request for proposal

Request for Proposal Telephone System

Request for Proposal

RFP # 1593 for a

City‐Wide Telephone System

Date issued: May 15, 2007

Telephone System RFP 1


TABLE OF CONTENTS Description PageNon-Disclosure Agreement (NDA) (MUST BE SIGNED AND PRESENTED AT VENDORS’ CONFERENCE) To complete this form, fill in all areas highlighted in yellow.

3

1. INTRODUCTION 6 1(A) Background 6 1(B) RFP Purpose and Scope Summary 6 1(C) RFP Cover Sheet 8 1(D) No Bid Form 9 2. INSTRUCTIONS AND INFORMATION 10 2(A) RFP Timelines 10 2(B) Selection and Evaluation Team 11 2(C) RFP Contact 11 2(D) RFP Evaluation Criteria 11 2(E) Notices and Response Criteria 12 2(F) Non-Collusion Certification 17 3. SCOPE OF SERVICES 18 4. QUESTIONS 25 4(A) Background and Introduction 25 4(B) Required Services 25 4(C) Training 25 4(D) Feature Set 26 4(E) Single Point 27 4(F) Emergency Operations Center 27 4(G)Technical Requirements 27 4(H) General Questions 28 4(I) Summary 30 5. PRICING SCHEDULE 31 6. QUESTION SUBMITTAL FORM 34 7. SAMPLE CONTRACT 35 8. RFP RESPONSE SUBMITTAL CHECKLIST 41


Request for Proposal Telephone System Because of the sensitive and confidential nature of the documents to be distributed at the Vendors’ Conference, this Non-Disclosure and Confidentiality Agreement is an integral part of this RFP. It is a requirement of this RFP that it is signed by the vendor company representative and presented to the City at the Vendors’ Conference. Participation in the Vendors’ Conference is predicated on completion of this requirement.

Non-Disclosure and Confidentiality Agreement

1. This Non-Disclosure and Confidentiality Agreement (the "Agreement") between the City of Lynnwood ("the City”), 19100 44th Avenue West, Lynnwood, WA 98036 and (name of company/corporation), address: street, city, state, state of incorporation Corporation ("Company"), is dated this ___ day of ______ 2007.

2. The Parties desire to explore a potential business relationship regarding the City’s purchase of a Telephone System (the “Purpose”) and desire, to the extent allowed by law to protect confidential and proprietary information that may include, but is not limited to, trade secrets, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, maps, blueprints, diagrams, flow and other technical, financial or business information (the "Information"). Information provided in written, encoded, graphic, or other tangible form shall be deemed to be confidential and proprietary if it is clearly marked confidential. Information provided orally shall be deemed to be confidential and proprietary if it is so identified by the disclosing Party at the time of such disclosure, provided that within five (5) days of making oral confidential statements, the confidential nature of that information is confirmed in writing. Information disclosed as set forth above shall be deemed “Confidential Information.”

3. The Company shall hold such Confidential Information in confidence, with the same care it uses for its own Confidential Information, which, in no event shall be less than a reasonable standard of care, and shall use same solely for the Purpose, and further agree that it shall not make disclosure of any Confidential Information except to those employees and consultants necessary to review such Confidential Information. Before providing Confidential Information to any consultant, a Party will ensure that a nondisclosure agreement or an agreement with similar protections, is in place with each consultant that is substantially similar to this Agreement. Before providing the Confidential Information, each employee or consultant to whom such disclosure is to be made, shall be notified that such Confidential Information is received in confidence and shall be kept in confidence by such employee or consultant as set forth in this Agreement. If Confidential Information must be disclosed by the Company to third persons for the Purpose, the Company shall, before such disclosure, obtain written consent from the City and obtain from the third person a written agreement regarding confidentiality of the Confidential Information, the terms of which shall be substantially similar to those contained herein.

4. The City shall hold such Confidential Information in confidence to the extent authorized by law, with the same care it uses for its own Confidential Information, which, in no event shall be less than a reasonable standard of care, and shall use same solely for the Purpose, and further agrees that it shall not make disclosure of any Confidential Information to anyone except those employees and consultants necessary to review such Confidential Information. Before providing the Confidential Information to any consultant, the City will ensure that a nondisclosure agreement, identical to this document, is in place with each consultant. Before providing the Confidential Information, each employee or consultant to whom such disclosure is to be made, shall be notified that such Confidential Information is received in confidence and shall be kept in confidence by such employee or consultant as set forth in this Agreement. If such Confidential Information must be disclosed by the City to third persons for the Purpose, the City shall, before such disclosure, obtain written consent from the City



and obtain from the third person a written agreement regarding confidentiality of the Confidential Information, the terms of which shall be substantially similar to those contained herein. The City is governed by and must comply with the Public Disclosure Act of the State of Washington, Chapter RCW 42.56. Should the City receive a request for production under the Act for Confidential Information, it shall immediately notify the Company to afford the Company the opportunity to take such legal or equitable action as the Company deems appropriate; provided that the Company must notify the City within five (5) days of receiving notice of the request for disclosure whether the Company objects to such disclosure and will seek judicial relief. If, at the request of the Company, the City declines to disclose any information requested, the Company shall indemnify and defend the City from any claims brought or judgments, monetary penalties imposed upon the City and any attorney’s fees incurred by the City.

5. The obligation of non-disclosure and confidentiality shall not apply to any Confidential Information: (a) previously known to either Party free of any obligation to keep it confidential; (b) that has been or which becomes publicly known, through no wrongful act of either Party; (c) which is rightfully received from a third party who is under no obligation of confidence to either Party; (d) or which is independently developed by the recipient Party without resort to the Confidential Information that has been disclosed pursuant to this Agreement; or (e) is required to be disclosed in order to comply with applicable law or regulation (including without limitation, for securities law purposes) or with any requirement imposed by judicial or administrative process, or any governmental or court order but only to the extent required and, provided that the recipient Party in each such instance before making such disclosure first: (i) immediately notifies the other Party of a required disclosure or upon receipt of a governmental or court order, and (ii) cooperates with the other Party in making, if available under applicable law, a good faith effort to obtain a protective order or other appropriate determination against, or limiting disclosure or use of the Confidential Information, at no cost to the recipient Party.

6. The disclosure of Confidential Information by the disclosing Party shall not constitute an express or implied grant to the recipient Party, of any rights to or under the disclosing Party’s patents, copyrights, trade secrets, trademarks or any other intellectual property rights. All Confidential Information received by the Company shall be returned to the City promptly upon written request. If the Parties decide not to enter into a business relationship regarding the Purpose, then all Confidential Information received by the Company shall be returned to the City

7. Neither Party hereto shall in any way or in any form distribute, disclose, publicize, issue press releases, or advertise in any manner, including, but not limited to, making representations in court pleadings (except as required under law), the discussions that gave rise to this Agreement or the discussions or negotiations covered by this Agreement or the Confidential Information provided pursuant to this Agreement or that any conversations or discussions are occurring or have occurred between the Parties regarding the Purpose, nor shall either Party use the other Party’s trademarks, trade names or other proprietary marks in any manner, without first obtaining the prior written consent of the other Party.

8. Neither this Agreement, nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by either Party and the obligations contained in this Agreement shall survive and continue for a period of five (5) years from the date of this Agreement.

9. This Agreement shall be governed by the laws of the State of Washington without regard to conflicts of law. Failure to enforce any provision of this Agreement shall not constitute a waiver of any other term hereof. The Parties agree to submit to the jurisdiction of any state



court sitting in Snohomish County, Washington or the United States District Court for the Western District of Washington.

10. In addition to seeking damages, either Party may seek injunctive or other equitable relief, without the necessity of providing proof of actual damages.

11. This Agreement is a complete and integrated agreement with respect to the disclosure of Confidential Information related to the Purpose. This Agreement may be modified only in a writing executed by both Parties. Should any provision of this Agreement be deemed illegal or otherwise unenforceable, that provision shall be severed and the remainder of this Agreement shall remain in full force and effect. This Agreement may be executed by facsimile and in counterparts.

