Proprietary │ Unpublished Work © 10-8 Systems

TABLE OF CONTENTS

1) Form A Bidder Proposal Point of Contact 4

2) Request for Proposal for Contractual Services Form (DocuSign) 5

3) Corporate Overview 6

4) Section II: Terms & Conditions 20

5) Section III: Contractor Duties 33

6) Section IV: Payment 41

7) Section V: Project Description And Scope of Work 43

8) 10-8 Systems’ Provided Documents:

a) Non-Disclosure Agreement 69

b) SaaS Agreement 71

c) End User License Agreement (EULA) 79

d) Statement of Work (SOW) 92

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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: 10-8 Systems LLC

Bidder Address: 27201 Puerta Real Suite 300, Mission Viejo, CA 92691

Contact Person & Title: Kevin Ruef, Director of Business Operations

E-mail Address: kevinr@10-8systems.com

Telephone Number (Office): 866-410-8797 Ext. 3

Telephone Number (Cellular): 949-550-9515

Fax Number: 866-410-8797

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: 10-8 Systems LLC

Bidder Address: 27201 Puerta Real Suite 300, Mission Viejo, CA 92691

Contact Person & Title: Kevin Ruef, Director of Business Operations

E-mail Address: kevinr@10-8systems.com

Telephone Number (Office): 866-410-8797 Ext. 3

Telephone Number (Cellular): 949-550-9515

Fax Number: 866-410-8797

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REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM

By signing this Request for Proposal for Contractual Services form, the bidder guarantees compliance with the procedures stated in this Request for Proposal and agrees to the terms and conditions unless otherwise indicated in writing, certifies that contractor maintains a drug free workplace, and certifies that bidder is not owned by the Chinese Communist Party.

FORM MUST BE SIGNED MANUALLY IN INK OR BY DOCUSIGN

BIDDER: 10-8 Systems LLC

COMPLETE ADDRESS: 27201 Puerta Real Suite 300, Mission Viejo, CA 92691

TELEPHONE NUMBER: 866-410-8797

FAX NUMBER: 866-410-8797

DATE:

SIGNATURE:

TYPED NAME & TITLE OF

SIGNER:

NSP Project Proposal │ Page 5 Confidential & Proprietary │ Unpublished Work © 10-8 Systems

BIDDER MUST COMPLETE THE FOLLOWING

Docusign Envelope ID: 429B0992-85EE-4748-BF20-9CC9F7AE6259

7/22/2024

Kevin Ruef; Director of Business Operations

1.CORPORATE OVERVIEW

a. BIDDER IDENTIFICATION AND INFORMATION

i. Company Name: 10-8 Systems LLC

Headquarters Address: 27201 Puerta Real Suite 300, Mission Viejo, CA 92691 Entity Organization: Limited Liability Corporation State of Incorporation: CA Year of Organization: 2019 Change in Name/Form of Organization: No changes since first organized.

b. FINANCIAL STATEMENTS

i. 10-8 Systems is a privately held corporation. Below is a description of our organization to help evaluators assess our stability and financial strength.

● Size: 10-8 Systems is a lean, nimble team.

● Longevity: Founded in 2019, 10-8 Systems has been providing innovative solutions for five years.

● Client Base: Our client base includes over 500 public safety agencies nationwide.

● Areas of Specialization: We specialize in providing comprehensive public safety software solutions, including computer-aided dispatch, mobile CAD, analytics, and record management solutions.

● Support Volume: Despite having a high number of users, our extremely low support volume allows us to maintain efficiency and focus on innovation.

ii. Judgments, Litigation, or Financial Reversals: 10-8 Systems has no judgments, pending or expected litigation, or other financial reversals that could affect the viability or stability of our organization.

c. CHANGE OF OWNERSHIP

i. No change in ownership or control of 10-8 Systems is anticipated within the twelve (12) months following the proposal due date.

d. OFFICE LOCATION

i. Office Responsible for Contract Performance: 27201 Puerta

Real Suite 300, Mission Viejo, CA 92691

e. RELATIONSHIPS WITH THE STATE

i. 10-8 Systems has had no dealings with the State of Nebraska over the previous five (5) years.

