RP009_25 Inv.pdf

March 19, 2025

REQUEST FOR PROPOSAL

RP009-25

The Gwinnett County Board of Commissioners is soliciting competitive sealed proposals from qualified service providers for the Provision for Cloud-Based 911 Recording Solution on a Multi-Year Contract for the Department of Police Services.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number and Company Name. Proposals will be received until 2:50 P.M. local time on April 10, 2025, at the Gwinnett County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only names of submitting firms will be read at 3:00 P.M. A list of firms submitting proposals will be available the following business day on our website www.gwinnettcounty.com.

A Webex pre-proposal conference is scheduled for 10:00 A.M. local time on March 26, 2025. To access, dial 1-408- 418-9388 and enter conference ID 23363437341##. All service providers are urged to attend. Questions regarding proposals should be directed to Chelsey Ward at chelsey.ward@gwinnettcounty.com no later than 3:00 P.M. local time on March 27, 2025. Proposals are legal and binding upon the bidder when submitted. One unbound single sided original, four (4) bound copies, and one (1) electronic copy on a flash drive should be submitted.

The Proposal package can be accessed through the County’s Bids & RFPs website:

To access the documents on the Bids & RFPs site, please use the following link and locate RP009-25, Provision for Cloud-Based 911 Recording Solution on a Multi-Year Contract: Bids and RFPs - Gwinnett | Gwinnett County.

Successful service provider will be required to meet insurance requirements. The Insurance Company should be authorized to do business in Georgia by the Georgia Insurance Department and must have an A.M. Best rating of A-7 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or activities. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of Gwinnett County Government should be directed to the ADA Coordinator, Gwinnett County Justice, and Administration Center, 770-822-8165.

The written proposal documents supersede any verbal or written prior communications between the parties.

Selection criteria are outlined in the request for proposal documents. Gwinnett County reserves the right to reject any or all proposals to waive technicalities and to make an award deemed in its best interest.

Award notification will be posted after award on the County website, www.gwinnettcounty.com and service providers submitting a proposal will be notified via email.

We look forward to your proposal and appreciate your interest in Gwinnett County.

Chelsey Ward Purchasing Associate II http://www.gwinnettcounty.com/ mailto:chelsey.ward@gwinnettcounty.com https://www.gwinnettcounty.com/web/gwinnett/departments/financialservices/purchasing/bidsandrfps http://www.gwinnettcounty.com/

RP009-25 Page 2 of 41

Request for Proposal for Cloud-Based 911 Recording Solution

1. Introduction

The Gwinnett County Board of Commissioners (Gwinnett County) is requesting proposals from qualified service providers to provide a comprehensive cloud-based recording solution for the 911 emergency communications center. The goal is to procure a reliable, secure, and scalable solution that can record, store, and manage all voice, text, and data communications received through the 911 center with the ability to meet current and future operational and regulatory requirements. This request for proposal outlines the requirements, expectations, and evaluation criteria for selecting a service provider that can deliver a comprehensive, compliant, and highly available system to support emergency response operations.

2. Background

Gwinnett County operates two emergency communications centers that combined process approximately 800,000 calls for service annually. The primary center is located at 800 Hi Hope Rd, Lawrenceville, Georgia. The alternate center is located at 185 Ozora Rd, Loganville, Georgia.

Gwinnett County currently uses a Solacom Guardian call handling system that was installed in

2019 with a total of 46 recorded positions consisting of 26 at the primary center and 20 at the alternate center. This system is used for all incoming 911, text-to-911, and non-emergency call traffic and is connected to analog centralized automatic message accounting (CAMA) trunks as well as a Cisco Call Manager. Gwinnett County is currently in the process of implementing AT&T

IP Flex for non-emergency numbers and is exploring a transition to ESInet as well as call handling system replacement within the next 24 months.

Cisco IP phones are used for all administrative calls with a total of 60 recorded phones with 40 at the primary center and 20 at the alternate center. Gwinnett County operates a Motorola P25 radio system with 70 recorded channels.

3. Project Overview

This project seeks to implement a cloud-based 911 recording solution to replace the existing on-premises recording solution which consists of 4 Higher Ground logging recorders with 2 located at each center. The existing configuration is such that all radio traffic simultaneously records to all 4 recorders; however, phone traffic records the to the site-specific recorders which is followed up with replication between the sites. This configuration requires user management, configuration, and search functions to be completed independently on each recorder.

Gwinnett County is seeking to streamline recording management by implementing a cloud-based recording solution to simultaneously and redundantly record all traffic from both communications centers. The proposed solution should provide centralized user management, configuration, and search capabilities.

