115097 rfp public safety voice radio communications system

City of Portland of 154 RFP #115097

SM

City of Portland, Oregon Request for Proposals # 115097

For Public Safety Voice Radio Communications

System

November 19, 2012

PROPOSALS DUE: March 1st, 2013 by 2:00 p.m. PST Refer questions to: Scott Schneider Procurement Services 1120 SW Fifth Avenue, Room 750 Portland, Oregon 97204 Email: [email protected] Phone: (503) 823-6880


Table of Contents

1. GENERAL INFORMATION .................................................................................. 6

2. PROJECT OVERVIEW ......................................................................................... 6

2.1 Introduction ......................................................................................................... 6

2.2 Background ......................................................................................................... 6

2.3 Overview of this Document ................................................................................. 7

2.4 Project Summary ................................................................................................ 8

2.4.1 Authorization and Funding ............................................................................... 10

2.4.2 Proposals Desired ............................................................................................ 10

2.4.3 Standards and Guidelines ................................................................................ 11

2.4.4 Frequency Coordination and Licensing ............................................................ 12

2.4.5 Insurance – Proof of Coverage ......................................................................... 13

2.4.6 Public Safety .................................................................................................... 13

3. INSTRUCTIONS TO RESPONDENTS ............................................................... 14

3.1 Overview ........................................................................................................... 14

3.2 Mandatory Pre-Proposal Conference ................................................................ 15

3.3 Questions or Clarifications ................................................................................ 16

3.4 Proposal Submission ........................................................................................ 17

3.5 Proposal Review and Evaluation Criteria .......................................................... 30

3.6 Clarifying Proposal During Evaluation Process ................................................. 33

3.7 Proposals are Public Records ........................................................................... 34

3.8 Local Contracting .............................................................................................. 34


3.9 Award Review and Protest Procedure .............................................................. 34

3.10 Addenda to the RFP ......................................................................................... 35

3.11 Award of Contract ............................................................................................. 35

4. PROJECT MANAGEMENT ................................................................................ 37

4.1 Project Staffing.................................................................................................. 37

4.2 Scheduling ........................................................................................................ 38

4.3 Project Meetings ............................................................................................... 39

4.4 QA/QC Program ................................................................................................ 40

4.5 Project Punch List ............................................................................................. 41

4.6 Project Submittals ............................................................................................. 41

4.6.1 Preliminary Design. .......................................................................................... 42

4.6.2 QA/QC plan Final Design ................................................................................. 42

4.6.3 System Staging, Delivery, and Installation ....................................................... 43

4.6.4 Final Acceptance Testing ................................................................................. 44

5. FUNCTIONAL REQUIREMENTS ....................................................................... 45

5.1 Overview ........................................................................................................... 45

5.2 Integrated Voice and Data Trunked Radio System ........................................... 46

5.2.1 Interoperability / Project 25 Statement of Requirements (SoR) ........................ 46

5.2.2 Core System Features and Capabilities ........................................................... 46

5.2.3 Site Selection ................................................................................................... 48

5.2.4 Coverage .......................................................................................................... 48

5.2.5 Site Equipment ................................................................................................. 53

5.3 Microwave Backhaul Network ........................................................................... 54


5.3.1 Microwave Network Mixed Mode TDM and Packet Transport Network ............ 55

5.3.2 Microwave Network Routing ............................................................................. 56

5.3.3 Microwave Network Quality of Service / Class of Service (QoS/CoS) .............. 57

5.3.4 Microwave Network Reliability .......................................................................... 58

5.3.5 Microwave Network Management .................................................................... 58

5.3.6 Microwave Network Terminal Equipment ......................................................... 60

5.3.7 Microwave Network Engineering ...................................................................... 62

5.3.8 Microwave Network Transition Requirements .................................................. 63

5.4 Optical Fiber Network ....................................................................................... 63

5.5 Dispatch Console System ................................................................................. 63

5.5.1 Dispatch Console System General Requirements ........................................... 63

5.5.2 Dispatch Console System Operator Equipment Requirements ........................ 65

5.5.3 Dispatch Console System Operability Requirements ....................................... 67

5.5.4 Dispatch Console System Voice Logger Output ............................................... 67

5.6 Network Management System (NMS) Integration ............................................. 68

5.7 Inventory Management System ........................................................................ 69

6. TRAINING ........................................................................................................... 71

