review... · web viewthe talladega county emergency management communications district intends to...

of 27

TALLADEGA COUNTYEMERGENCY MANAGEMENT COMMUNICATIONS DISTRICT

Invitation to BidSecurity Review, Enhancement, and

Implementation Project # 2018-1201

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for the Security Review, Enhancement, and Implementation Project in Talladega County, Alabama.

The Talladega County Emergency Management Communications District intends to use the results of this process to award a contract for the Security Review, Enhancement, and Implementation Project specified within this ITB.

Invitation to Bid #2018-1201

of 27

1.0 Project Description Choose an item.

1.1 The Talladega County Emergency Management Communications District, hereafter referred to as the (“District”), is seeking information from qualified and experienced vendors to perform the Security Review, Enhancement, and Implementation Project in Talladega County. Choose an item.

1.2 This project will be used in part to meet the requirements set forth in Section 3 of the Alabama Data Breach Notification Act of 2018 shown below. Choose an item.

Adoption of appropriate information safeguards to address identified risks of a breach of security and assess the effectiveness of such safeguards.


of 27

2.0 Procurement and Contracting Office Choose an item.

PROCUREMENT INFORMATIONITB Number:

2018-1201

ITB Title:

Security Review, Enhancement, and Implementation Project

Proposal Due Date and Time:

Friday, January 11, 20192:00 p.m., Central Time

Number of Pages:

27

Procurement Officer:

Victor Kennedy, DirectorPhone: (256) 761-9119

Email: [email protected]

Issue Date:

Monday, December 17, 2018

INSTRUCTIONS TO VENDORSSubmit Proposal to:

Victor Kennedy, DirectorTalladega County 9-1-1

26715 AL Hwy 21Talladega, AL 35160

Label Envelope/Package:

ITB Title/Number: Security Review, Enhancement, and Implementation Project / 2018-1201Proposal Due Date: January 11, 2019

Special Instructions:

VENDOR INFORMATION(Fill in the information fields below and return this form with ITB response)

Vendor Name/Address:

DUNS NUMBER:

Authorized Vendor Signatory:

(Please print name and sign in ink)

Vendor Phone Number: Vendor Fax Number:

Vendor Federal I.D. Number: Vendor Email Address:

Total number of proposal pages:

Trade Secret Declaration(s): (reference section/page(s) of trade secret declaration)


of 27

3.0 Definitions Choose an item.

The following definitions are used throughout the ITB:

3.1 Backup PSAP/Host site Choose an item.Talladega County 9-1-1 Training Facility 98 Division St. Lincoln, AL 35096

3.2 Primary PSAP/Host site Choose an item.Talladega County 9-1-1 Center26715 AL Hwy 21 Talladega, AL 35160

3.3 District Choose an item.The Talladega County Emergency Management Communications District

3.4 User Choose an item.PSAP coordinator, PSAP call taker and/or Talladega County 9-1-1 staff

3.5 Vendor Choose an item.A firm submitting a response to this ITB


of 27

4.0 Calendar of Events Choose an item.

DATE EVENT

4.1 12/17/18……… Date of issue of the ITB Choose an item.

4.2 12/28/18......…. Last day for submitting written inquiries Choose an item.

4.3 01/04/19…………Email notifications to vendors of supplements or revisions (If any) Choose an item.

4.4 01/11/19…………Bids due from vendors and opened at 2pm CST Choose an item.

4.5 01/25/19…………Notification of intent to award vendor (Estimate) Choose an item.


of 27

5.0 Bid Instructions Choose an item.

5.1 General Instructions Choose an item.

5.1.1 Vendors must submit one signed, printed original and one electronic (CD) copy of all materials required for acceptance of their bid on or before the date and time listed on the Calendar of Events for “Bids due from vendors” to the ITB point of contact at the listed mailing address. Choose an item.