12. If a legal action between or among any Parties arises from this Agreement or the conduct of any Party with respect to any disclosing Party's Confidential Information, a prevailing Party shall recover from the other Party or parties to the action its reasonable attorney fees and costs of suit.

IN WITNESS HEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date and year written above.

City of Lynnwood Vendor name

BY:

BY:

(Authorized Signature) (Authorized Signature)

NAME: Don Gough

NAME

(Print or Type Name of Signatory) (Print or Type Name of Signatory)

TITLE: Mayor

TITLE:

(Title)

DATE:

DATE:

(Execution Date) (Execution Date)


Request for Proposal Telephone System 11.. IINNTTRROODDUUCCTTIIOONN 1(A) Background

The City of Lynnwood is located in South Snohomish County approximately 15 miles north of Seattle and 12 miles south of Everett. Lynnwood serves as the primary business center of south Snohomish County. The City of Lynnwood has a population of 35,230 and encompasses almost eight miles in Snohomish County. A mayor-council form of government administers the City with seven elected Council members and an elected Mayor. The City’s approximately 370 regular full-time employees and 170 part-time employees provide an array of services including police, fire protection, emergency medical services, water distribution, sewage collection and treatment, street construction and maintenance, and parks and recreational facilities including a pool, a senior center, and a golf course. The City also has a Municipal Court and a jail facility that provide services locally and to other governmental agencies. Elected Officials:

Mayor Don Gough Council Members Loren Simmonds, President

Ted Hikel Ed dos Remedios Ruth Ross Jim Smith Mark Smith Lisa Utter

The Mayor directs all City operations. The City’s address is 19100 44th Avenue West, P.O. Box 5008, Lynnwood WA 98046-5008. The City has nine central departments: Fire; Police; Human Resources; Public Works; Municipal Court; Economic Development; Administrative Services; Parks, Recreation and Cultural Arts; and Community Development. For more information about the City of Lynnwood, visit http://www.ci.lynnwood.wa.us. 1(B) RFP Purpose and Scope Summary The Information Services Department (IS) of the City of Lynnwood is requesting proposals for the replacement of the City’s antiquated telephone system. The City would like to replace the phone system with current voice/data technology and is requesting the new telephone system to be Voice over Internet Protocol (VoIP.) The new system shall include Unified Messaging and integrate with the City’s Exchange 2003 E-mail System. The proposals should reflect a complete system replacement as the City is not interested in upgrading, fixing or otherwise integrating any part of the existing system. Upon successful replacement and operation of the new telephone system, the old telephone system will be removed .


http://www.ci.lynnwood.wa.us/

Request for Proposal Telephone System The City, in requesting this type of system, wishes to take advantage of the benefits that a VoIP system will bring to the City. Each respondent should include in their response the benefits that their system will return to the City including, but not limited to, the costs savings of utilizing converged voice and data networks, the increased efficiency’s that staff will realize and the benefits afforded to staff and citizens available through their system. The successful respondent for this contract will be the sole authority and responsible party for this installation. The City wishes to establish a relationship that provides a single point of contact for all support necessary for the project. If the vendor utilizes any subcontractors for any part of the system architecture, design, planning, installation or support it should be understood that the successful respondent will be the sole responsible party for all activities. It is the intent of this Request for Proposal that the responder shall provide a complete, end to end solution for the installation. The vendor shall provide all design, planning, system architecture, installation, network analysis, training and post installation support for the project. City of Lynnwood staff will act in oversight and advisory positions only. The vendor is also expected to provide a comprehensive training plan for all employees. It is expected that the City IS staff will require technical training at various levels and that line staff will require training on the new systems. IS staff will work with the vendor to develop a training plan that achieves these objectives. The vendor is expected to plan and conduct the installation of the project with minimal impact to daily operations of the City and minimal impact to City staff. City IS staff will work closely with the vendor to create a working project plan that will achieve these goals. Time is of the essence for this project. The City has established a December completion timeframe for the new system. Please see Section 3, Scope of Services for complete information and requirements.



1(C) RFP Cover Sheet

CITY OF LYNNWOOD RFP No. 1593

Telephone System Response Cover Sheet

Yes No Has your company operated at least 1 year without interruption? Has an owner of your company been convicted of a crime within the past 10 years? Does any employee or official of the City have any financial or other interest in your firm?

If selected, do you agree to execute a contract essentially the same in form as the sample contract attached as Section 7?

Does your company maintain insurance in amounts specified by City contract? (if no, this does not eliminate consultant from submittal):

If no, describe differences: Are claims pending against this insurance policy? If yes, describe Does your company maintain Professional Liability Insurance? Has your company been in bankruptcy, reorganization or receivership in the last five years?

Has company been disqualified by any public agency from participation in public contracts?

Is your company licensed to do business in the State of Washington? UUnnddeerrssiiggnneedd aacckknnoowwlleeddggeess tthhaatt aaddddeennddaa __________ tthhrroouugghh __________ hhaavvee bbeeeenn ttaakkeenn iinnttoo aaccccoouunntt aass ppaarrtt ooff tthhiiss ooffffeerr.. TThhee uunnddeerrssiiggnneedd hheerreebbyy aacccceeppttss tthhee tteerrmmss aanndd ccoonnddiittiioonnss aass sseett ffoorrtthh hheerreeiinn.. TThhiiss mmuusstt bbee ssiiggnneedd aanndd ddaatteedd bbyy tthhee rreessppoonnddeenntt oorr aa rreepprreesseennttaattiivvee lleeggaallllyy aauutthhoorriizzeedd ttoo bbiinndd tthhee rreessppoonnddeenntt.. FULL LEGAL NAME OF COMPANY TYPE OF BUSINESS

Corporation Partnership (general) Partnership (limited)

Sole Proprietorship Limited Liability Company

ADDRESS

CITY/STATE/ZIP

EMAIL ADDRESS:

PHONE FAX NAME (PLEASE PRINT) TITLE

SIGNED DATE LYNNWOOD BUSINESS LICENSE



1(D) RFP No Bid Form

CITY OF LYNNWOOD RFP No. 1593 No Bid Form

Dear Prospective Bidder: If you decide not to submit a bid in response to this RFP, we would very much appreciate your completing and returning this form for our records. Reason for not submitting a bid in response to this solicitation:

______

FULL LEGAL NAME OF COMPANY

ADDRESS

CITY/STATE/ZIP

EMAIL ADDRESS:

PHONE FAX NAME (PLEASE PRINT) TITLE

SIGNED DATE Thank you for your assistance. Please mail or fax this document to:

City of Lynnwood Purchasing Division

Attn: Marty Manegold, C.P.M. PO Box 5008

Lynnwood, WA 98046-5008 Fax: (425) 778-5632



2. RFP instructions and information 2(A) RFP Timeline

Day/Date Description

May 15, 2007 Advertisement announcing RFP placed in Everett Herald and Daily Journal of Commerce. Announcement of RFP placed on City of Lynnwood website

May 15, 2007 RFPs available to vendors via email and website.

May 31, 2007 12:00 noon to

3:00 p.m.

Vendors’ mandatory conference to be held at City of Lynnwood Fire Station #15 located at 18800 44th Avenue West, Lynnwood, Washington. The Non-Disclosure Agreement (NDA) signed by the vendor’s authorized representative must be presented at this meeting in order to obtain specifications and participate in the RFP process.

June 6 Written answers to applicable questions posed at vendors’ conference distributed to all known respondents.

June 13 Written questions from vendors due on form in Section 6.

June 18 Written replies to vendor questions distributed to all known vendors.

June 29, 2007 RFP responses due.

July 2, 2007 through

July 19, 2007

Vendors’ responses will be analyzed and scored by the evaluation team. The total score will factor heavily into the City’s decision as to which vendors will be considered finalists.

July 20, 2007 A decision is made as to which vendors will be finalists. All vendors will be notified of the City’s decision.

Week of July 23, 2007

Finalists’ reference calls may be made at the City of Lynnwood’s discretion. Optional vendor presentations and/or potential site visits

Mid August Award is made subject to successful negotiation of terms and conditions. Award posted on website.