7. WARRANTY, MAINTENANCE, AND SUPPORT ............................................... 73

7.1 Warranty ........................................................................................................... 73

7.2 Extended Warranty ........................................................................................... 75

7.3 Maintenance ..................................................................................................... 75

7.3.1 General Requirements: .................................................................................... 76

7.3.2 Maintenance Standards ................................................................................... 76


7.4 Parts Availability ................................................................................................ 77

7.5 Spare Equipment .............................................................................................. 77

8. SYSTEM IMPLEMENTATION, TEST, AND ACCEPTANCE ............................. 79

8.1 Staging .............................................................................................................. 79

8.2 Migration/transition Plan ................................................................................... 80

8.3 System Installation ............................................................................................ 81

8.4 Coverage Testing .............................................................................................. 82

8.5 30-Day Operational Test ................................................................................... 83

8.6 Final Acceptance Testing .................................................................................. 83

8.7 Decommissioning, Removal and Disposal of Legacy Equipment ..................... 84

8.8 As-Built Documentation .................................................................................... 85

8.9 System Acceptance .......................................................................................... 85

9. RFP TERMS AND CONDITIONS ....................................................................... 86

GLOSSARY OF ACRONYMS ....................................................................................... 88

APPENDIX A – PROPOSAL PRICING FORMS ........................................................... 94

APPENDIX B – COMPLIANCE MATRIX ...................................................................... 95

APPENDIX C – SYSTEM SITE LIST ............................................................................ 96

APPENDIX D – EXISTING MICROWAVE BACKHAUL INFORMATION ..................... 98

APPENDIX E – SITE SURVEYS ................................................................................. 101

APPENDIX F – EXISTING AND PLANNED DISPATCH CENTERS .......................... 102

APPENDIX G – EXISTING RADIO SYSTEM INTERFACES ...................................... 103

APPENDIX H – STAFF TRAINING REQUIREMENTS ............................................... 105

APPENDIX I – SAMPLE TECHNOLOGY SYSTEM MASTER CONTRACT ............... 106


1. General Information

1.1 Definitions. Defined terms that appear in the RFP can be found, and are defined, in the contract attached as Appendix I. Acronyms and other related terms are as defined in the Glossary.

2. Project Overview

2.1 Introduction

A. The City of Portland, Oregon, (City) invites Proposals for the provision of a public safety emergency radio communications System to support mission critical communications within the City of Portland and surrounding areas as defined by the Functional Requirements contained herein. The proposed communications System must provide real time operable and interoperable two-way wireless communications capabilities to all Users. This document constitutes an invitation for sealed competitive Proposals under Portland City Code Chapter 5.33.

B. The City of Portland does not intend to procure subscriber equipment as part of this Request for Proposal process. Therefore, this RFP does not contain technical requirements or functional specifications for hand-held or mobile subscriber equipment.

2.2 Background

A. The City currently operates an 800 MHz public safety trunked voice radio system1 commissioned in 1992. This system supports approximately 6,800 subscriber radios and consists of a proprietary based analog simulcast cell, several stand-alone trunked sites, and dispatch centers. The trunked simulcast cell consists of five sites (24 channels each) primarily serving the high population areas (e.g., City of Portland proper) and ten stand-alone trunked sites (five or 10 channels each) primarily serving targeted areas throughout Multnomah County. In addition, there are 54 dispatch consoles operating at multiple locations including three public safety answering points (PSAPs).

B. In order to mitigate lifecycle risks with the 800 MHz public safety trunked voice radio system, the system master site was replaced with newer technology2, enabling continued operations during system replacement planning and implementation efforts. The City also added a new 700 MHz simulcast layer comprising two, four channel simulcast cells with seven sites. Both the legacy 800 MHz trunked system3 and 700 MHz simulcast layer share the new system core.

1 Motorola 800 MHz SmartZone 3.0z

2 Motorola SmartZone 7.9 APCO Project 25 (P25) Phase 1

3 Requires the use of Motorola SmartX gateway devices


Appendix C – System Site List provides specific site locations and descriptions for the overall System.

C. The 700 MHz simulcast layer is a simulcast system that is currently used for encrypted transmissions by the Portland Police Bureau. . The City intends for the 700 MHz channels to be part of the final System configuration.