4. Scope of Work

The selected service provider will be required to design, configure, implement and support the cloud-based recording solution. The key areas of responsibility are outlined below:

RP009-25 Page 3 of 41

4.1. System Requirements

• National Emergency Number Association (NENA) i3 Compliant o The solution must conform to NENA i3 specifications, ensuring compliance with

NG911 system architecture, including the Emergency Services Routing Proxy (ESRP), Location Information Server (LIS), and Session Initiation Protocol (SIP) interfaces.

• Next Generation 911 (NG911) Multimedia Recording o Support to real-time recording of all NG911 communications channels:

▪ Voice (VoIP/SIP-based, legacy public switched telephone network (PSTN)

▪ SMS/Text-to-911 and Real-Time Text (RTT)

▪ Video and multimedia data

▪ Location data from NG911 systems

▪ Emergency alerts or messages received through NG911 interfaces o Automatic logging of metadata for each session, including caller information, call taker, time, location data, and type of media o Geo-tagged recording capability o Screen recording of Computer Aided Dispatch (CAD) workstations during call recording

• Cloud Storage o Secure, encrypted cloud storage for all recordings o Scalable storage to handle increasing volumes of call data o Geo-redundant storage for high availability and disaster recovery o Long-term archival options adhering to Georgia Local Governments Records Retention

Schedule LG-19 for historical recordings with minimal latency

• Retention and Archiving o Configurable retention periods based on legal, regulatory, and operational requirements o Ability to mark recordings for preservation to prevent purging until the flag is manually removed by users with specific authorization

• Search and Retrieval o Web-based user interface for searching and retrieving recordings that can support a minimum of 30 concurrent sessions o Advanced search functionality based on call metadata, time range, date, call taker, caller ID, channel, and other attributes o Playback options with the ability to rewind, fast forward, and play specific segments o Support for map-based searching for geo-tagged recordings o Ability to export multimedia data (audio, video, text) with metadata and integrity protection (tamper-evident formats) for legal and investigative purposes o Allow for the saving of audio files in WAV and MP3 formats o Redaction and clipping tools for creating segments of calls for sharing or legal purposes o Support for playback of synchronized multimedia communications, including voice, text and video

RP009-25 Page 4 of 41 o Low-latency access to recordings to ensure efficient retrieval during incident review

4.2. Integration and Compatibility

• Telephone Integration o Seamless integration with NG911 systems, including ESInets, IP-based systems, and legacy systems o The system must be compatible with the Solacom Guardian call handling system o The system must also integrate with all major call-handling solutions including but not limited to Intrado VIPER, Carbyne APEX, and Zetron Max

• CAD Integration o The system must support integration with the Central Square Enterprise CAD system

4.3. Security & Compliance

• Security Requirements o Ensure adherence to security measures outlined in NENA i3 and NG911 guidelines, including Criminal Justice Information Services (CJIS), Health Insurance Portability and Accountability Act (HIPAA), and other relevant regulations and standards pertaining to data privacy o End-to-end encryption for data in transit and at rest, including during backup and retrieval

• Role-Based Access Control o Implement role-based access controls with configurable system permissions o Utilize role-based access controls to limit access to recordings based on user roles and permissions

• Audit Logs o Comprehensive audit logging to track user activities including access to and exporting of recordings

4.4. Disaster Recovery & Redundancy

• High Availability o 99.999% uptime or higher, with redundancy and failover systems to minimize downtime o Automatic failover to secondary systems in the event of primary system failure, ensuring no disruption in recording

• Disaster Recovery o Backup and disaster recovery capabilities with geo-redundant storage options

4.5. Training & Support

• Training o Comprehensive training for system administrators and end users

RP009-25 Page 5 of 41 o Training should include system setup, configuration, daily operations, and advanced features o Provide detailed user guides, manuals, and video tutorials

• Support o 24/7 technical support for critical issues with defined service level agreements (SLAs) for response and resolution times o Proactive monitoring and maintenance to ensure the system operates efficiently o Access to a knowledge base or support portal for common issues and troubleshooting o Regular system updates to include bug fixes, patches, and security enhancements

5. Proposal Requirements

The proposal response shall provide information necessary for Gwinnett County to evaluate the qualifications, experience, and expertise of the service provider to provide the requested functionality and services.