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f. BIDDER’S EMPLOYEE RELATIONS TO STATE

i. No Party named in this proposal response is or was an employee of the State of Nebraska within the past eighteen (18) months.

ii. No employee of any agency of the State of Nebraska is employed by 10-8 Systems or is a subcontractor to 10-8 Systems as of the due date for proposal submission.

g. CONTRACT PERFORMANCE

i. 10-8 Systems has not had any contracts terminated for default in the past ten (10) years. We have had no contracts terminated for convenience, non-performance, non-allocation of funds, or any other reason during this period.

h. SUMMARY OF BIDDER’S CORPORATE EXPERIENCE

i. Project 1: Kentucky State Police (KSP)

1. Time Period: March 2023 - June 2023

2. Scheduled Completion Date: June 2023

3. Actual Completion Date: June 2023

4. Responsibilities: Full implementation of CAD and mobile

CAD systems, integrations, data migrations, training, and support.

5. Agency: Kentucky State Police (+355 additional agencies)

6. Contact: Adam Columbia, 502-352-0676, adam.columbia@ky.gov

7. Prime/Subcontractor: Prime Contractor

8. Products Used: CAD, Mobile CAD

9. Annual Calls for Service: 400,000+ 10.End Users: 1,600+

11. Units Managed: 3,700+ 12.Additional Notes:

a. Deployed our cloud-native solution for KSP, with 16 posts across the state and dispatch services for Kentucky Fish & Wildlife and hundreds of other agencies.

b. Consolidated 16 separate CAD instances into a single platform for improved efficiency and streamlined operations.

c. Integrated with various systems, including NCIC, ANI/ALI, ePCR software, RapidSOS, Active911, IamResponding, EMD software, CAD-to-CAD options, and more.

d. Migrated historical data from their previous on-premise solution, enabling easy access to important records.

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e. Achieved "go-live" status in less than 4 months from contract signature, demonstrating rapid deployment and training capabilities.

ii. Project 2: Bluegrass 911 (KY)

1. Time Period: September 2023 - March 2024

2. Scheduled Completion Date: April 2024

3. Actual Completion Date: March 2024

4. Responsibilities: Full implementation of CAD and mobile

CAD systems, integrations, data migrations, training, and support.

5. Agency: Bluegrass 911 (70+ agencies)

6. Contact: Russ Clark, 859-339-8247, rclark411@hotmail.com

7. Prime/Subcontractor: Prime Contractor

8. Products Used: CAD, Mobile CAD

9. Annual Calls for Service: ~96,000 10.End Users: 120

11. Units Managed: 1,300+ 12.Additional Notes:

a. Consolidated dispatch center for 4 counties.

b. Integrated with various systems, including NCIC, ANI/ALI, ePCR software, RapidSOS, Active911, IamResponding, EMD software, CAD-to-CAD options, and more.

c. Migrated historical data from their previous on-premise solution, enabling easy access to important records.

iii. Project 3: Private “Dispatch As A Service” (Nationwide)

1. Time Period: January 2020

2. Scheduled Completion Date: February 2020

3. Actual Completion Date: January 2020

4. Responsibilities: Full implementation of CAD and mobile

CAD systems, training, and support.

5. Agency: Private “Dispatch As A Service” (500+ agencies)

6. Contact: Can be provided upon request

7. Prime/Subcontractor: Prime Contractor

8. Products Used: CAD, Mobile CAD

9. Annual Calls for Service: ~96,000 10.End Users: 300+

11. Units Managed: 2,900+ 12.Additional Notes:

a. Deployed our cloud-native solution for a private, “dispatch as a service” (3rd party dispatch) company.

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b. This company provides outsourced dispatching for more than 600 agencies across the country (law, fire, EMS, private security, etc.).

c. Integrated with various systems, including radios, Active911, paging, and more.

d. Achieved “go-live” status is less than 1 week from the contract signature.

i. SUMMARY OF BIDDER’S PROPOSED

PERSONNEL/MANAGEMENT APPROACH

i. Project Management Approach: 10-8 Systems employs a comprehensive project management approach to ensure the successful delivery of our solutions. This includes detailed planning, execution, monitoring, and control processes to manage time, cost, quality, risk, and resources effectively.

ii. Project Team (References Provided Upon Request):

1. Bryan Ruef

a. Title: Director of Technology

b. Experience/ Credentials: Bryan’s extensive history in public safety and technology exemplifies our company mission to be “by public safety, for public safety.” Bryan began his journey in public safety at the age of 13 as a volunteer explorer for the Orange County Sheriff’s Department. He later worked as an EMT and dispatcher for Care Ambulance/Falck Health, serving various communities. He subsequently obtained a degree in computer science and accumulated years of valuable programming experience.

c. Qualifications:

i. 10+ Years of Public Safety Experience

ii. B.S. in Computer Science, California State

University, Fullerton (CA)

iii. A.A. in Mathematics, Saddleback College (CA)

iv. Emergency Dispatcher, Emergency Medical

Technician

v. Orange County Sheriff Explorer

d. Implementation / Ongoing Support Role: Technical / Implementation Lead. Directs the technical team of 10-8 Systems (product development and support)

2. Kevin Ruef

a. Title: Director of Business Operations

b. Experience/ Credentials: Since starting with 10-8

Systems in 2019, Kevin has managed and overseen more than 40 successful deployments. He is a highly experienced professional with a proven track record

NSP Project Proposal │ Page 9 of success in business operations, enterprise technology consulting, and project management.