D. The goal of the City’s Public Safety Voice Radio Communications System Project (“Project”) is to ensure that the City implements a highly reliable digital public safety voice radio System that meets the current and emerging needs of the Portland region for the next 15 to 20 years, and provides the best possible value to taxpayers. The Public Safety Emergency Radio Replacement Project includes the following key goals:

1. Provide the City with a stable and reliable replacement digital radio System including infrastructure Equipment, and Software that complies with the latest applicable APCO Project 25 (P25) suite of standards.

2. Provide a solution that leverages existing communications infrastructure to the greatest extent possible for the benefit of City taxpayers.

3. Provide radio System Users with at least the same, but preferably better, level of coverage as the existing system.

4. Provide radio System Users with at least the same, but preferably better, levels of functionality and configurability as the existing system.

5. Provide the flexibility to enable the City and partner agencies to take advantage of operability in mixed mode (P25 Phase 1 and Phase 2) to support a managed migration of subscriber radios and potential integration with emerging technologies such as Public Safety Long-Term Evolution (LTE) technology.

6. To provide interoperability within the region, enhance interoperability with local, regional, state, and federal first responder agencies and provide reserve capacity for use during major public safety and/or catastrophic events.

2.3 Overview of this Document

A. This document structures the primary contents of the RFP as follows:

1. Section 1, Project Overview – Provides background information and a general overview of the requirements contained in this RFP.

2. Section 2, Instructions to Respondents – Provides instructions to PROPOSERS, including, but not limited to; Proposal due date; pre-Proposal conference information; and evaluation criteria.


3. Section 3, Project Management – Provides project management structure requirements for development by the CONTRACTOR.

4. Section 4, Functional Requirements – Provides requirements for the desired communications System and all associated elements including the trunked radio system, backhaul transport network, and dispatch consoles.

5. Section 5, Training – Provides requirements for training programs to be developed by the CONTRACTOR.

6. Section 6, Warranty, Maintenance, and Support – Provides requirements for the Warranty, extended Warranty, Maintenance, and Support of the proposed System and subsystems.

7. Section 7, System Implementation, Test, and Acceptance – Provides requirements for System migration/transition, staging, installation, coverage testing, and Final Acceptance.

8. Section 8, City Terms and Conditions – Provides City-specific terms and conditions that the PROPOSER must comply with.

B. Several appendixes are also included with this RFP:

1. Appendix A – Proposal Pricing Forms

2. Appendix B – Compliance Matrix

3. Appendix C – System Site List

4. Appendix D – Existing Microwave Backhaul Information

5. Appendix E – Site Surveys

6. Appendix F – Existing and Planned Dispatch Centers

7. Appendix G – Existing Radio System Interfaces

8. Appendix H – Staff Training Requirements

9. Appendix I – Sample Technology System Master Contract

2.4 Project Summary

A. The CONTRACTOR must be responsible for providing the following Project components:

1. Engineering and System design

2. Furnishing and installing System Equipment and ancillary facilities, including temporary facilities as needed.


3. Project management

4. Software installation and programming

5. Training

6. Acceptance testing, including coverage testing

7. Migration/transition plan and execution

8. Warranty and Maintenance

B. The CONTRACTOR must be responsible for furnishing complete and fully functional systems:

1. Radio communications System, including the guarantee of radio coverage in accordance with the coverage requirements found in section 5.2.4.

2. Microwave, fiber, and land-line backhaul networks

3. Radio dispatch consoles at facilities defined as City-owned in Appendix F

C. The CONTRACTOR must plan, coordinate, and conduct all work with minimal interruption of service to existing radio and public safety systems and operations. Proposals must completely describe the Equipment and methods used to implement the System. The intent of this RFP is to allow PROPOSERS to use the best Equipment, technology, and methods available to provide state-of-the-art public safety communications systems of highest quality and performance.

D. All Equipment provided prior to Final System Acceptance must be in new – not refurbished - condition and be covered by a full factory and/or manufacturer’s Warranty of not less than three years following Final System Acceptance.

E. The City shall not accept Proposals that include systems or Equipment at the end of their respective lifecycles. Proposals must be based on the most recent Product release in its respective category and include a Product lifecycle roadmap for the Equipment proposed.