5.1.2 Vendors must submit one signed, printed original of any Addenda issued with this ITB on or before the date and time listed on the Calendar of Events for “Bids due from vendors” to the ITB point of contact. Choose an item.

5.1.3 The original copy of the Bid shall be typed and submitted on 8.5 by 11 inch paper. The electronic copy shall be sent on compact disc (CD) and shall include one copy in Microsoft Word format and one copy in Adobe Acrobat PFD format. Choose an item.

5.1.4 All bid packages shall be clearly marked on the outside of the package with the information specified in the INSTRUCTIONS TO VENDORS section located in Section 2.0 of this document. Choose an item.

5.1.5 Bids may be withdrawn, modified and resubmitted by the vendor prior to the bid due date. Choose an item.

5.1.6 If any vendor considers any part of this ITB to be unclear, that vendor should submit a written request for clarification. A written response will be sent to all such requests. If the clarification results in a change in the ITB, it will be done in the form of an Addendum. Any questions concerning this ITB must be submitted in writing by mail, fax or e-mail on or before 4:30pm Central Time on the date listed on the Calendar of Events for “Last day for submitting written inquiries” to the procurement point of contact. Choose an item.

5.1.7 Any Addenda issued to the ITB will be sent electronically to each vendor who requested a copy of the ITB. It is the vendor’s responsibility to verify with the ITB point of contact if any Addenda have been issued. Choose an item.

5.1.8 All sealed bids will be opened on the date and time specified in the Calendar of Events at the District’s office. Vendors and the general public are invited to attend the opening. No decision will be made as to the award of the ITB at that time. Choose an item.

5.1.9 Bids not received by the stated date and time will not be considered and will be returned to the vendor. Choose an item.

5.1.10 Unsealed bids will not be considered and will be returned to the vendor. Choose an item.

5.1.11 Faxed bids will not be considered and will be returned to the vendor. Choose an item.

5.1.12 Unsigned bids will be considered non-responsive. Choose an item.

5.1.13 Unsigned Addenda, if any, will be considered non-responsive. Choose an item.


of 27

5.2 Formatting Instructions Choose an item.

5.2.1 Vendors are urged to use this document as the basis for all responses. An Adobe Acrobat PDF version and Microsoft Word version of this document is available upon request. Choose an item.

5.2.2 Bids must be organized with the following headings. Each heading should be separated by tabs or otherwise clearly marked. Bids shall be organized and presented in the order as specified below. Choose an item.

5.2.2.1 Introduction Choose an item.

5.2.2.2 Company history Choose an item.

5.2.2.3 ITB Response (include this entire document as a template) Choose an item.

5.3 Response Instructions Choose an item.

5.3.1 Each numbered requirement in the ITB must be answered by the vendor with by clicking on the red “Choose an item” drop down box and choosing the appropriate response. Items not answered may cause the bid will be considered non-responsive: Choose an item.

5.3.1.1 Understood – Response to a specific statement made in the ITB that does not require an answer to a requirement. Choose an item.

5.3.1.2 Comply – The proposed solution will fully meet this requirement. Choose an item.

5.3.1.3 Complies with Alternative – The proposed solution will meet this requirement through an alternative solution. The alternative solution must be fully explained. Choose an item.

5.3.1.4 Complies with Exception – The proposed solution will comply with only part of this requirement. The exception must be fully explained. Choose an item.

5.3.1.5 Does not Comply – The proposed solution does not fully comply with this requirement. Choose an item.

5.4 Reasonable Accommodation

The District will provide reasonable accommodations, including the provision of informational material in limited alternative formats, for qualified individuals with disabilities upon request. If you need accommodations at a bid opening/vendor conference, contact the procurement point of contact. Choose an item.

5.5 Proprietary Information

The Talladega County Emergency Management Communications District is subject to the statutes relating to public records. Materials shall be submitted in confidence and shall remain confidential and are exempt from


of 27

disclosure to the extent allowed by law and in accordance with the Trade Secret Affidavit required to be submitted by the Vendor attached hereto as Exhibit D. Choose an item.