Mid August Five day window for non-successful vendor submittals

August 23, 2007 Contract negotiations begin

August 23, 2007 Transition, implementation, development plans are begun



2(B) Selection and Evaluation Team

Mayor and City Council Stakeholders

Paul Haugen, MCSE, CISSP Assistant Finance Director, Information Services Team Leader

Marty Manegold, C.P.M. Purchasing and Contracts Manager Team Member

A cross section of employees from other City of Lynnwood departments Team Members

2(C) RFP Contact

Marty Manegold, C.P.M. Purchasing and Contracts Manager

PO Box 5008 Lynnwood, WA 98046-5008 Phone: 425.670.6602 Fax: 425.778.5632

2(D) RFP Evaluation Criteria

An evaluation team composed of the members of the Selection and Evaluation Team listed in Section 2(B) and others will evaluate the RFP responses received from each vendor. Prior to the selection of the award, the City of Lynnwood reserves the right to conduct on-site visits of any respondents’ facilities and require each vendor to present items contained in the RFP response and any other items deemed appropriate by the City of Lynnwood. If an award is made as a result of this RFP, it shall be awarded to the respondent whose proposal is most advantageous to the City with price and other factors Including, but not limited to, Responses to the RFP questions; demonstrated technical ability and expertise; financial stability; reference calls and/or recommendations; memberships, licenses, ISO Certifications or any other applicable membership or certifications; presentations to the City evaluation team (if applicable); on-site visits at vendor’s site (if applicable), product samples which the City may, at its discretion, request as part of the RFP process; any additional criteria deemed appropriate by the City which would lend itself to establishing the Service Provider’s viability to perform the work as outlined in this RFP. When determining whether a respondent is responsible, or when evaluating a respondent’s proposal, the following factors will be considered, any one of which will suffice to determine if a respondent is either not a responsible respondent or the respondent’s proposal is not the most advantageous to the City:



1. The ability, capacity and skill of the respondent to perform the contract or provide the service required.

2. The character, integrity, reputation, judgment, experience and efficiency of the respondent.

3. Whether the respondent can perform the contract within the time specified 4. The quality of performance of previous public and private contracts or

services, including, but not limited to, the respondent’s failure to perform satisfactorily or complete any written contract. The City’s termination for default of a previous contract with a respondent shall be deemed to be such a failure.

5. The previous and existing compliance by the respondent with laws relating to the contract or services.

6. Evidence of collusion with any other respondent, in which case colluding respondents will be restricted from submitting further bids on the subject project or future tenders.

7. The respondent is not qualified for the work or to the full extent of the RFP. 8. There is uncompleted work with the City or others, or an outstanding dispute

on a previous or current contract that might hinder, negatively affect or prevent the prompt completion of the work bid upon.

9. The respondent failed to settle bills for labor or materials on past or current public or private contracts.

10. The respondent has been convicted of a crime arising from a previous public contract, excepting convictions that have been pardoned, expunged, or annulled.

11. The respondent has been convicted of a crime of moral turpitude or any felony, excepting convictions that have been pardoned, expunged or annulled, whether in this state, in any other state, by the United States, or in a foreign country, province or municipality. Respondents shall affirmatively disclose to the City all such convictions, especially of management personnel or the respondent as an entity, prior to notice of award or execution of a contract, whichever comes first. Failure to make such affirmative disclosure shall be grounds, in the City’s sole option and discretion, for termination for default subsequent to award or execution of the contract.

12. More likely than not, the respondent will be unable, financially or otherwise, to perform the work.

13. At the time of RFP opening, the respondent is not authorized to do business in Washington State, is not registered as a contractor in Washington, or otherwise lacks a necessary license, registration or permit.

14. Such other information as may be secured having a bearing on the decision to award the contract.

15. Any other reason deemed proper by the City.

2(E) Notices and Response Criteria

This RFP has been compiled in good faith. The information contained within is selective and subject to the City’s updating, expansion, revision and amendment.

The City reserves the right to change any aspect of, terminate, or delay this RFP, the RFP process and/or the program which is outlined within this RFP at any time, and notice shall be given in a timely manner thereafter.



Recipients of this RFP are advised that nothing stated herein, or any part thereof, or any communication during the evaluation and selection process, shall be construed as constituting, offering or awarding a contract, representation or agreement of any kind between the City and any other party, save for a formal written contract, properly executed by both parties.

Responses to this RFP will become the property of the City, and will form the basis of negotiations of an agreement between the City and the successful vendor.

The City is not liable and will not be responsible for any costs incurred by any vendor(s) for the preparation and delivery of the RFP responses, nor will the City be liable for any costs incurred prior to the execution of an agreement, including but not limited to, presentations by RFP finalists to the City.

During the review of this document, please note the City’s emphasis on the expectations, qualities, and requirements necessary to be positioned as an RFP finalist and successful vendor.

Questions from respondents regarding this RFP (other than those submitted at the vendors’ conference) must be submitted in writing, electronic format (MS Word) on the question submittal form provided in Section 6 and returned via an attachment to an email sent to the RFP Contact shown in Section 2(C). Questions from respondents pertinent to this RFP will be answered so long as they are received by the day/time indicated in RFP Timeline, Section 2(A) and in the specified format. Answers to all pertinent questions will be sent to all known respondents.

NOTE: Please review the following additional criteria:

1. WAIVER OF MINOR ADMINISTRATIVE IRREGULARITIES The City reserves the right, at its sole discretion, to waive minor administrative regularities contained in any proposal.

2. SINGLE RESPONSE A single response to the RFP may be deemed a failure of competition, and in the best interest of the City, the RFP may be cancelled.

3. PROPOSAL REJECTION The City reserves the right to reject any or all proposals at any time without penalty.

4. WITHDRAWAL OF PROPOSALS Vendors may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by an authorized representative of the vendor must be submitted to the RFP Contact. The vendor may submit another proposal at any time up to the proposal closing date and time.

5. NON-ENDORSEMENT As a result of the selection of a vendor to supply products and/or services to the City, the City is neither endorsing nor suggesting that the vendor's product is the best or only solution. The vendor agrees to make no reference to the City in any literature, promotional material, brochures,



sales presentation or the like without the express written consent of the City. 6. PROPRIETARY PROPOSAL MATERIAL Any information contained in the proposal that is proprietary must be clearly designated. Marking the entire proposal as proprietary will be neither accepted nor honored. If a request is made to view a vendor’s proposal, the City will comply according to the Open Public Records Act, chapter 42.17 RCW. If any information is marked as proprietary in the proposal, such information will not be made available until the affected vendor has been given an opportunity to seek a court injunction against the requested disclosure. 7. RESPONSE PROPERTY OF THE CITY All materials submitted in response to this request become the property of the City. Selection or rejection of a response does not affect this right.

8. NO OBLIGATION TO BUY The City reserves the right to refrain from contracting with any vendor. The release of this RFP does not compel the City to purchase.

9. COST OF PREPARING PROPOSALS The City is not liable for any costs incurred by vendors in the preparation and presentation of proposals and demonstrations submitted in response to this RFP.

10, ERRORS IN PROPOSAL The City will not be liable for any errors in vendor proposals. Vendors will not be allowed to alter proposal documents after the deadline for proposal submission.

The City reserves the right to make corrections or amendments due to errors identified in proposals by the City or the vendor. This type of correction or amendment will only be allowed for such errors as typing, transposition or any other obvious error. Vendors are liable for all errors or omissions contained in their proposals.

When, after the opening and tabulation of proposals, a Respondent claims error and requests to be relieved of award, s/he will be required to promptly present certified work sheets. The RFP contact will review the work sheets and if the RFP Contact is convinced, by clear and convincing evidence, that an honest, mathematically excusable error or critical omission of costs has been made, the Respondent may be relieved his/her proposal.

After opening and reading proposals, the City will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between a price per unit and the extended amount of any proposal item, the price per unit will control. The City will use the total of extensions, corrected where necessary. 11. BID BOND A bid bond is not required.