The service provider is to make a written proposal that presents an understanding of the work to be performed. The proposal is to demonstrate and provide evidence that the service provider has the capabilities, professional expertise, and experience to provide the necessary services as described in this solicitation. The service provider is to ensure that all information required herein is submitted with the proposal. An authorized representative of the service provider shall sign the proposal. All information provided is to be verifiable by documentation and demonstration requested by Gwinnett County.

The service provider is encouraged to submit clear and concise responses, and excessive length or extraneous information is discouraged. In an effort to ensure the ability to evaluate and choose a successful service provider, service providers are encouraged to be responsive to the specific range of issues requested in this solicitation. Submission of excessive “boiler plate” information, including sales brochures, is discouraged. Service providers should not submit website links in lieu of written responses. Website links and any information contained within may not be reviewed or considered by Gwinnett County.

The Gwinnett County current requirements related to infrastructure and information security can be found below in Exhibit A - Security Requirements for Purchase Standard of this Request for

Proposal. As indicated in the response requirements, all service providers are required to comment on their adherence to those requirements and callout specifically any, and all exceptions or clarifications to that end.

The service provider must include the following information in their proposal:

5.1. General Requirements

General Requirements should be provided presenting an Executive Summary of the service provider’s proposal. The service provider must provide a brief description of the company to include years in business, primary location, public safety industry expertise and relevant projects.

RP009-25 Page 6 of 41

5.2. Functional Requirements

Responses to the requirements referenced in this request for proposal should be provided in this section of the service provider's response. Use the Microsoft Excel specification spreadsheet provided ‘Exhibit B – Functional Requirements Response Workbook.xlsx’ and attach added explanation pages as necessary. Please note: The response to these requirements should be provided in the exact format as provided (e.g., no additional macros, formulas, additional columns, modifications, passwords, etc.). Failure to do so will significantly impact the scoring of the proposal.

These requirements are considered mandatory in implementing the complete solution. Together the requirements define a system that will operate efficiently in the proposed environment while providing a high level of flexibility in meeting the County’s current and future needs.

The Importance column includes one of the following entries to indicate the importance of the specification/report to the County:

“High”: Assigned the largest weight for a requirement. Indicates most important functions needed to meet requirements.

“Medium” Assigned the second most weight for a requirement worth half the value of a High requirement.

“Low”: Assigned the lowest weight for a requirement worth a nominal value above zero.

Each service provider should review the specifications and reports listed in each subsection and respond as to their availability, environment, and delivery within the service provider’s solution. The responses should be entered under the “Availability”, “Environment”, and Delivery” columns as specified in Functional Requirement Instruct tab.

5.3. Technical Requirements

The service provider should prepare a technical proposal to include the following:

• A detailed description of the proposed solution, covering the system architecture, cloud infrastructure, storage options, and key features.

• Explanation of the solution’s compliance with CJIS, HIPAA, and NG911 standards.

• Data security measures, including encryption methods, data redundancy, and disaster recovery options.

• Provide details on how the proposed solution meets or exceeds all required security standards, including encryption and data protection methods.

• Describe how the system ensures ongoing compliance with CJIS, HIPAA, and NG911, including procedures for handling audits.

5.4. Implementation Plan

The service provider should provide a detailed implementation plan containing the following:

RP009-25 Page 7 of 41

• Proposed timeline for deployment, including key milestones, deliverables, and expected completion dates

• Detailed implementation approach, including data migration from existing systems, integration with existing infrastructure, and testing procedures

• Risk management plan for potential challenges, such as data migration or system downtime

• Outline of training for system administrators and end-users

5.5. Support and Maintenance

The service provider should provide detailed information on the support and maintenance plan to include the following:

• Details of the service provider’s support plan, including the scope of 24/7 technical support, response times, and escalation procedures

• Information on regular system maintenance, patch management, and update schedules

5.6. References

The service provider should provide at least three references of previous implementations of cloud-based NG911 recording solutions from public safety agencies or organizations of similar size and scope where a cloud-based NG911 recording solution was implemented. This should include contact information and a description of the project for each reference. The references should be completed on the form that is provided.

5.7. Proposal Fee Schedule

A detailed pricing breakdown should be provided to include:

• One-time setup and configuration fees

• Costs for data migration from existing systems

• Ongoing subscription or licensing costs (e.g., per user, per recording, or storage tier)

• Maintenance and support fees

• Any additional costs for customization, or future scalability

5.8. Optional Interview/Demonstration

6. Proposal Evaluation Criteria

Gwinnett County’s evaluation process will use the criteria outlined below to identify the solution that best meets Gwinnett County’s business and operational needs, is offered at the best value, and is submitted by a service provider with expertise and a proven implementation track record for delivering successful systems. Gwinnett County reserves the right to reject any or all proposals, in whole or in part, to negotiate changes in the scope of services and to waive any technicalities as deemed in its best interest.