All such requests will be evaluated by the District. Should a legal challenge arise regarding a specific vendor’s request for confidentiality, it shall be the vendor’s responsibility to defend such challenges. The District reserves the right to disclose part of or all of the information determined not to meet the exemptions of the appropriate statutes. Choose an item.

5.6 Obligation to Purchase

The District incurs no obligation to award this contract by extending this ITB. The District is also not liable for any cost incurred by vendors in replying to this ITB. Any vendor choosing to keep information confidential or requesting such shall be solely liable for any responsibility to defend such confidentiality should a legal question arise and shall indemnify and hold the District harmless from such responsibility or liability arising regarding any specific vendor’s request for confidentiality. Choose an item.

5.7 Patents, Trademarks, Copyrights

If a vendor’s solution violates or could violate any United States patents you must outline these in your response. The District shall not be held responsible should the successful vendor’s solution infringe on any existing and awarded patents from other companies and/or entities. Legal costs and liability are transferred to the selected vendor for the diligence of such actions. Vendor hereby agrees to indemnify and hold the District harmless as to any liability, obligation, fines, penalties or the like due, including, but not limited to, costs and attorneys fees incurred by the District due to any alleged breach/infringement of any patents, trademarks and/or copyrights to any patent, trademark or copyright infringement of the Vendor or one or more of its affiliates. Choose an item.


of 27

6.0 Bid Evaluation Process Choose an item.

The evaluation and selection of a vendor will be based on the information submitted in the vendor’s bid plus recommendations by references and any requested on-site visits or oral presentations.

6.1 General Requirements Evaluation

The bids will be reviewed by the General Requirements Evaluation Committee to determine how well each vendor’s bid compares to the stated General Requirements. This committee may include administrative, legal and financial representatives as selected by the District. The District may request further clarification from individual vendors in the event of incomplete or missing information. Vendors shall respond in writing to any requests for clarification. In the event that all vendors do not meet one or more of the General Requirements, the District reserves the right to continue the evaluation of the bids and may select the bid which most closely meets the requirements specified in this ITB. Failure to meet any of the General Requirements may result in the bid being considered non-responsive. Choose an item.

6.2 Technical Requirements Evaluation

Bids will be reviewed by the Technical Review Committee to determine how well each vendor’s bid compares to the stated Technical Requirements. The committee may include administrative, dispatch and technical representatives as selected by the District. The District may request further clarification from individual vendors in the event of incomplete or missing information. Vendors shall respond in writing to any requests for clarification. The committee may verify references, request oral presentations, conduct on-site visits and use the results of these actions in preparing a recommendation. In the event that all vendors do not meet one or more of the Technical Requirements, the District reserves the right to continue the evaluation of the bids and may select the bid which most closely meets the requirements specified in this ITB. Choose an item.

6.3 Pricing Evaluation

Bids will have the Attachment A Pricing Document reviewed by the Pricing Evaluation Committee for completeness and accuracy. This committee may include administrative and financial representatives as selected by the District. Failure to use the Attachment A Pricing Document may result in the bid being considered non-responsive. Choose an item.


of 27

7.0 Award Process and Contract Negotiation Choose an item.

7.1 Code of Alabama 1975 - Article 2 – Competitive Bid Law – Title 41 Chapter 16 - as amended shall be the ruling source document for award rules and guidelines. Choose an item.

7.2 The award is expected to be granted to the lowest responsible vendor taking into considering the qualities of the solution proposed to be supplied, the solution’s conformity with specifications, the purposes for which required, the terms of delivery, transportation charges and the dates of delivery. Choose an item.

7.3 The District may accept the bid that is, in the sole judgment of the District, most advantageous, even though it may not be the lowest priced bid. Choose an item.

7.4 The District reserves the right to reject any/or all bids if the price is deemed excessive or the quality of the product inferior. Choose an item.