12. PERFORMANCE BOND A Performance Bond is not required. 13. RESPONSE INFORMATION Information regarding this Request for Proposals, including any addenda, is available at www.ci.lynnwood.wa.us (see Purchasing, Architects, Contracts & Small Works) or contact Marty Manegold at (425) 670.6602 or e-mail [email protected].

14. PROPRIETARY MATERIAL SUBMITTED Any information contained in the response that is proprietary must be clearly designated. Marking the entire response as proprietary will be neither accepted nor honored. If a request is made to view a response, the City of Lynnwood will comply according to the Open Public Records Act, Chapter 42.17 RCW. If any information is marked as proprietary in the response, such information will not be made available until the affected vendor has been given an opportunity to seek a court injunction against the requested disclosure.

15. RESPONSE PROPERTY OF THE CITY OF LYNNWOOD All materials submitted in response to this request become the property of the City of Lynnwood. Selection or rejection of a response does not affect this right. 16. NO OBLIGATION TO BUY The City of Lynnwood reserves the right to refrain from contracting with

any vendor. The release of this Request for Proposals does not compel the City of Lynnwood to contract with any vendor. The City of Lynnwood may elect to proceed further with this project by interviewing firm(s) well suited to our project, conducting site visits, or proceeding with an award.

17. COST OF PREPARING RESPONSES The City of Lynnwood is not liable for any costs incurred by vendors in the

preparation and presentation of bids and demonstrations submitted in response to this RFP.

18. ADDENDA Vendors are responsible for checking the City of Lynnwood’s website for

the issuance of any addenda prior to submitting a response. The address is www.ci.lynnwood.wa.us (see Purchasing, Architects, Contracts & Small Works).

19. CONTRACT AWARD AND EXECUTION The City will select the proposal that, in its sole discretion, is the most advantageous to the City. The City reserves the right to make an award without further discussion of the proposal submitted; there may be no best and final offer procedure. Therefore, the proposal should be initially submitted on the most favorable terms the vendor can offer.

The City shall attempt to negotiate a contract with the Respondent who offered the most advantageous proposal at a price which the City determines is fair and reasonable. If the City is unable to negotiate a


http://www.ci.lynnwood.wa.us/bidcont/bidcont.htm

http://www.ci.lynnwood.wa.us/

http://www.ci.lynnwood.wa.us/Content/Business.aspx?id=9

http://www.ci.lynnwood.wa.us/Content/Business.aspx?id=9


satisfactory contract with the firm selected at a price the City determines to be fair and reasonable, negotiations with that firm shall be formally terminated and the City shall select the next best proposal and continue until an agreement is reached or the process is terminated.



2(F) Non-Collusion Certification

City of Lynnwood RFP No. 1593

Telephone System RFP

NON-COLLUSION CERTIFICATION

I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting an offer for this bid/quote, and is in all respects fair and without collusion or fraud. The below signed respondent has not divulged to nor discussed or compared his/her bid with other vendors and has not colluded with any other respondent or parties to bid whatsoever. Note: No premiums, rebates or gratuities to any employee or agent are permitted either with, prior to, or after any delivery of materials and/or services. Any such violation will result in the cancellation and/or return of material as applicable. Company Name: ______ Mailing Address: City-State-Zip: _____ Date: Authorized Signature: ______________________________ (written) Authorized Signature: ________________________ (typed/printed) Title: ___________________________________________________________________



3. SCOPE OF SERVICES 3(A) Existing Telephone and Voicemail Systems Overview The existing Private Business Exchange (PBX) at City Hall has become obsolete and needs to be replaced. The City has need for enhanced telephony capabilities at the City Hall Main Campus and our remote sites. The remote sites, Fire Department Station 14, Senior Center, Waste Water Treatment Plant, Utility Maintenance Center, a Joint Public Works/Central Stores facility and the City’s Golf Course and Annex currently have connectivity to City Hall via our central PBX system and T-1 leased circuits. In addition to the remote sites, the City also has need of providing telephone services to several remote sites not on T-1 grade leased circuits. These facilities are the Athletic Fields and Parks Maintenance shop, currently on DSL circuits. 3(B) Summary of Requirements The new Telephone, Voicemail and Unified Messaging system design should provide a uniform communication system for all current City facilities and shall be expandable at the convenience of the City. The new system must provide a single system in terms of dialing, feature access, and administration. The City intends to have the new Telephone System administered from our City Hall location. The City currently operates with leased copper pair and fiber to provide voice connectivity at other City facilities but is expected to have a full fiber infrastructure to each remote location in preparation for the Telephone System installation. Our research has concluded that a Voice over Internet Protocol (VoIP) solution would be advantageous to the City and the City wishes all respondents to make their proposals accordingly. The City will not entertain responses that do not offer VoIP as the recommended solution. As a matter of course, the City may maintain a number of digital and analog phones for specialized purposes. The total number of handsets, endpoints, and ports needed for each location, including City Hall will be distributed at the vendors’ conference. This RFP does not specify a manufacturer. The City has determined that this request for proposal shall be vendor and manufacturer agnostic. We anticipate vendors will evaluate the City’s functional requirements and propose the best solution for the City’s needs regarding the Equipment and Manufacturer Platform. 3(C) Network Assessment The City understands and expects that the respondent will need to provide a full network assessment to determine the viability of integrating and installing the new voice system onto the existing data network. The needs and expectations of a converged network do place different requirements on the network in terms of Quality of Service (QOS), packet prioritization, cable quality, termination specifications, etc. Although the City believes that our network is Voice ready, we desire the Vendor to perform a full network


Request for Proposal Telephone System assessment and determine what, if any, network updates or quality mitigation processes must be achieved in order to support the new Converged Data/Voice system. Respondent will provide all results of the assessment including necessary network maps, specification thresholds, specific problem areas and the recommended solution and cost for each. The City will provide a detailed network map to respondents at the first vendor conference. Please see Section 2(A) for details. Please note: As these maps will contain confidential information concerning the City of Lynnwood network infrastructure, all respondents must complete the City’s Non-Disclosure Agreement (NDA) prior to participation in the Vendors’ Conference and receiving the network architecture information. This NDA is appended to the beginning of this RFP and as such becomes a part of this document. 3(D) Cable The network assessment should include the cost to test existing City network cabling. Vendor will provide cable from the wall to the phone. As the installation is expected to be “in-line” with the handset/endpoint existing between the wall jack and the computer, any additional cabling will be provided by the vendor. The respondent will be responsible for wiring connections from the VoIP system to any communications equipment utilizing the VoIP system. Respondent is responsible for re-termination of services from existing system to the new VoIP system. Any additional cabling/wiring needed by the Respondent to complete the installation should be included as part of the RFP response. 3(E) Required Services

3(E)1 911 Services Emergency 911 Services are mandated for this system. The vendor shall provide a solution for 911 dialing from within the City network that achieves all of the expected performance of a 911 system without substantially changing any of the expected normal operations of the system. If a staff person currently presses 911, it is expected that they will continue to perform the same activity and achieve the same result. Additional capabilities expected from the emergency call procedure are the ability to initiate an emergency call to be automatically routed to other desks within the City.

3(E)2 Reverse911 The City wishes to consider implementing a Reverse 911 system that allows the City to initiate Citywide or geographically designated phone calls in case of emergency or announcement.

• Describe Reverse 911 capabilities and Costs

3(E)3 Call Accounting System (CAS) A Call Accounting System (CAS) is required and must be part of the base proposal for this system. The CAS must



include Call Dialing Report (CDR) for inbound, outbound and internal calls and usage reports for all types of inbound, outbound and internal calls. The system should provide the ability to bill for usage by station, group, division, department or building.

Please describe your solution to the Call Accounting System and attach sample reports. Vendor should also provide training for up to 3 employees in the administration, maintenance, programming and daily operation of the Call Accounting System.

3(E)4 Unified Messaging The City also wishes to implement Unified Messaging and integrate the VoIP system with the City’s Exchange E-Mail system. The City is currently on Exchange 2003. The vendor shall propose the best way to achieve this with full functionality and with minimal impact on services. Vendor shall also provide any costs necessary for licensing that may be required to achieve this.