Selection of the successful service provider will be based upon submission of proposals meeting the following scoring criteria.

RP009-25 Page 8 of 41

Criteria Points

Part I

1 General Requirements 5

1 Functional Requirements 20

2 Technical Requirements 20

3 Implementation 10

4 Support and Maintenance 20

5 References 5

Sub-Total 80

Part II

Cost Proposal (MUST be submitted in a separately sealed envelope)

Total 100

Part III

Optional Interview/Demonstration 10

Total 110

Part I Evaluation: Initially, proposals will be evaluated based on relative responsiveness to the criteria described above and will be scored based on the point values as shown. Please note that references, and subsequent reference checks, are a required component of Part 1 scoring.

Part II Evaluation: Service providers may be short-listed for further consideration. The Cost Proposal of the short-listed service providers from Part I will be opened, reviewed, and scored with the lowest cost receiving the most points and the other service providers receiving proportional points based on the differences in proposal costs.

Optional Part III Evaluation: At Gwinnett County’s discretion, or as deemed in the Gwinnett County’s best interest, service providers may be short-listed a second time for an interview. At this time, Gwinnett County may request further information, explanations, clarifications, presentations, interviews, or meetings with some or all of the remaining service providers. The service provider will be responsible for any cost associated with the request for additional information and/or an interview.

Gwinnett County will then enter contract negotiations with the highest scoring service provider. If an agreement with the highest ranked service provider cannot be reached, Gwinnett County may then negotiate with the second ranked service provider and so on until a satisfactory agreement has been reached in accordance with the Gwinnett County Purchasing Ordinance.

RP009-25 Page 9 of 41

FAILURE TO RETURN THIS PAGE AS PART OF YOUR PROPOSAL DOCUMENT MAY RESULT IN REJECTION OF PROPOSAL.

COST PROPOSAL

(SUBMIT IN A SEPARATE SEALED ENVELOPE)

DESCRIPTION YEAR ONE

TOTAL COST

YEAR TWO

TOTAL COST

YEAR THREE

TOTAL COST

YEAR FOUR

TOTAL COST

YEAR FIVE

TOTAL COST

TOTAL

COST

One-Time Setup and Configuration Cost $

Cost of Data Migration from Existing System

Ongoing subscription or licensing costs (e.g., per user, per recording, or storage tier)

Support and Maintenance $ $ $ $ $ $

Total $ $ $ $ $ $

Other Optional Costs for Customization or Future Scalability (please specify)

Note: Other Optional Costs for Customization or Future Scalability are for informational purposes only and will not be used in cost evaluation.

RP009-25 Page 10 of 41

Service Provider Information Page

The services to be performed under this Agreement shall commence upon final execution of the contract document. The initial term of this Agreement shall be through December 31, 2025. This Agreement shall terminate absolutely and without further obligation on the part of the County at the close of the calendar year of execution and at the close of each succeeding calendar year of renewal, if renewed. This Agreement shall be automatically renewed upon the same terms and conditions unless the County terminates the Agreement on the day of the close of the calendar year in which it was executed or within sixty (60) days after the day of the close of the calendar year of execution or of each succeeding calendar year for which it may be renewed, for a total lifetime obligation of five (5) years. If applicable, title to any supplies, materials, equipment or other personal property shall remain in the vendor until fully paid for by the County. In addition, this Agreement will terminate immediately and absolutely when appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under the Agreement. Any obligation of the County hereunder is only for such sums payable during the calendar year of execution or each calendar year of renewal, if renewed.

Certification Of Non-Collusion In Bid Preparation Signature Date

The undersigned acknowledges receipt of the following addenda, listed by number and date appearing on each:

Addendum No. Date Addendum No. Date

In compliance with the attached specifications, the undersigned offers and agrees, if this quote is accepted by the Board of Commissioners within one hundred twenty (120) days of the date of quote opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered to the designated point(s) within the time specified in the quote schedule. By submission of this proposal, I understand that Gwinnett County uses Electronic Payments for remittance of goods and services. Service providers should select their preferred method of electronic payment upon notice of award. For more information on electronic payments, please refer to the Electronic Payment information in the instructions to vendors.