Working as a liaison between the customer and our development/implementation team, he also provides post-sales support. Kevin has international experience and has managed several international, long-term projects to meet the demands of cross-functional client teams and third-party OEMs/system integrators.

c. Qualifications:

i. 10+ Years of Technology Consulting

ii. B.A. in Economics (Focus on Accounting &

Sports Management), University of California, Santa Barbara (CA)

iii. Implementation / Ongoing Support Role:

Point of Contact during implementation.

Account executive assigned to the account after.

3. Joseph Barasoain

a. Title: Customer Success Team / Program Manager

b. Experience/ Credentials: Joe’s role in the public safety industry has included daily operations management, project leadership, incident management, training, interoperability, and large-scale event operations. He’s worked with federal, state, university/college, and city/county organizations. His years of experience have included the fields of law enforcement, emergency management, fire and EMS, technology, 911, communications, policy development, and implementation. Joe utilizes his subject matter expertise on projects to provide clients with successful project outcomes.

c. Qualifications:

i. 30+ Years of Public Safety Experience

ii. Master in Executive Management, St. Thomas

University (FL)

iii. B.A., Organizational Leadership, St. Thomas

University (FL)

iv. University of Richmond Professional Executive

Leadership School

v. University of Georgia Executive Leadership

School

vi. APCO Registered Public-Safety Leader, RPL

vii. NENA Communications Center Managers

Program, CMCP

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viii. Member of the Association of Public-Safety Communications Officials (APCO), Georgia 911 Directors Association, International Association of Chiefs of Police, and International Association of Emergency Managers

d. Implementation / Ongoing Support Role:

Implementation Project Manager - Expert in deploying software for public safety (ECC/PSAP/etc). After implementation, he directs the Customer Success Team - Works to align feedback from account executives and the development team

4. Ramon Marzolo

a. Title: VP Software Engineering

b. Experience/ Credentials: Ramon Marzolo brings over two decades of extensive software development and engineering experience to the 10-8 Systems team. He has a robust background in leading and managing software engineering teams, specializing in web and mobile-based data-driven applications.

Ramon excels in both agile and predictive project management, ensuring that projects are delivered on time and within budget. His expertise includes developing high-performing applications that integrate seamlessly with diverse technologies and platforms, and he has successfully led teams in deploying complex software solutions.

c. Qualifications:

i. 20+ years of experience in software development and engineering

ii. Master of Science in Software Engineering, California State University, Fullerton (CA)

iii. BFA/CS, Chapman University (CA)

iv. Certified Project Management Professional

(PMP)

d. Implementation / Ongoing Support Role: As the VP of Software Engineering at 10-8 Systems, Ramon leads the software development team, ensuring the delivery of robust and innovative solutions for the public safety sector. He oversees the technical aspects of implementation projects, driving excellence in product development and ongoing support.

Ramon’s role involves collaborating closely with the project management team to ensure seamless integration and deployment of software solutions.

5. Jose Marti

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a. Title: Consultant / Program Manager

b. Experience/ Credentials: Jose is an experienced fire and EMS professional with years of experience working with public and private sector providers. He specializes in public safety, leadership, fire response analysis, EMS response time reform, safety, and reorganization of operations, incident management, operations management, project management, training, and policy development. Jose is skilled at training, developing, and mentoring both novice and veteran fire and EMS professionals. He has proven success with implementing change in complex systems to ensure compliance with federal, state, and local regulations. Jose has experience as a Former Division Chief in Key Biscayne, FL.

c. Qualifications:

i. 30+ Years of Public Safety Experience

ii. Master in Executive Management, St. Thomas

University (FL)

iii. B.A., Organizational Leadership, St. Thomas

University (FL)

iv. Associate of Science, Fire Science, Miami-Dade College (FL)

v. Executive Fire Officers Program, US Fire

d. Implementation / Ongoing Support Role:

Implementation Project Manager - Expert in deploying software for public safety (ECC/PSAP/etc).