As the City is planning on migrating to the Exchange 2007 environment within the next two years, the solution proposed should be able to smoothly transition to Exchange 2007 with minimal additional work. The City is also interested in future integration with Microsoft Communication Server. Respondent shall also provide a plan for the smooth integration of Microsoft Communication Server at a point in the future.

3(F) Training Vendor is to provide a comprehensive training plan that incorporates multiple levels of training for City staff. It is expected that ALL City Staff (370 full-time, 100 part-time) will receive training on the usage of the proposed telephones. Other specific training expectations for the employees listed are as follows:

• Receptionist Training (5 employees) • Departmental Administrators (20 employees) • System Administrator (Voice) (2 employees) • Help Desk (2 employees) • System Administration (Network) (2 employees)

Vendor is expected to provide recommendations for staff time requirements, availability and qualifications for training, maintenance and support for System Administration, Call Accounting, including Voicemail system.

1. In the RFP response, respondent will provide a complete list of off-premise training classes including a complete description, cost, number of days, and location. Also describe for whom each class is designed. 2. Respondent will provide in-house training for end-users at designated locations for City employees. Times and places for training will be negotiated at the time of contract award.



3. Respondent will provide manuals and operational handbooks as part of the proposal to all City employees on site at each location at no cost to the City. Additional copies to be determined. 4. Respondent will provide a training plan to accomplish this. The City will accept “Train the Trainer” solutions for some training. Please provide your solution for this option.

3(G) Feature Set (non-inclusive)

The list below is a partial list of features that have been requested by City employees and is not a complete list. It is provided as a baseline and as a starting point for the expected operations of the system. The City expects the successful vendor will have had experience with municipalities, corporations and other businesses of the City’s size and scope and will be able to provide consulting advice, input and insight into what other City’s are using and to provide suggestions that will enhance the usability and functionality of the system.

• Automatic Callback • Call Waiting • Paging & Group Paging • Direct Inward Dial (DID) • Distinctive Rings • Various Analog Devices (Stations, Fax, Modem) • Automatic Call Distribution (ACD) Groups • Custom Call Routing (CCR) • Group Call Pickup • Fax Management • Remote Maintenance • Voice Mail • Night Service • Soft phone features • Consistent and excellent voice quality • Toll Charges, classes of service for Toll restriction • Add On Conference (up to 12) • Conference bridging for internal and external • Automatic alternate routing • Call forward capability to external numbers, using limited toll • SMDR (Station Message Detailed Report) • Overhead Paging and External Bell Capability • Orbit (Park and Page) • Music on Hold • Voice Mail Light Indicator • Remote Handsets • Voice over Wireless Lan/Wan • Remote Web Administration • Voice over VPN



3(H) Single Point of Responsibility The City expects to have a single point of contact, i.e. a single point of authority and a single contracting entity for this project. The City will not enter into any agreement that does not provide a single point of accountability for the installation of the system. 3(I) Emergency Operations Center

The City maintains an Emergency Operations Program that establishes an

Emergency Operations Center (EOC) in time of need. Responder shall provide a list of features that support the establishment of an EOC on short notice. 3(J) Technical Requirements The vendor must provide a complete system design showing the integration of the voice network into the data network. Further, the vendor must provide methodology for assuring voice quality throughout the system. Core system servers, switches, call managers and other equipment will be installed in the City Data Center. Remote site equipment will be installed in secure data closets at each remote site. Vendor will provide recommendations and drawing showing the placement of the equipment in the appropriate network racks or cabinets. If the amount of rack space is insufficient, Vendor shall make sure additional racks or cabinets are included in the bid. If respondent proposes a switching solution based on Power over Ethernet(POE), respondent shall provide detailed specifications for the switching equipment, pricing and placement for the equipment. Maintenance costs of this equipment shall be reflected in the maintenance section of the response. Redundancy/Failover. It is the intent of this proposal to have a system that has failover capabilities in case of system failure and to have an acceptable level of redundancy in case of power failure or other incident. Please provide your solution to assure the system is operational 24/7. The City currently has backup UPS and generator capability for sections of the Main Campus and other facilities. Details of the current power redundancy plan will be provided at the first vendor conference. The respondent shall provide a plan to assure continuous operations in areas not served by UPS and/or generator. 3(K) System Administration Information Services Network and Operations staff at City Hall will administer the system. Installation of the new VoIP system will include training for staff in system administration. Remote administration of the system must be available to technical and operations staff. Respondent to supply all additional equipment and software needed for the system programming and operation.



3(L) System Design Requirements The City uses a 4-digit internal dialing plan. As the City has the opportunity to improve on an aggregated dialing system that has developed over the years, the City would like to avail itself of a new dialing plan and number schema. Vendor will provide assistance in developing the new plan and assuring correct operations. Vendor to also provide assessment of external Primary Rate Interface (PRI) needs based on best practices. 3(M) Security The system should have security set features built in that allow the administrator to remotely administer security levels of users. It should fully integrate with the City’s Active Directory and should allow the administrator to control class of service and class of restriction. 3(N) Vendor requirements Respondent will provide documentation showing call handling and device addressing schemes, an initial inventory of equipment for each completed location including model and serial numbers of phones, switches and routers, as well as any other relevant equipment. 3(O) Project Management Vendor is expected to provide a project manager for this installation that will interface and become the main contact with the vendor for the duration of the project. This project manager will be assigned to the City throughout the life of the project and whose assignment will not be changed without the prior consent of the City. The City expects that the project manager will attend weekly meetings at the City. The City reserves the right to request a change in project management based on performance. 3(P) Earthquake Mitigation All equipment shall be installed to meet earthquake mitigation standards. 3(Q) Maintenance and Support Vendor shall provide the City with a complete listing of available service and support plans. These shall include the range of offered services including all levels of support plus the escalation plan. As follows:

• An itemized list of services for each site. • Ongoing Maintenance cost. • Forecast any increase for 2-3 years for hardware and software maintenance. • Respondent to provide detail of local support, hours or limits of coverage for

service and repairs. • Respondent to provide their maintenance plan options with one hour or less

response times.



• Provide software upgrade plans inclusive in Maintenance. 3(R) Transition Plan The City expects the installation of the new system to have little or no impact to on-going City operations. Vendor is expected to have experience in this area and to provide the City with a plan to accomplish this as follows:

• Respondent to create a design to move the units off the old system to the new system with minimized disruption to staff and to create a pre planned schedule for notification purposes.

• Respondent to provide how (and validate procedure) the parallel process will migrate old to new.

• All documentation, installation, reports and materials must be provided to City of Lynnwood prior to commencement of installation, followed by submission of any Moves, Adds, Changes (MAC).

3(S) Telephone Locations and Count Specific locations and counts of ports, etc. will be provided at the Vendors’ Conference. City Hall provides the main hub for service to all City of Lynnwood facilities. The majority of the City’s telephone circuits are delivered to City Hall. Verizon local T1 circuits for inbound/outbound local calling and Direct Inward Dial (DID) numbers for City Departments and users provide the backbone for the City’s approximately 350 telephones.



4. QUESTIONS Please type your responses in the text box underneath each question (the text

box will expand to fit any size response). The parenthetical numbers(letters) are provided as a courtesy so that the Scope of Work paragraph, if applicable, can be referenced.

4(A) Background and Introduction 1. Do you have any questions about the existing telephone / voicemail system which are pertinent to your response? 3(A)

2. Do you have any questions about the summary of requirements which are pertinent to your response? 3(B)

3. Describe the full network assessment you will provide as stated in 3(C)

4. Indicate your ability to perform the cable installation and connections as stated in 3(D).

4(B) Required Services

1. Indicate your plan of action to perform and experience in performing the 911 services. 3(E)1

2. Indicate your plan of action to perform and experience in performing the Reverse 911 services. 3(E)2

3. Describe your solution to the Call Accounting System. 3(E)3

4. Describe your solution to comply with the City’s proposed Unified Messaging and migration to VoIP and Exchange 2007. 3(E)4

4(C) Training 1. Indicate your comprehensive training solution to train of all City employees of all levels. Indicate if this is a “train the trainer” implementation. 3(F)

2. Indicate your comprehensive training solution to train all employees, with recommendations relative to staff time requirements. 3(F)



3. Provide a complete list of off-premise training classes including description, time required, location, and target audience 3(F). Any cost for these services is included in Section 5, Pricing Schedule.