Legal Business Name

Address

Does your company currently have a location within Gwinnett County? Yes No

Representative Signature Printed Name

Telephone Number E-mail address http://www.gwinnettcounty.com/portal/gwinnett/Departments/FinancialServices/Treasury/

RP009-25 Page 11 of 41

REFERENCES

Gwinnett County requests a minimum of three (3) references where work of a similar size and scope has been completed within the last five (5) years.

1. Company Name

Brief Description of Project

Completion Date

Contract Amount $ Start Dates

Contact Person Telephone

E-Mail Address

2. Company Name

Contract Amount $ Start Date

3. Company Name

Contract Amount $ Start Date

Service Provider Name

RP009-25 Page 12 of 41

GWINNETT COUNTY, GEORGIA

LIST OF SUBCONTRACTORS

I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors:

NAME AND ADDRESS

TYPE OF WORK

Service Provider Name

Insurance:

Contractor shall provide evidence of insurance for at least the coverage and amounts set forth below. All insurance shall be maintained in the form and with a company (or companies) satisfactory to the Gwinnett County Board of Commissioners. The Contractor and their Subcontractor’s/vendor’s Certificates of Insurance shall require that the County be notified in writing thirty (30) days prior to cancellation, modification, or non-renewal of any insurance policy listed on the certificate(s). Upon request, the County will be provided certified copies of all required insurance policies.

A. Minimum Coverage

Commercial General Liability (Occurrence Form):

General Aggregate (other than Prod/Comp Ops Liability) $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury Liability $1,000,000 Each Occurrence $1,000,000

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsement CG 20 10 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) and CG 2037 (edition dates of 07/04, 04/13, 12/19 or a substitute endorsement providing equivalent coverage) must be provided with your Certificate of Insurance.

• Primary and Non-Contributory Endorsement to be specified in writing

• Contractual Liability

• Broad Form Property Damage

• Severability of Interest

• Underground, explosion, and collapse coverage

• Personal Injury (deleting both contractual and employee exclusions)

• Incidental Medical Malpractice

• Hostile Fire Pollution Wording

• Include Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

• If project or operations are within 50 ft of a railroad, Contractor is required to name the specific Railroad as an Additional Insured and provide a copy of the Additional Insured Endorsement CG2417 or its equivalent.

• In the event the General Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

Automobile Liability to include:

Combined Single Limit – Each Accident $1,000,000

RP009-25 Page 14 of 41

• Comprehensive form providing coverage for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of all owned, non-owned, leased, hired, borrowed vehicles, and any other statutorily required automobile coverage.

• Gwinnett County Board of Commissioners to be named as Additional Insured

• Additional Insured Endorsements must be provided with the Certificate of Insurance

• Coverage to include loading and unloading

• Contractual Liability

Worker’s Compensation & Employer’s Liability Coverage to include:

Workers Compensation Georgia State Statutory Limits Employers Liability

Bodily Injury by Accident – Each Accident $ 500,000 Bodily Injury by Disease – Policy Limit $ 500,000 Bodily Injury by Disease – Each Employee $ 500,000

• Waiver of Subrogation in favor of Gwinnett County Board of Commissioners

Umbrella/Excess Liability Insurance with policy limits as determined by Contract Sums (higher limits may be required depending on the extent of contract):

Contract Sums:

Contracts up to $999,999 Each Occurrence and Aggregate Limit $1,000,000

Contracts from $1,000,000 to $1,999,999 Each Occurrence and Aggregate Limit

$3,000,000

Contracts from $2,000,000 to $4,999,999

$5,000,000

Contracts Over $5,000,000

$10,000,000

• Concurrency of Effective Dates with Primary

• Blanket Contractual Liability

• Drop Down Feature

• Umbrella Policy must be as broad as the primary policy.

• Coverage excess over General Liability, Business Auto Liability, and Employers Liability

• In the event the Umbrella/Excess Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five (5) years or applicable statute of limitation period following completion of the work.

• Evidence of coverage in the form of a Certificate of Insurance shall be provided to the County prior to start of work.

RP009-25 Page 15 of 41

• Gwinnett County Board of Commissioners shall be Additional Insureds.

• Contractor shall be liable for money, securities, or other property of the County.

• Such coverage shall include an owner coverage endorsement for County and County shall be included as a loss payee.

• Additional Insured Endorsements must be provided with the Certificate of Insurance

Cyber Liability Insurance: Applies if scope of work includes the storage or transfer of any County data or sensitive data (including but not limited to personally identifiable, health, or payment card data) or the related hosting of database(s) or internet site(s):

Limit of Insurance per Claim $1,000,000 Aggregate Limit $1,000,000

The Contractor shall maintain insurance coverage for network security and privacy risks, including, but not limited to, insurance for data breach or introduction of virus or malicious codes, consumer notification, whether or not required by law, forensic investigation, public relations and crisis management and credit or identity monitoring or similar remediation services, unauthorized access, failure of security information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties allowed by law.