Specializes in field user training.

e. Consultant - Fire SME and manages new software/process implementations. Works directly with the client & project management team during implementation.

6. Jimmy Kitchens

a. Title: Customer Engagement Manager / Program

Manager

b. Experience/ Credentials: Jimmy has a distinguished career in emergency communications and public safety, spanning over two decades. He has extensive experience working with the Kentucky State Police in various capacities, including as a 9-1-1 Business Administrator and Communications Supervisor. His deep understanding of emergency response operations and his ability to manage and train teams make him a valuable asset to any project in the public safety sector.

c. Qualifications:

NSP Project Proposal │ Page 12

i. Retired 9-1-1 Telecommunicator & 9-1-1 Business Administrator

ii. Kentucky Certified Firefighter

iii. Emergency Medical Responder

iv. Over 20 years of experience in emergency communications

d. Implementation / Ongoing Support Role: Provides expert consultation and program management for public safety communication projects. Leveraging his extensive experience, Jimmy ensures seamless implementation and ongoing support, focusing on enhancing communication systems and emergency response effectiveness.

j. SUBCONTRACTORS

i. 10-8 Systems collaborates with key subcontractors to enhance our comprehensive public safety software solutions: CommSys, SDI Presence, and Pegasus Solutions Group. .

1. CommSys

a. Role: NCIC/Message Switch Connection

b. Tasks: 10-8 Systems utilizes the CommSys

ConnectCIC middleware message switch solution for NCIC and other message switch integrations.

c. Specific Details: Our CAD solution integrates seamlessly with Mobile Data Terminal (MDT) solutions, GIS systems, and law enforcement telecommunications systems for efficient information sharing and communication. The CommSys ConnectCIC is a flexible message switch that can connect directly to national and state systems, providing essential communication capabilities.

Widely used across the United States, CommSys provides CJIS interfaces for over 1,000 agencies across 48 states.

d. Percentage of Performance Hours: The tasks performed by CommSys constitute a small but critical part of the overall implementation, ensuring seamless message switch connections.

2. SDI Presence

a. Role: ANI/ALI Integrations and Specific System

Integrations

b. Tasks: SDI Presence is responsible for integrating

Automatic Number Identification (ANI) and Automatic

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Location Identification (ALI) systems, along with other system integrations that are less common for our development team.

c. Specific Details: SDI Presence ensures that our solutions can accurately and efficiently process location and identification data, crucial for emergency response operations. Their expertise in system integrations guarantees that our CAD systems operate smoothly and effectively within the broader public safety communication framework.

d. Percentage of Performance Hours: The tasks performed by SDI Presence constitute a small but critical part of the overall implementation, seamless integrations with ANI/ALI.

3. Pegasus Solutions Group

a. Role: Additional Trainers/Project Support

b. Tasks: Pegasus Solutions Group provides supplementary trainers and project support to augment our internal team during high-demand periods or specialized training requirements.

c. Specific Details: Pegasus Solutions Group brings a wealth of experience in delivering targeted training programs and project support services. Their trainers are highly skilled in public safety software applications, ensuring that end-users are proficient and confident in using our systems. Additionally, their project support capabilities help streamline implementation processes and provide extra bandwidth during critical phases of deployment.

4. Percentage of Performance Hours: The tasks performed by Pegasus Solutions Group constitute a small but crucial part of the overall implementation, ensuring that our training and project support needs are met effectively.

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2. Technical Approach - See Exhibit A For More Details

i. Understanding of the Project Requirements

1. 10-8 Systems understands that the Nebraska State Patrol is seeking a comprehensive, scalable, and user-friendly Computer-Aided Dispatch (CAD) and Mobile CAD solution to enhance the efficiency of dispatch operations and ensure the safety of both officers and the public. Our cloud-native solution is designed to streamline incident management, improve response times, and facilitate seamless communication across various public safety agencies. We recognize the importance of integrating with existing systems, adhering to stringent security standards, and providing robust support and training to ensure a smooth transition and ongoing success.

ii. Proposed Development Approach

1. Our development approach is centered around collaboration, customization, and continuous improvement. Key phases include:

a. Initiation and Planning:

i. Conduct a detailed audit of current systems and workflows.

ii. Define clear project goals and objectives in collaboration with Nebraska State Patrol stakeholders.

iii. Develop a comprehensive project plan with timelines, milestones, and deliverables.

b. Design and Configuration:

i. Customize our CAD solution to meet specific requirements, including integration with existing systems.

ii. Configure workflows, user roles, and permissions to align with Nebraska State Patrol's operational needs.

iii. Develop necessary API integrations to ensure seamless data exchange with third-party systems.

c. Implementation and Testing:

i. Deploy the CAD solution in a staged manner to minimize disruption.

ii. Conduct rigorous testing, including unit, integration, and user acceptance testing, to ensure system reliability and performance.

iii. Migrate historical data securely and accurately.