7.5 The District may deem a bid non-responsive that is incomplete. Choose an item.

7.6 The District may deem a bid non-responsive that does not demonstrate the vendor's ability to provide the required services. Choose an item.

7.7 The District reserves the right to waive minor irregularities in bids received. Choose an item.

7.8 The District reserves the right to purchase more or less of each item or service at the unit price offered in the vendor’s bid unless the vendor specifically and explicitly limits the response in this regard. Choose an item.

7.9 If at any time after the award has been made the lowest responsible bidder notifies the District in writing that the bidder will no longer comply with the terms of the award to provide the goods or services to the District under the terms and conditions of the original award, or the District documents that the lowest responsible bidder has defaulted under the terms of the original award, the District may terminate the award to the defaulting bidder and make an award to the second lowest responsible bidder for the remainder of the award period without rebidding, provided the award to the second lowest responsible bidder is in all respects made under the same terms and conditions contained in the original bid specifications and is for the same or a lower price than the bid originally submitted to the District by the second lowest responsible bidder. Choose an item.


of 27

8.0 General Requirements Choose an item.

8.1 Qualifications and Experience Choose an item.

8.1.1 Must be a licensed reseller of Sophos Anti-Virus software and hardware based in the State of Alabama. Choose an item.

8.1.2 Must have the overall capability to provide the services described within this ITB proven through manufacturer agreements, technical certifications, qualified engineering, installation and maintenance resource capacity and capability, past similar installations, and current customer references. Choose an item.

8.1.3 Must have a successful history in providing the equipment, services and support to similar governmental entities. Choose an item.

8.1.4 Must be licensed to do business in the State of Alabama. Choose an item.

8.2 Business History and Financial Data Choose an item.

8.2.1 Business history that demonstrates the ability to provide engineering, installation and maintenance services through the life of the contract. Choose an item.

8.3 ITB Response Choose an item.

8.3.1 Must show clear documentation of equipment, services and prices offered. Choose an item.


of 27

9.0 Existing System Information Choose an item.

9.1 The District currently uses a variety of anti-virus software and hardware products to provide security for multiple networks at the Primary PSAP/Host site and the Backup PSAP/Host site. Choose an item.


of 27

10.0 New System Information Choose an item.

10.1 The District desires for the vendor to install and maintain for a period of three (3) years the software and hardware listed in the sections below. Choose an item.

10.2 Sophos Central Intercept X with Endpoint Advanced – 25-49 Users – 36 Month term – Government – Part number CIAF3GSAA - Qty 46 Choose an item.

10.3 Sophos Central Intercept X Advanced for Server - 10-24 Servers - 36 Months – Government - CSAE3GSAA - Qty 14 Choose an item.

10.4 Sophos AP 55C (FCC) Ceiling Mount Access Point Plain, No Power Adapter/Poe Injector - A5EZTCHNF - Qty 5 Choose an item.


of 27

11.0 Installation Choose an item.

11.1 The vendor and District shall agree upon a proposed delivery timeline prior to the start of system installation. Choose an item.

11.2 The vendor shall be responsible for all aspects of the installation of the system. Choose an item.

11.3 The vendor is responsible for installing all mounting equipment and new cabling required for the proposed system. Choose an item.

11.4 All patch cords needed to complete connections from the District supplied patch panels shall be provided by the vendor. Choose an item.

11.5 The District will be responsible for the disposal of all abandoned equipment and cabling. Choose an item.

11.6 The equipment purchased in this ITB shall be delivered to its proper location and installed by the vendor without additional cost or expense and at the convenience and direction of the District. Choose an item.

11.7 All work shall comply with the applicable national, state and local codes and regulations. Choose an item.

11.8 The vendor is responsible for securing all required licenses and permits for any work performed in connection with this ITB. Choose an item.