Property Insurance:

The Contractor is fully and solely responsible for any physical loss or damage to all tools, equipment, construction office trailers and their contents, vehicles or any other personal property utilized in the performance of the Contractor’s work. Contractor agrees to waive its rights of recovery and cause its insurers, if any, to waive their rights of subrogation against Owner and Company for any such damage or loss, however caused.

Riggers Liability Insurance:

If any work to be performed involves the rigging, lifting. lowering or moving of property or equipment, then those parties performing such work shall carry Rigger’s Liability Insurance in an amount adequate to insure against the physical loss or damage to the property or equipment in its care

Aviation Insurance: Applies if scope of work requires the use of aircraft, including helicopters, unmanned aircraft systems (e.g., drones) and/or fixed-wing aircraft:

Maintain (or require aircraft owner or operator to maintain), and Contractor shall furnish proof of, Aircraft Liability insurance with minimum limits of $10,000,000 per occurrence for bodily injury and property damage of all aircraft.

Unmanned aircraft systems, minimum limits of $2,000,000 for bodily injury, property damage, and personal injury (including invasion of privacy) for unmanned aircraft systems, and guest voluntary settlement bodily injury coverage (for any aircraft except unmanned aircraft systems)

• Such policy shall include contractual liability covering all owned and non-owned aircraft

• If the party providing the Aircraft Liability insurance is not Contractor, then Contractor shall require such party to (a) waive any subrogation rights of recovery they and/or their insurance carriers may have against County and any other indemnified parties and (b) name County and such other parties as Additional Insureds

• The Contractor shall (or shall require aircraft owner or operator) to hire, employ, and utilize pilots

RP009-25 Page 16 of 41 certified by the Federal Aviation Administration to operate any such aircraft.

B. Gwinnett County Board of Commissioners (and any applicable Authority) must be specified in writing as an Additional Insured on General Liability, Auto Liability and Umbrella Liability policies.

C. The cancellation should provide 10 days’ notice for nonpayment and 30 days’ notice of cancellation.

D. Certificate Holder should read:

Gwinnett County Board of Commissioners 75 Langley Drive Lawrenceville, GA 30046-6935

E. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-7 or higher.

Certain Workers' Comp funds may be accepted subject to the approval of the Gwinnett County Insurance Unit.

European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the Contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M.

Best’s rating of A-7 or better.

F. Insurance companies providing coverage should be licensed, and authorized to do business by the Office of the Insurance and Safety Fire Commissioner of Georgia ("Insurance Commissioner"), with the exception of non- admitted carriers, in which case the broker placing coverage should be licensed by the Insurance Commissioner. All agents placing coverage should be licensed by the Insurance Commissioner, either as a resident or non- resident.

G. Certificates of Insurance, and any subsequent renewals, must reference each corresponding bid/contract by project name and project/bid number, if applicable.

H. The Contractor shall agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the County to verify compliance with these insurance requirements.

I. All insurance coverage required to be provided by the Contractor shall state that it is primary over any insurance program carried by the County.

J. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every subcontractor in any tier and shall require each and every subcontractor of any tier to comply with all such requirements. The Contractor agrees that if for any reason a subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

K. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to Gwinnett County as a to form and content has been filed with Gwinnett County. The ACORD Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of Insurance or an approved substitute.

L. The Contractor and its insurer(s) shall agree to waive all rights of subrogation against the County, the Board of

Commissioners, its officers, officials, employees, and volunteers from losses arising from work performed by the Contractor for the County.

M. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents is required to perform the services called for in the Contract. The coverage must be

RP009-25 Page 17 of 41 on a replacement cost basis. The County will be included as a Loss Payee in this coverage for County owned equipment, tools, supplies, and contents.

N. The Contractor shall make available to the County, through its records or the records of its insurer, information regarding any claim related to a County project. Any loss run information relating to a County project will be made available to the County upon its request.

O. Compliance by the Contractor and Subcontractors with the foregoing insurance requirements shall not relieve the Contractor and Subcontractors of liability under the Contract and any applicable law.

P. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

Q. The Contractor shall at a minimum apply risk management practices accepted by the Contractors’ industry.

R. The Contractor shall advise the County if required limits of insurance become eroded or impaired.

Surety Bonds (if required) All of the surety requirements will stay the same except the Surety Company must have the same rating as set forth in item E above.