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d. Training and Go-Live:

i. Provide comprehensive training for administrators, dispatchers, and field personnel.

ii. Offer both on-site and remote training options to ensure all users are proficient with the new system.

iii. Support the go-live process with real-time assistance and monitoring.

e. Post-Implementation Support:

i. Offer ongoing technical support and system maintenance.

ii. Conduct regular updates and enhancements to keep the system current and secure.

iii. Provide continuous training opportunities and resources.

iii. Technical Considerations

1. Our CAD solution is designed with the following technical considerations in mind:

a. Scalability: Hosted on AWS GovCloud, our solution can scale dynamically based on usage and demand.

b. Security: Compliance with CJIS, HIPAA, and other relevant security standards, leveraging AWS GovCloud’s robust security features.

c. Reliability: High availability with 99.99% uptime, supported by redundant infrastructure and failover mechanisms.

d. Interoperability: Open API architecture allows for easy integration with existing and future systems, including GIS, RMS, ePCR, and other third-party applications.

e. User Experience: Intuitive interface designed for ease of use by dispatchers and field personnel, with customizable workflows and real-time updates.

iv. Architecture Solution

1. Our CAD solution architecture is built on a cloud-native platform using AWS GovCloud. Key components include:

a. Data Storage: AWS RDS Aurora for reliable and scalable database management.

b. Application Hosting: AWS EC2 instances for robust and flexible application hosting.

c. Security and Compliance: AWS Web Application

Firewall, Elastic Load Balancer, and regular security audits to ensure compliance with industry standards.

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d. Integration Layer: APIs and middleware to facilitate seamless integration with external systems such as CLETS, GIS, and other essential public safety applications.

v. Detailed Project Plan

1. For a project of this scale, our expected timeframe for deploying the CAD and Mobile system would be as follows:

In total, the expected timeframe for deploying the outlined CAD and Mobile system would be approximately 8-13 months. It is important to note that this timeframe may vary depending on the specific requirements and constraints of the project. Our team will work diligently to ensure that the project is completed on time and within budget while maintaining the highest standards of quality

NSP Project Proposal │ Page 17 and customer satisfaction. There is a high likelihood we we completely this project prior to this timeline, but conservative times have been applied (Kentucky State Police was deployed within 4 months, which included training all 16 posts).

vi. Deliverables and Due Dates

1. Project Initiation (1-4 months)

a. Deliverable 1: Project Kickoff Meeting

i. Due Date: End of Month 1

b. Deliverable 2: Requirements Gathering and Analysis

i. Due Date: End of Month 2

c. Deliverable 3: Review Existing Processes

i. Due Date: End of Month 3

d. Deliverable 4: Detailed Project Plan with Timelines and Milestones

i. Due Date: End of Month 4

2. System Design and Configuration (3-4 months)

a. Deliverable 5: System Design Documentation

i. Due Date: End of Month 5

b. Deliverable 6: Configuration and Customization of

CAD System

i. Due Date: End of Month 7

c. Deliverable 7: Integration Plan with Existing Systems

i. Due Date: End of Month 8

3. Implementation and Testing (2-3 months)

a. Deliverable 8: Initial System Implementation

i. Due Date: End of Month 9

b. Deliverable 9: Functional Testing Report

i. Due Date: End of Month 10

c. Deliverable 10: Performance and Security Testing Report

i. Due Date: End of Month 11

d. Deliverable 11: Adjustments and Bug Fixes

i. Due Date: End of Month 11

4. Training (1 month)

a. Deliverable 12: Comprehensive Training Program for Users

i. Due Date: End of Month 12

b. Deliverable 13: Training Completion Certificates for Users

i. Due Date: End of Month 12

5. Final Checks & Go-Live (1 month)

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a. Deliverable 14: Final System Checks and Validation

i. Due Date: Mid of Month 13

b. Deliverable 15: System Deployment Across All

Locations

i. Due Date: End of Month 13

c. Deliverable 16: Go-Live Support Plan

i. Due Date: End of Month 13

6. Post-Implementation Support (Ongoing)

a. Deliverable 17: Post-Implementation Support Plan

i. Due Date: Ongoing from Month 14

b. Deliverable 18: Monthly System Maintenance

Reports

i. Due Date: Ongoing from Month 14

vii. Technical Matrix (See Exhibit A for more details)