4. Provide a summary of in-house training for end-users at designated locations. Times and places will be provided to the successful vendor and will become a part of negotiations. 3(F)

5. Indicate the number of manuals and operational handbooks to be provided to each employee on site at each location, at no additional cost to the City. 3(F)

6. Indicate the method that the City will use to obtain additional manuals and handbooks. 3(F)

4(D) Feature Set 1. The following is a list of features, non-inclusive, that have been requested. Please indicate your inability to furnish a feature by striking through that feature you are not able to provide. In addition, as this is not a complete list, please indicate any additional features in the space provided. 3(G)

• Automatic Callback • Call Waiting • Paging & Group Paging • Direct Inward Dial (DID) • Distinctive Rings • Various Analog Devices (Stations, Fax, Modem) • Automatic Call Distribution (ACD) Groups • Custom Call Routing (CCR) • Group Call Pickup • Fax Management • Remote Maintenance • Voice Mail • Night Service • Soft phone features • Consistent and excellent voice quality • Toll Charges, classes of service for Toll restriction • Add On Conference (up to 12) • Conference bridging for internal and external • Automatic alternate routing • Call forward capability to external numbers, using limited toll • SMDR (Station Message Detailed Report) • Overhead Paging and External Bell Capability



• Orbit (Park and Page) • Music on Hold • Voice Mail Light Indicator

Enumerate below any/all additional features you can provide that are not listed above:

4(E) Single Point of Responsibility/Accountability 1. The City’s expectation is to have a single point of contact, i.e. a single point of authority and a single contracting entity for this project. This is of a critical nature for this RFP; a contract will NOT be awarded to a vendor who does not have this single point of accountability. Indicate below your understanding and compliance with this requirement. 3(H)

4(F) Emergency Operations Center (EOC) 1. Indicate a list of features that support the establishment of an EOC on short notice. 3(I)

4(G)Technical Requirements 1. Provide a complete system design and methodology for assuring system wide voice quality. 3(J)

2. Recommend and illustrate equipment to be installed in the City Data Center, ensuring that additional racks and/or cabinets are included in the bid. 3(J)

3. Provide a solution to redundancy/failover in case of system wide failure, ensuring that the system is operational 24/7. Provide a plan to assure continuous operations in areas not served by UPS and/or generator. 3(J)

4. VoIP will require specialized training for system administration staff; remote system administration is required. Vendor will supply ALL additional equipment and software for


Request for Proposal Telephone System system programming and operation. Indicate below your solution for this requirement. 3(K)

5. The City will adopt a new dialing plan and number schema. Vendor will provide assistance in developing this plan as well as assessment of Primary Rate Interface needs based on best practices. Indicate below your solution for this requirement. 3(L)

6. System security features need to be built in allowing the administrator to remotely assess all levels of users. Indicate below your ability to provide this level of security. 3(M)

7. Provide documentation showing call handling and device addressing schemas, initial equipment inventory for each location including model/serial numbers, switches, routers and other relevant equipment. 3(N)

8. The vendor-provided project manager for installation and continuing contact with the vendor is a critical position. The City wishes to be able to meet and interview this person as part of any finalist interview. Please indicate concurrence with this philosophy. 3(O)

9. Provide below a scope of work to meet data center requirements for earthquake mitigation installation. 3(P)

10. Vendor will provide below a complete listing of maintenance and support services indicated and the range of services offered. 3(Q)

• An itemized list of services for each site. • Respondent to provide detail of local support, hours or limits of coverage for

service and repairs. The below items are to be priced in Section 5, Pricing Schedule

• Ongoing Maintenance cost. • Forecast any increase for 2-3 years for hardware and software maintenance. • Provide software upgrade plans inclusive in Maintenance. • Respondent to provide maintenance plan options and costs with one hour or less

response times.

4(H) General Questions 1. Do you meet our business size requirements? We prefer not to represent more than

30% of any vendor’s total revenue.


Request for Proposal Telephone System 2. How many years has your company been in business? How long have you been

providing telephone systems? What is your company’s primary line of business?

3. Provide a brief overview of your company (furnish your business philosophy, mission

statement, management structure, organization chart, etc.).

4. How many employees do you have? What is the total years’ experience your

employees have in this profession; what is the average?

5. State the type of ownership of your company. Give the State and date of your

incorporation if applicable. List headquarters and regional / full-service office locations, and website address.

6. Provide the key contact name, title, address, telephone and fax numbers. Also

identify the person(s) authorized to contractually bind the organization. Provide resumes for owners and key sales personnel.

7. Please indicate any industrial organizations to which you belong.

8. Please attach your audited annual reports or certified financial statements for the past three (3) years. Include your auditor’s certifying opinion on the financial statements.

9. Are you wiling to share these financial reports with us on an ongoing basis to allow

us to verify your fiscal stability?

10. Please provide credit references to demonstrate your company’s future viability.

Please include your Dun & Bradstreet number (D-U-N-S number).

11. Please provide status of any current or pending litigation against your company that

might affect your ability to deliver the services that you offer.

12. Do you anticipate that your company will be acquired in the foreseeable future? Is

your company planning to acquire any other companies? If yes, please provide the names of the companies and the nature of the business.

13. Provide case histories of at least five (5) companies you have serviced in the last five

(5) years



14. Include names of three (3) current customers (title and phone numbers) that have

had installations similar to that described in this RFP and a letter of recommendation from each.

15. Please include reference names of former customers, if any, (title and phone

numbers) and the reasons for disengagement of your services.

16. What type of insurance coverage do you carry? Describe the amount of coverage.

17. Describe any other value-added services your company is capable of providing.

4(I) SUMMARY Explain in one page or less how your solution will differentiate you from other vendors and why we should choose you as our successful vendor. List the unique features that give your company a competitive edge in the telephony industry.



5. Pricing SCHEDULE Provide pricing in the matrix below for all equipment and services, including switches, telephones, telephone cabling, labor, etc. All prices on equipment must be itemized as shown and must be submitted on the form shown below. Additionally, the City reserves the right to purchase all or some of the proposed solution. The City wishes to ascertain any/all maintenance costs and the length of the warranty on the system. The maintenance cost should include the all inclusive hourly charge rates (during specified hours), any travel expenses to be reimbursed, the percentage of mark up on any materials. The equipment, labor, and training prices below MUST remain firm until December 31, 2008, the end of the City’s biennium. Subsequent to that time, the City will entertain negotiations to determine any price adjustments for the next biennium. Any price adjustments through the life of this agreement will be mutually agreed upon in writing at the time of the award. 5(A) Equipment

Item Description Quantity Unit Price Total Price 1 2 3 4 5 Vendor may add additional lines as needed

5(B) Labor

Item Description # of Hours

Hourly Rate Total Price

1 2 3 4 5. Vendor may add additional lines as needed

5(C) Training – also indicate training that will be at no additional charge

Item Description # of Classes

Cost per class Total Price

1 2 3 4 5. Vendor may add additional lines as needed



5(D) Maintenance Provide Annual Maintenance costs. If discounts are available for multi-year support agreements, please provide this information regarding the length of term and the net discount percentage. Please also ensure that your prices below are firm until December 31, 2010.

Item Description Discount %

Length of term

Total Price

1 Full maintenance: supporting hardware and software 8 a.m. to 5 p.m., Monday – Friday with four (4) hour on site response

2 Full maintenance: supporting hardware and software seven (7) days a week, 24 hours a day, with four (4) hour on site response

3 What is your plan for emergency response in case of critical failure? Do you have an emergency response plan with one (1) hour or less response? If so please explain and include pricing. If not, so indicate.