RP009-25 Page 18 of 41

GENERAL CONDITIONS

To Service Provider AGREEMENT

Article

1 Definitions

2 Contract Documents

3 Changes and Extra Work

4 Personnel and Equipment

5 Accuracy of Work

6 Findings Confidential

7 Termination of Agreement for Cause

8 Termination for Convenience of the COUNTY

9 SERVICE PROVIDER to Cooperate with other SERVICE PROVIDERS

10 Indemnification

11 Covenant Against Contingent Fees

12 Insurance

13 Prohibited Interests

14 Subcontracting

15 Assignability

16 Equal Employment Opportunity

17 Anti-Kickback Clause

18 Audits and Inspectors

19 Ownership, Publication, Reproduction and Use

20 Verbal Agreement or Conversation

21 Independent Service provider

22 Notices

RP009-25 Page 19 of 41

1 DEFINITIONS

Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings:

1.1 COUNTY-means Gwinnett County, Georgia, a political subdivision of the State of Georgia.

1.2 SUPPLEMENTAL AGREEMENT-means a written order to SERVICE PROVIDER signed by COUNTY and accepted by SERVICE PROVIDER, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement.

1.3 CONTRACT-means the Agreement Documents specifically identified and incorporated herein by reference in Section 2, CONTRACT DOCUMENTS.

1.4 AGREEMENT EXECUTION-means the date on which SERVICE PROVIDER executes and enters into an Agreement with the COUNTY to perform the Work.

1.5 AGREEMENT PRICE-means the total monies, adjusted in accordance with any provision herein, payable to the SERVICE PROVIDER under this Agreement.

1.6 CONTRACT TIME-means the period of time stated in this Agreement for the completion of the Work.

1.7 SERVICE PROVIDER-means the party or parties contracting directly with the COUNTY to perform Work pursuant to this Agreement.

1.8 DEPARTMENT- means the Director or designee of requesting department(s) named in this solicitation.

1.9 DRAWINGS-means collectively, all the drawings, receipt of which is acknowledged by the COUNTY, listed in this Agreement, and also such supplementary drawings as the SERVICE PROVIDER may issue from time to time in order to clarify or explain such drawing or to show details which are not shown thereon.

1.10 SPECIFICATIONS-means the written technical provisions including all appendices thereto, both general and specific, which form a part of the Agreement Documents.

1.11 SUBSERVICE PROVIDER-means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with SERVICE PROVIDER or with any of its subservice providers at any tier to provide a part of the Work called for by this Agreement.

1.12 WORK-means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by SERVICE PROVIDER under this Agreement.

1.13 LIAISON-Representative of the COUNTY who shall act as Liaison between the County and the

SERVICE PROVIDER for all matters pertaining to this Agreement, including review of SERVICE PROVIDER'S plans and work.

RP009-25 Page 20 of 41

2 CONTRACT DOCUMENTS

2.1 LIST OF DOCUMENTS

The Agreement, any required bonds, the General Conditions, the Appendices, the Detailed Scope of Work, the Specifications, the Drawings, the Exhibits, and all Agreement Supplemental Agreements shall constitute the Agreement Documents.

2.2 CONFLICT AND PRECEDENCE

2.2.1 The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order:

1. Supplemental Agreements

2. Agreement

3. General Conditions

4. Detailed Scope of Work

5. Specifications

6. Drawings

3 CHANGES AND EXTRA WORK

The COUNTY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the SERVICE PROVIDER'S compensation, which are mutually agreed upon by and between the COUNTY and the SERVICE PROVIDER, shall be incorporated in written Supplemental Agreements to the Agreement.

4 PERSONNEL AND EQUIPMENT

The SERVICE PROVIDER represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the COUNTY. Primary liaison with the COUNTY will be through its designee. All of the services required hereunder will be performed by the SERVICE PROVIDER under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services.

The SERVICE PROVIDER shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work; and further shall employ only qualified surveyors in responsible charge of any survey work.

The SERVICE PROVIDER shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration, being in the full employ of the SERVICE PROVIDER and responsible for the work prescribed by this Agreement.

5 ACCURACY OF WORK

The SERVICE PROVIDER shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensations.

Acceptance of the work by the COUNTY will not relieve the SERVICE PROVIDER of the responsibility for subsequent correction of any errors and the clarification of any ambiguities.