1. Our CAD solution offers features and functions that enhance operational efficiency and safety for public safety agencies:

a. Incident Management: Streamlined incident creation, tracking, and resolution.

b. Real-Time Updates: Instant status updates and notifications for ongoing incidents.

c. Integrated Mapping: Advanced GIS capabilities for accurate location tracking and routing.

d. Mobile Access: Full functionality available on mobile devices, ensuring field personnel stay connected.

e. Automated Reporting: Comprehensive analytics and reporting tools for informed decision-making.

f. Role-Based Access: Secure, role-based permissions to protect sensitive data.

g. Interoperability: Seamless integration with third-party systems for enhanced operational cohesion.

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II. TERMS AND CONDITIONS (NSP Provided) 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.

A. GENERAL

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

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.

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.

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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

(Initial)

NOTES/COMMENTS:

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 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

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Reject (Initial)

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RFP

Response (Initial)

NOTES/COMMENTS:

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

NSP Project Proposal │ Page 21 of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, whichever is later.

F. PRICES

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Reject (Initial)

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RFP

Response (Initial)

NOTES/COMMENTS:

Alternative verbiage:

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 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.

If the State denies a requested price increase, the bidder reserves the right to negotiate the terms of continued service or to terminate the contract with no penalties or further obligations.

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 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.

NSP Project Proposal │ Page 22

G. BEGINNING OF WORK & SUSPENSION OF SERVICES

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Reject (Initial)

Reject & Provide Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

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.

I. CHANGE ORDERS OR SUBSTITUTIONS

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Reject (Initial)

Reject & Provide Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

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***

NSP Project Proposal │ Page 23

J. RECORD OF VENDOR PERFORMANCE

(Initial)

Reject (Initial)

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RFP

Response (Initial)

NOTES/COMMENTS:

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.

L. NOTICE OF POTENTIAL CONTRACTOR BREACH

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Reject (Initial)

Reject & Provide Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

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

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

NSP Project Proposal │ Page 24

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.

N. NON-WAIVER OF BREACH

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

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 remaining to be performed.

O. SEVERABILITY

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

If any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the provision held to be invalid or illegal.

P. INDEMNIFICATION

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response

(Initial)

NOTES/COMMENTS:

NSP Project Proposal │ Page 25

Alternative verbiage:

GENERAL

The Contractor agrees to defend, indemnify, and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials (“the indemnified parties”) from and against any and all third-party 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 (“the claims”), sustained or asserted against the State for personal injury, death, or property loss or damage, arising out of, resulting from, or attributable to the willful misconduct, or gross negligence of the Contractor, its employees, Subcontractors, consultants, representatives, and agents, resulting from this contract, except to the extent such Contractor liability is attenuated by any action of the State which directly and proximately contributed to the claims. The Contractor's liability for indemnification under this agreement shall not exceed [specific amount or percentage of the contract value].

INTELLECTUAL PROPERTY

The Contractor agrees it will, at its sole cost and expense, defend, indemnify, and hold harmless the indemnified parties from and against any and all claims, to the extent such claims arise out of, result from, or are attributable to, the actual infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information of any third party by the Contractor or its employees, Subcontractors, consultants, representatives, and agents; provided, however, the State gives the Contractor prompt notice in writing of the claim. Alleged infringements shall be excluded unless substantiated by a court judgment. The Contractor may not settle any infringement claim that will affect the State’s use of the Licensed Software without the State’s prior written consent, which consent may be withheld for any reason.

If a judgment or settlement is obtained or reasonably anticipated against the State’s use of any intellectual property for which the Contractor has indemnified the State, the Contractor shall, at the Contractor’s sole cost and expense, promptly modify the item or items which were determined to be infringing, acquire a license or licenses on the State’s behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State’s election, the actual or anticipated judgment may be treated as a breach of warranty by the Contractor, and the State may receive the remedies provided under this Request for Proposal. The Contractor's indemnification obligations under this section shall be subject to the limits of the Contractor's insurance coverage, which shall be maintained at levels agreed upon by both parties.

PERSONNEL

The Contractor shall, at its expense, indemnify and hold harmless the indemnified parties from and against any claim with respect to withholding taxes, worker’s compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel, including subcontractors and their employees, provided by the…