F. Proposals must include a statement on official manufacturer letter head signed by an individual authorized to legally bind the manufacturer indicating the Equipment proposed must receive new repair parts support for a period of not less than 10 years following the last date of Production.

G. In the event that requirements are stated in more than one section and appear to conflict, the more stringent requirement must apply.

H. Current technology, for the most part, is Internet Protocol (IP) controlled. Although it is a core goal of the City Project to leverage existing infrastructure, PROPOSERS must consider the


cost of interfacing to legacy systems such as Time Division Multiplexing (TDM) transport Equipment. The same holds true for legacy microwave Equipment. Therefore, the PROPOSER must weigh these factors and provide a cost effective, long-term solution.

I. The CONTRACTOR will provide a project management plan, which includes, but is not limited to, a detailed Work Breakdown Structure (WBS), Project scope, deliverables, schedule, quality assurance/quality control (QA/QC) processes, change management and risk management sections.

J. The project management Plan will describe how the CONTRACTOR intends to monitor and control the installation and deployment of the proposed System and mitigate risks in order to ensure that the System meets the design specifications and delivery schedule.

K. The CONTRACTOR will establish weekly status meetings between the City’s Project Team and the CONTRACTOR. The CONTRACTOR must provide a schedule for these meetings subject to the approval of the City.

L. Please note that the City does not intend to acquire subscriber units as part of this RFP process. The City has determined that competition in the procurement of both the System infrastructure and subscriber equipment purchased initially and in the future is of importance to its operations. While the City understands that the base station and interconnecting infrastructure comprising the initial system may contain certain unique and proprietary technology; the future addition of subscriber units must be open to competition from multiple manufacturers and dealers.

PROPOSERS shall name other manufacturers who have obtained the necessary technology licenses and who are manufacturing, or have proposed the manufacture of, compatible subscriber equipment.

Other sources of mobile radios, portable radios, radio modems, control stations and conventional base stations are of interest to the City. PROPOSERS shall also name dealers (with contact information) who are licensed to sell the mobiles and portables that will operate on their proposed System and meet the interoperability requirements defined in this RFP.

2.4.1 Authorization and Funding

A. The City of Portland, Oregon, has authorized sufficient funding to support the procurement and implementation anticipated to result from this RFP as part of an ongoing effort to enhance mission critical radio communications and interoperability.

2.4.2 Proposals Desired

A. Proposal Options: Requirements described as an “OPTION” or “OPTIONAL” refer to features or Equipment, which the City may or may not purchase, or items whose quantities are not determined yet. It is not the PROPOSER’S option to respond to these requirements; therefore,


PROPOSERS are required to respond to all OPTIONAL requirements to the greatest extent possible.

B. Alternate Proposals:

1. In the event a PROPOSER has a technological solution that does not meet the exact requirements in this RFP, PROPOSER may offer more than one Proposal as long as each Proposal fully addresses the intent of the requirements set forth in this RFP.

2. If a PROPOSER submits an alternate Proposal for a solution requiring the participation of another government entity, i.e., neighboring county or the state, the PROPOSER must include a Letter of Intention to Participate signed by a representative of the other entity.

3. Alternate Proposals must be submitted separately under a different cover from the base Proposal and clearly marked “ALTERNATIVE PROPOSAL”.

4. Alternate Proposals must be complete, and contain all required information.

5. The PROPOSER must comply with the same submittal instructions in Section 3.4, Proposal Format for alternate Proposals in addition to the requirements for the primary or first submittal that may extend beyond the format requirements found in Section 3.4.

2.4.3 Standards and Guidelines

A. The CONTRACTOR must comply with the following standards, rules, regulations, and industry guidelines as applicable (presented here in alphabetical order; not reflective of priority):

1. American National Standards Institute (ANSI)

2. American Society of Testing Materials (ASTM)

3. Electronic and Telecommunications Industry Associations (EIA-TIA)

4. Federal Aviation Administration (FAA)

5. Federal Communications Commission (FCC)

6. Institute of Electrical and Electronics Engineers (IEEE)

7. Motorola R56 – Standards and Guidelines for Communications Sites

8. National Electrical Code (NEC)

9. National Electrical Manufacturer’s Association (NEMA)

10. National Fire Protection Association (NFPA) 1221


11. Telecommunications Distribution Methods Manual (TDMM)

12. Underwriters Laboratories, Inc. (UL)

13. The Association for Public Safety Communications Officials (APCO)

14. National Emergency Number Association (NENA)

B. PROPOSER must comply with industry best practices for System installation, grounding, bonding, and transient voltage surge suppression (TVSS), as outlined in the following standards:

1. Motorola R56 – Standards and Guidelines for Communication Sites (latest revision)

2. M/A-COM Site Grounding and Lightning Protection Guidelines (AE/LZT – 123 4618/1 – latest revision)

3. Other contractor / industry standard – PROPOSER must provide to the City for review and approval as part of PROPOSER’S Proposal.

C. Equipment mounting (e.g., racks and cabinets) must conform to full Zone 3 earthquake compliance in accordance with Telcordia (formerly Bellcore) GR-63-CORE Network Equipment Building System (NEBS) requirements. The CONTRACTOR must provide certification that the racks and/or cabinets used meet the Telcordia GR-63-CORE NEBS requirements for Zone 3 in their as-built Documentation package.

1. Equipment placement in racks or cabinets must be such that heavier items are lower in the racks while lighter items are higher in the racks to minimize the effect of centrifugal forces and swaying during an earthquake.

2. Bracing of Equipment is required during unattended periods of construction.

D. Governing codes and conflicts: If the requirements of this RFP conflict with those of the governing codes and regulations, then the more stringent of the two must apply.

E. If the PROPOSER cannot meet specific portions of the standards or guidelines listed in this RFP, the PROPOSER must list all exceptions and deviations in their Proposal for approval or denial by the City.

2.4.4 Frequency Coordination and Licensing

A. Land Mobile Radio (LMR) licenses -- The City will provide all current licensing information to the CONTRACTOR following Contract award. Following approval of the preliminary design phase, the CONTRACTOR must provide all modifications and applicable forms to the City for review and approval. The CONTRACTOR must also be responsible for any additional


frequency research, support, and preparation if necessary. The CONTRACTOR must execute and submit all forms to the FCC following approval.

B. Microwave Licenses -- The CONTRACTOR is responsible for all microwave frequency research, coordination and preparation of all associated FCC license applications, and submittals by the CONTRACTOR on behalf of the City. The CONTRACTOR must provide submittal Documentation to the City for review and approval prior to submittal. The City will execute and return the approved forms to the CONTRACTOR. The City will be responsible for coordination and licensing fees, if any, and signatures, as applicable.

C. The CONTRACTOR is/will be required to complete Federal Aviation Administration (FAA) forms as necessary and provide the forms to the City for review and approval. The City will execute and submit all forms following approval.

2.4.5 Insurance – Proof of Coverage

A. Work must not commence until all insurance requirements have been met and certificates thereof have been approved by the City Attorney’s Office. All insurance requirements must be as indicated within the attached Contract, Appendix I.

2.4.6 Public Safety

A. Public safety may require limiting access to public work sites, public facilities, and public offices, sometimes without little advance notice. The PROPOSER must anticipate delays in such places and include the cost of delay in the costs in its Proposal. The CONTRACTOR’S employees and agents must carry sufficient identification to show by whom they are employed and display it upon request to security personnel. City project managers have discretion to require the Contractor’s employees and agents to be escorted to and from any public office, facility or work site if national or local security appears to require it.


3. Instructions to Respondents

3.1 Overview

A. Proposals must be received by March 1st, 2013, at 2:00 pm PST. The outside of the envelope must plainly identify the subject of the Proposal, the RFP number and the name and address of the PROPOSER. Responses received after time or date listed herein will not be considered. Proposals received after the scheduled closing time for filing will be returned to the PROPOSER unopened. Proposals must be addressed to:

Scott Schneider Procurement Services 1120 SW Fifth Avenue, Room 750 Portland, Oregon 97204

B. By submitting a response, the PROPOSER is accepting the Terms and Conditions of this Request for Proposal and the attached Contract, Appendix I.

C. Conflicts of Interest - A PROPOSER submitting a Proposal thereby certifies that no officer, agent, or employee of the City or stakeholder agencies has assisted the PROPOSER in the preparation of their response to this RFP or provided information that was not readily available to all other PROPOSERS, that the Proposal is made in good faith without fraud, collusion, or connection of any kind with any other PROPOSER for the same RFP, and that the PROPOSER is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

D. Investigation - PROPOSERS must make all investigations necessary to inform themselves regarding the work or Services to be furnished.