RP009-25 Page 21 of 41

6 FINDINGS CONFIDENTIAL

The SERVICE PROVIDER agrees that its conclusions and any reports are for the confidential information of the COUNTY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the COUNTY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, reports, maps, data and studies prepared by the SERVICE PROVIDER pursuant thereto shall become the property of the COUNTY and be delivered to the DEPARTMENT.

Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the COUNTY.

It is further agreed that if any information concerning the PROJECT, its conduct, results, or data gathered or processed should be released by the SERVICE PROVIDER without prior approval from the COUNTY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the SERVICE PROVIDER, but should any such information be released by the COUNTY or by the SERVICE PROVIDER with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement.

7 TERMINATION OF AGREEMENT FOR CAUSE

If through any cause the SERVICE PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SERVICE PROVIDER shall violate any of the covenants, agreements or stipulations of this Agreement, the COUNTY shall thereupon have the right to terminate this Agreement by giving written notice to the SERVICE PROVIDER of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid scheduler without prior approval of the COUNTY shall constitute cause for termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the SERVICE PROVIDER under this Agreement shall become the property of the COUNTY, and the SERVICE PROVIDER shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as determined by the COUNTY.

8 TERMINATION FOR CONVENIENCE OF THE COUNTY

The COUNTY may terminate this Agreement for its convenience at any time upon 30 days notice in writing to the SERVICE PROVIDER. If the Agreement is terminated by the COUNTY as provided in this Article 8, the SERVICE PROVIDER will be paid compensation for those services actually performed. Partially completed tasks will be compensated for based on a signed statement of completion to be submitted by the SERVICE PROVIDER which shall itemize each task element and briefly state what work has been completed and what work remains to be done.

All such expenses shall be properly documented and submitted to the COUNTY for processing and payment. The County shall be the final authority in the event of any disputes over authorized costs between the COUNTY and the Service Provider.

9 SERVICE PROVIDERS TO COOPERATE WITH OTHER SERVICE PROVIDERS

If the COUNTY undertakes or awards other contracts for additional related work, the SERVICE PROVIDER shall fully cooperate with such other SERVICE PROVIDERS and the COUNTY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the COUNTY. The SERVICE PROVIDER

RP009-25 Page 22 of 41 shall not commit or permit any act which will interfere with the performance of work by any other SERVICE PROVIDER or COUNTY employees.

10 INDEMNIFICATION

SERVICE PROVIDER agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents and employees from and against any and all liability, damages, claims, suits, liens, and judgments, for whatever nature, including claims for contribution and/or indemnification, for injuries to or death of any person or persons, or damage to the property or other rights of any person or persons to the extent arising out of and attributed to the negligent acts, errors or omissions of the SERVICE PROVIDER. SERVICE PROVIDER'S obligation to protect, defend, indemnify, and hold harmless, as set forth herein above shall include any matter arising out of any patent, trademark, copyright, or service mark, or any actual or alleged unfair competition disparagement of product or service, or other business tort of any type whatsoever, or any actual or alleged violation of trade regulations.

SERVICE PROVIDER further agrees to protect, defend, indemnify, and hold harmless the COUNTY, its commissioners, officers, agents, and employees from and against any and all claims or liability for compensation under the Worker's Compensation Act arising out of injuries sustained by any employee of the SERVICE PROVIDER.

11 COVENANT AGAINST CONTINGENT FEES

The SERVICE PROVIDER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by SERVICE PROVIDER for the purpose of securing business and that the SERVICE PROVIDER has not received any non-COUNTY fee related to this Agreement without the prior written consent of the COUNTY. For breach or violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee.

12 INSURANCE

The SERVICE PROVIDER shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy (s) that will ensure and indemnify both GWINNETT COUNTY and SERVICE PROVIDER against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the SERVICE PROVIDER during the term of this Agreement. The liability under such insurance policy shall be not less than as stated in the Bid Proposal.

The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia.

The SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, Professional Liability Insurance with a limit of not less than that as stated in the Bid Proposal.

Additionally, SERVICE PROVIDER shall provide, at all times that this Agreement is in effect, automobile liability insurance with a limit of not less than that as stated in the Bid Proposal.

The policies shall be written by a responsible company(s), to be approved by the COUNTY, and shall be non-cancelable except on thirty-(30) days' written notice to the COUNTY. Such policies shall name the COUNTY as additional insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement.

RP009-25 Page 23 of 41

13 PROHIBITED INTERESTS

13.1 Conflict of Interest: The SERVICE PROVIDER agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder.

13.2 Interest of Public Officials: No member, officer, or employee of the COUNTY during his tenure or for one year thereafter, shall have any interest, direct or…