11.9 The District reserves the right to reject any subcontractors. If this should occur, the vendor may submit an alternative that is acceptable to the District. Should a subcontractor fail to provide a reasonable level of service, the vendor must resolve this failure at its expense. Choose an item.

11.10 The vendor shall be responsible for any damage to existing systems or structures during the installation of the system. Choose an item.


of 27

12.0 Documentation Choose an item.

12.1 The vendor shall deliver manufacturer provided documentation for installation, operating and maintenance for each component of the system. This documentation will include user manuals, maintenance manuals, and parts list of the equipment necessary for the continued and proper preventative maintenance and repair. Choose an item.


of 27

13.0 System Acceptance Choose an item.

13.1 The District shall not be deemed to have accepted any component or piece of equipment until such time, as said equipment has been delivered, inspected, installed and tested. Choose an item.


of 27

14.0 Warranty and Support Choose an item.

14.1 System Warranty and System Support periods for all hardware shall begin upon final acceptance of the system and shall run concurrently for a period of 36 months. Choose an item.

14.2 A complete listing of all warranties including systems and equipment, detailing what is included and what is not included shall be included. Choose an item.

14.3 Technical and maintenance support shall be available by phone during the vendor’s normal business hours. An after-hours emergency phone number is required. Choose an item.

14.4 On-site support shall be available within four (4) hours of vendor notification for system outage events that occur Monday through Friday during the vendor’s normal business hours. Choose an item.


of 27

15.0 This section blank Choose an item.


of 27

16.0 Pricing Choose an item.

16.1 Please fill out the pricing table (Attachment A) as your official price. Choose an item.

16.2 DO NOT ADD ANY ITEMS TO THE TOTAL BASE PRICE THAT ARE NOT EXPLICITLY CALLED FOR IN THIS ITB. Choose an item.

16.3 If the addition of extra hardware in the vendor’s opinion would significantly add to the reliability or robustness of the proposed system the vendor is required to add the cost of that as a new numbered line item in the options pricing section of Attachment A. Choose an item.

16.4 Prices shall remain valid for at least 120 days after the ITB due date. Choose an item.


of 27

Attachment A

17.0 Pricing Document Choose an item.

17.1 Pricing

17.1.1 Sophos Central Intercept X with Endpoint Advanced ______________

17.1.2 Sophos Central Intercept X Advanced for Server ______________

17.1.3 Sophos AP 55C Ceiling mount Access Point ______________

17.1.4 Installation ______________

17.2 Total base price ______________


of 27

APPENDIX A: NON-COLLUSIVE AFFIDAVIT

State of ALABAMA )

County of TALLADEGA )

FORM OF NON-COLLUSIVE AFFIDAVIT

_____________________________________________, being first duly sworn, deposes and says: That he is

_______________________________________________________________________________(an owner, partner or officer of the firm, etc.)

the party making the forgoing Bid; that such Bid is genuine and not collusive or a sham; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person to fix the bid price of affiant or of any other bidder, or to fix an overhead profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against Talladega County Emergency Management Communications District or any person interested in the bid Contract, and that all statements in said Bid are true.

_________________________________________Signature of Affiant

_________________________________________Printed Name of Signer

I, the undersigned Notary Public, in and for said County and State, hereby certify that ______________ whose name is signed to the foregoing Affidavit, and who is known to me, acknowledged before me on this date that, being informed of the contents of the above and foregoing affidavit, he/she as an officer of __________ (business entity) and with full authority, executed the same voluntarily for and as the act of said company on the day the same bears date.

Given under my hand and official seal of office this ____ day of ____________ , 2018.

Notary Public

APPENDIX B: ALABAMA IMMIGRATION COMPLIANCE CERTIFICATE


of 27

State of ALABAMA )


CERTIFICATE OF COMPLIANCE WITH THE BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT (ACT 2011-535, as amended by ACT 2012-491)

DATE:

RE: Security Review, Enhancement, and Implementation Project ITB by and between

(Contractor/Grantee) and

Talladega County Emergency Management Communications District (Public Entity)

The undersigned hereby certifies to the Talladega County Emergency Management Communications District as follows:

1. The undersigned holds the position of with the Contractor/Grantee named above, and is authorized to provide representations set out in this Certificate as the official and binding act of that entity, and has knowledge of the provisions of THE BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT (ACT 2011-535 of the Alabama Legislature, as amended by ACT 2012-491) which is described herein as “the Act.”