E. Costs of Responding - This Request for Proposal does not commit the City to pay any costs incurred by any PROPOSER in the submission of a response, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the RFP.

F. Permits and Licenses - PROPOSERS must include in their Proposal the cost to obtain and/or maintain all permits, certifications and licenses that may be required to perform the Contract.

G. Cooperative Purchasing - The PROPOSER agrees to extend identical prices and Services under the same terms and conditions to all public agencies. Requirements stated herein reflect the City of Portland usage only.

A public agency wishing to utilize like Services will execute its own contract with the CONTRACTOR for its requirements. Any PROPOSER, by written notification included with their Proposal, may decline to extend the Services, prices and terms of this RFP to any and/or all other public agencies.


H. Withdrawal, Modification, or Alteration of Proposal - Prior to the RFP due date and time, changes may be made to submitted Proposals, provided the changes are initialed by the PROPOSER or authorized agent. Also, a Proposal may be withdrawn upon written request of the PROPOSER prior to the scheduled closing time for accepting Proposals. Negligence on the part of the PROPOSER in preparing their Proposal confers no right to withdraw their response after the scheduled closing time for filing Proposals.

I. Late Proposals - Proposals received after the scheduled closing time for filing will be returned to the PROPOSER unopened. Due to heightened security measures in the Portland Building, PROPOSERS should allow extra time when making deliveries to Procurement Services. It is the responsibility of the PROPOSER to ensure their Proposal is submitted in the proper form and in accordance with the time, date, and location specified in the RFP.

J. The City reserves the right to modify, revise or cancel this RFP. Receipt and evaluation of Proposals or the completion of interviews do not obligate the City to award a contract.

3.2 Mandatory Pre-Proposal Conference

PROPOSERS are required to attend a pre-Proposal conference on the following date and time:

Wednesday, December 12, 2012, 9:00 a.m. to 4:00 p.m.

The pre-Proposal conference will be held at:

Portland Police East Precinct - Meeting Room 737 SE 106th Ave, main floor Portland, OR 97216

Parking is available directly across the street.

A. PROPOSERS may submit questions to the City no later than five business days prior to the pre-Proposal conference in either written or electronic format (email). During the conference, the City will provide answers to any questions received and hold an open discussion regarding the Project. Oral responses during the conference are not binding on the City.

B. Address technical questions to the following City contact:

Scott Schneider Procurement Services 1120 SW Fifth Avenue, Room 750 Portland, Oregon 97204 [email protected] Phone: (503) 823-6880

C. Following the conference, a copy of the sign-in sheet will be posted on the City’s Online Procurement Center (http://www.ebidexchange.com/cityofportland).


D. The City of Portland will make reasonable accommodation for people with disabilities. Please notify us no less than three (3) business days prior to the event by phone at 503-823-2299, by the City’s TTY at 503-823-6868, or by the Oregon Relay Service at 1-800-735-2900.

3.3 Questions or Clarifications

A. It is the PROPOSER’S responsibility to ask questions, request changes or clarifications, or otherwise advise the City of Portland, Procurement Services, if any language, specifications or requirements of the RFP appear to be ambiguous, contradictory, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source.

Every attempt will be made to ensure that the PROPOSER receives an adequate and prompt response. However, in order to maintain a fair and equitable RFP process, all PROPOSERS will be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement. Questions and requests for clarification regarding this Request for Proposal must be directed in writing, via email, to the person listed below at least fourteen (14) calendar days prior to the Proposal due date. Therefore, PROPOSERS are advised that any questions received less than fourteen (14) calendar days prior to the RFP opening date may not be answered.

Scott Schneider Procurement Services 1120 SW Fifth Avenue, Room 750 Portland, Oregon 97204 [email protected] Phone: (503) 823-6880

If, in the opinion of the Chief Procurement Officer, additional information or interpretation is needed by the PROPOSERS, an addendum will be issued. Any addenda issued by the Chief Procurement Officer, that may include changes, corrections, additions, interpretations, clarifications, or information, and issued seventy-two (72) hours or more before the scheduled closing time for submitting the Proposal, Saturday, Sunday, and legal holidays not included, is binding upon the PROPOSERS. The City will supply copies of such addenda to all PROPOSERS who have obtained copies and are on the plan holder list of the RFP documents for the purpose of responding thereon, but failure of the PROPOSER to receive or obtain such addenda will not excuse the PROPOSER from compliance therewith if awarded the contract.