4 If the City chooses time and materials coverage, what is the rate for standard business hours and after hours? State your definition of business hours.

5 Will your company support a maintenance contract that covers core components only (e.g. servers, software, switch’s and common control cards) with no peripherals, or station sets?

6 Propose the maintenance you believe would best serve the City.

5(E) Reimbursable Expenses (including Travel)

Alternate A: This contract includes no reimbursable expenses.

Alternate B: This contract includes the following reimbursable expenses:

Type of Expense Maximum $$ Per Item Cumulative $$ Maximum

Parking Meals Travel


Request for Proposal Telephone System 5(F) Other

Respondent must list below any and all charges, expenses, and/or costs to be incurred by the City that are not included in this section. Failure to specifically and thoroughly enumerate such items may be a cause for disqualification.



1. QUESTION SUBMITTAL FORM Questions regarding this RFP must be submitted in writing, in electronic form (MS Word), on the form provided in this Section 6 (below) and returned via: email to the RFP Contact listed in Section 2(C), and only during the allotted timeframe detailed in the timeline, Section 2(A). Only ONE question per form is permitted; duplication of the form is acceptable in the event you have additional questions. Answers to all pertinent questions from all Vendors will be returned to all RFP participants without identifying the Vendor making the inquiry. START BELOW HERE --- use “CUT” and then “PASTE” to another MS Word document

TELEPHONE SYSTEM RFP QUESTIONS FORM

RFP SECTION

AND PARAGRAPH:

RFP PAGE NUMBER:

SUBMITTED BY: DATE SUBMITTED:

EMAIL: PHONE: COMPANY NAME: All vendors are required to direct their questions to the RFP Contact listed in Section 2(C). Please type all the questions in text box provided below. The text box will expand to accommodate any size of questions. Only one question per form is permitted,

PLEASE TYPE QUESTIONS IN THE SPACE PROVIDED BELOW:

..........................................................STOP ABOVE HERE. ..........................................................



SAMPLE CONTRACT 7. SAMPLE CONTRACT

CITY OF LYNNWOOD Contract # 1593

Telephone System This Contract, dated effective ___________, is made and entered into between Lynnwood of Lynnwood ("Lynnwood"), and ________________________, ("Contractor")

Business Name: Contract Name: Business Address: Phone: FAX: E-Mail: FID/SSN#:

Whereas the purpose of this contract is _____________; Whereas Contractor was selected using the following process_________________ and approved by Council on _________; NOW THEREFORE, in consideration of the terms, conditions, convenants and performance of the scope of work contained herein, or as attached and incorporated and made a part hereof, Lynnwood and the Contractor mutually agrees as follows:

1. Scope of Work. Contractor shall provide all supplies, equipment and services, according to the schedule prescribed. The

materials shall be provided and orders completed according to the time schedule contained in this Contract.

The Contract shall, at all times, be subject to inspection by and with the approval of Lynnwood, but the making of (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Contract, notwithstanding Lynnwood’s knowledge of defective or non-complying performance, its substantiality or the ease of its discovery.

2. Term of Contract. The term of this contract shall commence on the date of execution by the parties to this Contract, and shall terminate no later than _______________________________. The Contractor shall deliver supplies, equipment or services, according to the attached “Scope of Work” and contract documents, upon receipt of a Purchase Order or other notice from Lynnwood to proceed. Such delivery or work shall proceed and be completed according to the time schedule contained in this Contract. Established completion times shall not be extended because of any unwarranted delays for which the Contractor is responsible, but may be extended by Lynnwood because of delays caused by governmental action or other conditions beyond the control of the Contractor. During the progress of the Contractor’s work, the Contractor may adjust the workforce to meet the schedule but time adjustments may be made only upon prior written approval by Lynnwood. Delays significantly affecting the completion of the work within the time specified for the completion, attributable to any cause by the parties hereto shall be considered as cause for the termination of this Contract by the other party. Supplies or equipment shall be delivered as provided for in the attached specifications.

Liquidated Damages: If delivery is not completed within the time specified, the Contractor agrees to pay Lynnwood the sum ______________________ for each day the contract remains uncompleted after the expiration of the specified time as liquidated damages. Said sum is fixed and agreed upon by the parties



SAMPLE CONTRACT because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages Lynnwood would sustain in the event of non-completion within the specified time.

3. Compensation.

Lynnwood promises and agrees to employ, and does employ, Contractor to provide the Supplies or Equipment provided for in this Contract according to the specifications contained herein. Lynnwood agrees to pay Contractor according to the payment schedule below (or as attached). Said payment schedule includes any applicable sales or use tax. Such payment shall be in full compensation for the service performed or the equipment/supplies provided, and for all supervision, labor, supplies, materials, equipment or use thereof, and for all other expenses and incidentals, necessary to provide the supplies and equipment specified.

Total compensation payable to Contractor for satisfactory delivery of specified supplies and/or equipment under this Contract is a maximum of $________ (yearly), or as specified in the Attachments, unless otherwise authorized by Lynnwood in writing.

Contractor shall submit invoices for the compensation payable under this Contract for the supplies or equipment provided Lynnwood. Each Contractor invoice shall set forth a detailed description of the supplies and equipment provided. Invoices shall be submitted to the following. Questions regarding invoices may be directed to Accounts Payable (425-670-6672):

City of Lynnwood Attention: PO Box 5008 Lynnwood, WA 98046-5008

Any additional supplies or equipment provided by the Contractor that exceeds that which is provided for within this contract instrument must have prior written approval of Lynnwood. Pricing adjustments shall be made only as specified in the incorporated Attachments, or if not otherwise stated, according to the Terms and Conditions contained within this Contract.

4. Section has been intentionally deleted

5. Insurance.

Contractor shall provide the following coverage as a requirement of the Contract:

Worker’s Compensation and Employer’s Liability Coverage: coverage or insurance in accordance with the applicable laws related to worker’s compensation, and employer’s liability insurance with limits no less than $1,000,000 including $1,000,000 for bodily injury by Accident, each accident; and $1,000,000 bodily injury by disease, each employee; and $1,000,000 bodily injury by disease, policy limit (including but not limited to, the Washington Industrial Insurance Act and the laws of the state in which any such person was hired), regardless of whether such coverage or insurance is mandatory or merely elective under the law. In case of subcontracted work, the Contractor shall require each subcontractor to provide Worker’s Compensation insurance for their employees unless such employees are covered by Contractor.

Suppliers Liability & Property Damage Insurance:

a. Supplier shall procure and maintain at Supplier sole expense during the life of this Contract, Commercial General Liability, Product Liability, and Automobile Liability Insurance, as detailed herein, to protect Lynnwood and Supplier from and against all claims, damages, losses and expenses arising out of or resulting from the performance of these services, with insurance companies or through sources approved by Lynnwood. Lynnwood reserves the right to require higher limits should it deem necessary in the best interest of the public, and if higher limits are requested by Lynnwood the additional expense shall become an additional cost to Lynnwood.

b. If required by Lynnwood Purchasing Manager, the insurance policies shall include Lynnwood

as Additional Named Insured on a Primary Basis without limitation, and shall include others if required by the Contract documents. All insurance policies shall be endorsed to provide that



SAMPLE CONTRACT no policy shall be cancelled, changed or reduced in coverage, until after thirty (30) days prior written notice has been delivered to Lynnwood using certified mail. c. If requested by Lynnwood, a Certificate of Insurance including the second page naming the

Additional Named Insured Endorsement, shall be filed with Lynnwood after award but prior to execution of the contract, for a primary policy of commercial general liability insurance including Product Liability, and for Automobile Liability Insurance, meeting the requirements set forth herein. This Certificate shall be subject to approval by Lynnwood as to company, terms and coverage. Failure of the contractor to fully comply with the requirements set forth herein regarding insurance shall be considered a material breach of contract and shall be cause of immediate termination of the Contract and of any and all obligations regarding the same.

d. Contractor shall not begin Work until all required insurance has been obtained or until such

insurance has been approved by Lynnwood. Said insurance shall provide coverage to the Supplier, any subcontractor performing work provided by this Contract, and Lynnwood. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of Contractor or subcontractor, or by anyone directly or indirectly involved or employed by either of them.

e. Approval of the insurance by Lynnwood shall not relieve or decrease the liability of the

Supplier for any damages arising from Contractor’s performance of the Work.

f. Automobile Bodily Injury and Property Damage Insurance shall be in no case be for limits less than $1,000,000 Combined Single Limit, for any and all vehicles that are used for the performance and/or delivery of specified equipment to Lynnwood.