2. Using the following definitions from Section 3 of the Act, select and initial either (a) or (b), below, to describe the Contractor/Grantee’s business structure.

BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit.

a. Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, and foreign limited liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State.

b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state, any business entity that is exempt by law from obtaining such a business license, and any business entity that is operating unlawfully without a business license.

EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. This term shall not include the occupant of a household contracting with another person to perform casual domestic labor within the household.

(a) The Contractor/Grantee is a business entity or employer as those terms are defined in Section 3 of the Act.

(b) The Contractor/Grantee is not a business entity or employer as those terms are defined in Section 3 of the Act.

3. As of the date of this Certificate, the Contractor/Grantee does not knowingly employ an unauthorized alien within the State of Alabama and hereafter it will not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama;

4. The Contractor/Grantee is enrolled in E-Verify unless it is not eligible to enroll because of the rules of that program or other factors beyond its control.

Certified this day of 2018.


of 27

Name of Contractor/Grantee/Recipient

By:

Its

The above Certification was signed in my presence by the person whose name appears above, on

this day of 2018.

WITNESS:

Printed Name of Witness

APPENDIX C: TAXPAYER IDENTIFICATION NUMBER FORM


of 27

TALLADEGA COUNTY EMERGENCY MANAGEMENT COMMUNICATIONS DISTRICTREQUEST FOR TAXPAYER IDENTIFICATION NUMBER

INSTRUCTIONS: In order to receive payment from the District, a correct tax identification number, name and address must be on our files. To insure that accurate tax information is reported on Form 1099 for federal income tax purposes, please:

1. In PART 1 below provide your Tax Identification Number and check FEIN or SSN. Also, provide the name and address to which payments should be sent. In addition, provide the name of the legal signatory authority for your organization (the individual authorized in your Constitution and/or By-laws to legally obligate the organization, for example, sign a contract on behalf of the organization).

2. Circle the business designation that identifies your type of trade or business in PART 2. 3. Sign and return this form as part of the response to ITB.

PART 1 - TAXPAYER IDENTIFICATION NUMBER, NAME AND ADDRESS.

IDENTIFICATION NUMBER: ___________________________________________

Check One _______ Federal Employer Identification Number (FEIN)_______ Social Security Number (SSN)

NAME OF ORGANIZATION: ______________________________ PHONE:____________________

LEGAL BUSINESS ADDRESS: ___________________________________________

FAX: ___________________________ EMAIL: ________________________

NAME & TITLE OF LEGAL SIGNATORY AUTHORITY:_____________________________

PART 2 - BUSINESS DESIGNATION, Circle the designation that identifies your type of trade or business.

1 - CORPORATION, PROFESSIONAL ASSOCIATION OR PROFESSIONAL CORPORATION (A Corporation formed under the laws of any state within the United States)

2 - NOT FOR PROFIT CORPORATION (Section 501 (c)(3))3 - PARTNERSHIP, JOINT VENTURE, ESTATE OR TRUST 4 - SOLE PROPRIETORSHIP OR SELF-EMPLOYED (Identification number be Social Security Number) 5 - NONCORPORATE RENTAL AGENT 6 - GOVERNMENTAL ENTITY (City, County, State or U.S. Government) 7 - FOREIGN CORPORATION OR FOREIGN NATIONAL OR OTHER FOREIGN ENTITY

(A Corporation or other foreign entity formed under the laws of a country other than the United States or anindividual temporarily in the United States who pays taxes as a citizen of a country other than the United States)

NOTE: Failure to complete and return this form may subject you to back withholding in the amount of 20% of future payments pursuant to Section 3406, Internal Revenue Code.