B. Oral Instructions - Oral instructions or information concerning the RFP documents or the Project given out by officers, employees, or agents of the City to prospective PROPOSERS do not bind the City. Any changes or revisions to the specifications or any portion of the RFP are only binding if issued in writing by the City by addendum. The City reserves the right to officially amend or cancel an RFP after issuance.


3.4 Proposal Submission

A. The Proposal must give clear, concise information in sufficient detail and in the order presented below to allow an evaluation based on these requirements. Although the weighting of some of the elements listed below varies, all requirements are necessary for evaluation.

B. To assist in clearly describing how the PROPOSER will accomplish work specified in the Proposal, samples, literature, program description attachments such as flow charts, tables, and other graphic aids and other materials supporting the program description may be submitted as appendices to the Proposal.

C. The City may authorize the use of written follow up questions, presentations and/or interviews as a method of clarifying, verifying and/or presenting the PROPOSER’S Proposal or obtaining additional information. The City RFP Evaluation Committee may invite competitive PROPOSERS to make a presentation to, or participate in, interviews with the City at a date, time, and location determined by the City. The purpose of such presentations or interviews would be to allow the PROPOSERS to present their proposed solutions to the City and for the City RFP Evaluation Committee to obtain additional information.

D. Proposal Submission - PROPOSERS must submit: one (1) complete original hardcopy, one (1) electronic Redacted for Public Disclosure Copy, and one (1) complete electronic copy to the contact person and address listed above. The electronic copy must be in PDF format, except for the completed PROPOSAL PRICING FORMS and COMPLIANCE MATRIX spreadsheets, which must be in their native MS Excel format. The electronic PDF Format copy must be an exact copy of the complete original hardcopy assembled in as few files as possible (preferably one), and may not include embedded documents. In the event of a discrepancy between the hardcopy and the electronic copy, the hardcopy will prevail and be evaluated. If PROPOSER has no redactions, provide a written statement to that effect in the cover letter of your Proposal. The entire Proposal must be received at the place, and on or before the Proposal Due date and time, specified on the cover of this solicitation

For purposes of review and in the interest of the City's Sustainable Paper Use Policy and sustainable business practices in general, the City requests the use of submittal materials (i.e. paper, envelopes) that contain post-consumer recycled content and are readily recyclable. Submittals must not include 3-ring binders or any plastic binding, folder, or indexing material. Reusable binding posts, clips, or rings and recycled content paper envelopes or folders are examples of acceptable bindings. Submittals must be printed on both sides of a single sheet of paper wherever applicable; if sheets are printed on both sides, it is considered to be two pages. Color is acceptable, but content should not be lost by black-and-white printing or copying.

All submittals will be evaluated on the completeness and quality of the content. Only those PROPOSERS providing complete information as required will be considered for evaluation. The ability to follow these instructions demonstrates attention to detail.


E. Redaction for Public Records - Any portion of a Proposal that the PROPOSER claims as exempt from disclosure must meet the requirements of ORS 192.501, ORS 192.502, ORS 646.461 or federal law. When preparing its Proposal submission, the PROPOSER must provide one (1) electronic Redacted for Public Disclosure Copy of their Proposal with their submission. The Redacted for Public Disclosure Copy must be a complete copy of the submitted Proposal (including cover letter, exhibits and attachments), in which all information that the PROPOSER deems to be exempt from public disclosure has been redacted. For the purpose of the Redacted for Public Disclosure Copy, “redaction” means “the careful highlighting of a document to identify the exempt information but otherwise leaving the formatted document fully intact.” PROPOSERS must include a summary page(s) at the beginning of their Redacted for Public Disclosure Copy detailing the location of all redacted information and the applicable exemption/exception. When exempt information is mixed with nonexempt information on the same page, the exempt information must be redacted in such a way as to allow the disclosure of the non-exempt information. Should the PROPOSER determine that no redaction is required, that statement may be included within the text of the cover letter. If a PROPOSER fails to submit a Redacted for Public Disclosure Copy of their Proposal as required, the City may release the PROPOSER’S original Proposal without redaction.