General Liability (Commercial General Liability Insurance) including Product Liability, shall be written with limits of liability of no less than $1,000,000 combined single limits, per occurrence and $2,000,000 in aggregate;

g. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Supplier’s responsibility for payment of damages resulting from operations under this Contract.

h. Insurance shall provide, at a minimum, the types of insurance coverage, liability limits and

endorsements as set forth below and shall be included in all applicable policies and on the Certificate of Insurance. The insurance coverage’s listed below shall protect the Supplier and Lynnwood from claims for damages of bodily injury, including death resulting therefrom, as well as claims for property damage, which may arise from operations under this Contract, whether such operation be by itself or by any subcontractor or by anyone directly employed by either of them, it being understood that it is the Supplier’s obligation to enforce the requirements of this section in respect to any subcontractor employed for this project:

Commercial General Bodily injury and Property Damage Insurance, which shall include: Premises & Operations; Owners and Contractors Protective; Products Liability, including completed Operations Coverage; Contractual Liability; Broad Form Property Damage; Commercial Form (to include Extended Bodily Injury); Employees as Additional Insured; Independent Contractors; Personal Injury; Stop Gap; and

Cross Liability Clause.



SAMPLE CONTRACT i. The coverage provided by this policy is primary to any insurance maintained by

Lynnwood.

j. The inclusion of more than one (1) insured under this policy shall not affect the rights of any insured as respects to any claims, suit or judgment made or brought by or for any other Insured or by or for any employee of any other Insured. This policy shall protect each Insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company’s liability beyond the amount or amounts for which the company would have been liable had only one Insured been named. k. The Certificate of Insurance (ACCORD Form 25‐S) shall be amended as follows: The cancellation clause shall be revised to read: Should any of the above described policies be cancelled, changed or reduced in coverage before the expiration date, the issue company will mail 30 day written notice delivered through certified mail, to the certificate holder named at the left. l. There shall be included in the liability insurance contractual coverage sufficiently broad to insure the provisions of that Section herein entitled “Hold Harmless Clause”. m. Failure to comply with provisions contained herein shall not waive the responsibility of the Supplier to provide the required protection.

6. Release, Indemnities, and Hold Harmless.

Contractor releases and shall defend, indemnify, and hold harmless Lynnwood from and against all claims, cost liabilities, damages and expenses, (including but not limited to, reasonable attorney fees) arising directly out of or in connection with any fault, negligence, strict liability or product liability of Contractor in connection with this Contract; any lien asserted upon any property of Lynnwood in connection with the Contract; any failure of Contractor, or the Contract to comply with any applicable law, ordinance, rule, regulation, order, license, permit or other requirement, now or hereafter in effect; any breach or default under this Contract by the Contractor.

As permitted by applicable law, this section shall apply. However, this section shall not require Contractor to indemnify Lynnwood against any liability for damages arising out of bodily injury or property damages caused by or resulting from negligence of Lynnwood. Further, in the case of concurrent negligence of Contractor on the one hand and Lynnwood on the other hand, Contractor shall be required to indemnify Lynnwood only to the extent of the negligence of the Contractor.

Contractor releases and shall defend, indemnify, and hold harmless Lynnwood from and against all claims, cost, liabilities, damages, expenses (including but not limited to reasonable attorney fees) and royalties based upon any actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or other intellectual property right, Contractor shall either (a) procure for Lynnwood the right to such, or (b) modify the Contract so that they no longer infringe or misappropriate any such right.

7. Attorney Fees.

The prevailing party in any action shall be entitled to reasonable attorney's fees and court costs.

8. Record Keeping. Contractor shall promptly furnish such information related to the Contract as requested by Lynnwood. Until the expiration of twelve months after final payment of the compensation payable under this Contract, Contractor shall provide Lynnwood prompt access to (and Lynnwood shall have the right to examine, audit and copy) all of Contractor’s books, documents, papers and records which are related to the Services of this Contract.

9. Property and Confidential Information. Contractor shall not, without the prior written consent of Lynnwood, disclose to third parties any information received in connection with the Contract unless the information is:



SAMPLE CONTRACT

a. Known to Contractor prior to receiving the same directly or indirectly in connection with the Services;

b. In the public domain at the time of disclosure by Contractor; or c. Received by Contractor from a third party who has no obligation to keep the same confidential.

10. Communications.

Offices and titles are provided below for Contractor to comply with contractual notification requirements stated herein. Individual names are provided for the convenience of Contractor only. Lynnwood may change individual names without notice to Contractor, and such changes do not in any way waiver Contractor from properly fulfilling all notice requirements stated herein. Communications regarding this Contract shall be to: City of Lynnwood Attention: Purchasing and Contracts Manager PO Box 5008 Lynnwood, WA 98046-5008 Fax: 425-778-5632 Phone: 425-670-6602 Communications, coordination, delivery, implementation and instructions regarding the work practices will be supervised by the following serving as Project Manager for Lynnwood: City Project Manager: Title: Address: Phone: E-Mail: FAX:

11. Miscellaneous. The obligation of Contractor under all provisions of this Contract that may be reasonably interpreted or construed as surviving in the completion, termination, or cancellation of this Contract, shall survive the completion, termination or cancellation of this Contract. The rights and remedies of Lynnwood or the Contractor set forth in any provision of this Contract are in addition to, and do not in any way limit, any other rights or remedies afforded to Lynnwood or the Contractor by any other provision of this Contract or by law. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day stated. Executed in duplicate.

CITY OF LYNNWOOD: Mayor ___________________________________ Date ATTEST BY: Finance Director ___________________________________ Date

CONTRACTOR: Signature Printed Name ______________________________________ Title ____________________________________ Date



SAMPLE CONTRACT

REVIEW

This sample Agreement has been reviewed and ( ) is acceptable ( ) is acceptable as noted ________________________________________ Signed ________________________________________ Printed Name ________________________________________ Vendor ________________________________________ Date



8. RFP RESPONSE SUBMITTAL CHECKLIST Vendor shall submit a response in the following format: 1. Vendor shall create one original response (labeled “original”) with original

signature (See Tab 1) and seven (7) identical copies (for a total of eight (8)) responses).

2. The original and each of the seven (7) identical copies shall be submitted in

its own three-ring binder of sufficient size to contain the response. 3. The original and each of the seven (7) three-ring binders shall be sent to the

procurement contact at the address shown in Section 2C, on or before the due date shown in Section 2A and in a box of sufficient size to hold all the responses.

4. In addition to the copies specified above the Vendor MUST include a CD of the

entire response which shall be placed inside the front cover of the original response AND a zip file of the entire response attached to an email sent to the RFP contact.

5. The RFP name must be shown on the lower left-hand corner of the box. 6. The original and each of the seven (7) copies shall be indexed with tabs as follows:

Tab 1 Copy of the signed Non-Disclosure Agreement previously submitted at the Vendor’s Conference. Tab 2 RFP Cover Sheet Tab 3 Non-Collusion Certification Tab 3 Scope of Services – Section 3; acknowledgement of

understanding of requirements. Tab 4 Answers to all Questions – Section 4

Tab 5 Section 4(I) -- Summary Letter (one page only) Tab 6 Pricing Schedule Tab 7 Materials requested within Section 4 Tab 8 Review box from last page of Sample contract

This checklist is intended merely as an aid to the Vendor in providing a response to this RFP. The Vendor retains the sole responsibility for accuracy and completeness of the response.


request for proposal

Technology

proprietary information

confidential nature

confidential informationto

deemedconfidential information

oral confidential statements

telephone system rfp

rfp timelines10

written agreement