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE EXAMINED THIS REQUEST AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS TRUE, CORRECT AND COMPLETE.

____________________________________ _______________ ( )____________________ SIGNATURE DATE TELEPHONE

(If different from above)____________________________________

TITLE PLEASE INCLUDE FEDERAL IDENTIFICATION NUMBER ON ALL INVOICES

APPENDIX D: TRADE SECRET AFFIDAVIT


of 27

TALLADEGA COUNTY EMERGENCY MANAGEMENT COMMUNICATIONS DISTRICTAFFIDAVIT FOR TRADE SECRET CONFIDENTIALITY

State of ALABAMA )


_________________________________ (Affiant), being first duly sworn under oath, and representing the Vendor referenced in this matter, and have full authority from the Vendor to submit this Affidavit and accept the responsibilities stated herein.

1. I am an attorney licensed to practice in the State of Alabama, representing the Vendor referenced in this matter, and have full authority from the Vendor to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Vendor is submitting a proposal to the Talladega County Emergency Management Communications District (the “District”) for Invitation to Bid for the Security Review, Enhancement, and Implementation Project. Public Agencies in Alabama are required by Alabama law to permit the public to examine documents that are kept or maintained by the public agencies, other than those legitimately meeting the provisions of the Alabama Trade Secrets Act, Alabama Code Section 8-27-1, and that the District is required to review claims of trade secret confidentiality.

3. I have read and am familiar with the provisions of the Alabama Trade Secrets Act, am familiar with the case law interpreting it, and understand that all information received in response to this ITB will be available for public examination except for:

(a) trade secrets meeting the requirements of the Act; and (b) information requested by the District to establish vendor responsibility unless prior written

consent has been given by the Vendor.

4. I am aware that in order for the Vendor to claim confidential material, this affidavit must be fully completed and submitted to the District, and the following conditions must be met by the Vendor:

(a) information to be withheld under a claim of confidentiality must be clearly marked and separated from the rest of the proposal;

(b) the proposal may not contain trade secret matter in the cost of price; and

(c) the Vendor’s explanation of the validity of this trade secret claim is attached to this affidavit.

5. I am the Vendor accept that, should the District determine that the explanation is incomplete, inadequate or invalid, the submitted materials will be treated as any other document in the department’s possession, insofar as its examination as a public record is concerned. I and the Vendor are solely responsible for the adequacy and sufficiency of the explanation. Once a proposal is opened, its contents cannot be returned to Vendor if the Vendor disagrees with the District’s determination of the issue of trade secret confidentiality.

6. I, on behalf of the Vendor, warrant that the Vendor will be solely responsible for all legal costs and fees associated with any defense by the District of the Vendor’s claim for trade secret protection in the event of an open records request from another party which the Vendor chooses to oppose. The Vendor will either totally assume all responsibility for the opposition of the request, and all liability and costs of any such defense, thereby defending, protecting, indemnifying and saving harmless the District or the Vendor will immediately withdraw its opposition to the open records request and permit the District to release the documents for examination. The District will inform the Vendor in writing of any open records request that is made, and the Vendor will have five working days from receipt of the notice to notify the District in writing whether the Vendor opposes the request or not. Failure to provide


of 27

that notice in writing will waive the claim of trade secret confidentiality, and all the District to treat the documents as a public record.

Documents that, in the opinion of the District, do not meet all the requirements of the above will be available for public inspection, including any copyrighted materials.

__________________________________________Affiant’s Signature

Signed and sworn to before me on ___________________ by __________________________________(date) (Affiant’s Name)

Name of Notary Pubic:____________________________________________________________ for the

District:_____________________________________________________________________________

My Commission Expires: _______________________________________________________________

Place Seal Here


END OF ITB

Invitation to Bid #2018-1201 of 27