F. PROPOSERS must adhere to the Proposal format provided below, organized by section. The City may reject as non-responsive, at its sole discretion, any Proposal or any part thereof, which is incomplete, inadequate in its response, or departs in any substantive way from the required format.

1. Cover Page - The cover letter must contain the following general information. Failure to provide such information may be grounds for finding the PROPOSER non-responsive, and may lead to the entire Proposal being disqualified.

i. Must be signed by an officer authorized to commit the PROPOSER to allocate the necessary resources to deliver the System as specified herein and to complete the Project within the proposed schedule and for the proposed cost budget.

ii. A statement affirming that the terms and pricing of their Proposal are valid through at least October 31, 2013.

iii. Contact information (i.e., name, title, mailing address, delivery address if different from the mailing address, facsimile number, telephone number, and email address) of the person authorized to represent the PROPOSER throughout the Proposal evaluation process.

iv. Contact information of the person authorized to represent the PROPOSER in negotiating the costs, terms, and conditions contained in the PROPOSER’S Proposal.


v. Identity of all subcontractors, if any, included in the Proposal along with a summary of the work, Products, and material to be delivered by each subcontractor.

2. Technical Proposal:

i. Table of contents

ii. Section 1: Executive summary

iii. Section 2: Organization information

a. Mission and history – Provide the PROPOSER’S mission statement and brief description of the PROPOSER’S mission

b. Proposed staffing:

1) Organizational chart - Provide an organizational chart describing the composition of the PROPOSER’S organization and illustrating the relationships of the proposed Services with other organizational divisions, programs, and sections. Indicate the lines of organizational management, authority, and responsibility.

2) Staffing chart - Provide a staffing chart that describes the PROPOSER’S proposed project staffing plan identifying staff positions (by name and title, if known) and reporting responsibility. PROPOSERS may combine both the organizational and staffing charts, if they contain all of the requested information. PROPOSERS must include key subcontractor personnel.

3) Job descriptions - Provide job descriptions for all program staff positions outlined in the staffing chart by 1) position title and requirements which may include skills, education, experience, and certifications; 2) position description including decision authorities, reporting responsibilities, and duties.

4) Staff resumes: Provide full resumes for all Key Personnel to fill positions in the staffing chart to accomplish the requirements in the Proposal. Resumes should provide information demonstrating that the person is qualified for his/her assigned position, including history of relevant education, degrees and certificates earned, year, and experience. Resumes must be included, at a minimum, for the following Key Personnel:

a) Project manager


b) Lead project engineer

5) Subcontractors – PROPOSERS must provide a brief description of all major subcontractors, as well as resumes for any subcontractor personnel in key Project roles.

c. Government contracts – List all government contracts the PROPOSER has had in the last three years. If PROPOSER has an extensive list of contracts, then list no more than ten contracts, beginning with the most recent, and ending with the oldest of those selected. Information should include a point-of-contact (POC), type of contracted Services, length of contract, performance outcomes, compliance issues, and total value of the contract. City staff will verify contract information.

d. Litigation – Provide a description of any litigation and resolutions in the past five years related to the contractor’s performance. Provide a copy of a letter from the PROPOSER’S attorney and/or in-house legal counsel concerning the status of lawsuits and pending litigation for the most recent year.

e. Financial information:

1) PROPOSER must provide Documentation that the organization has sufficient financial reserves to maintain the program for the duration of the Project. Documentation may include cash and/or credit reserves. In addition, the PROPOSER must provide the following information for the last three fiscal years:

a) Audited financial statements including all financial statement notes

b) Independent auditor’s report on compliance and internal control over financial reporting based on an audit of the financial statements in accordance with Generally Accepted Accounting Principles (GAAP)

c) Independent auditor’s statement of findings and questioned costs

iv. Section 3: Experience:

a. The PROPOSER must have a minimum of five years of experience in the design and installation of LMR systems. All PROPOSERS must provide information describing their experience with similar projects.


PROPOSERS must also describe their role in these projects (e.g., integrator, prime contractor, subcontractor, Equipment installer, etc.).

b. All PROPOSERS must provide a list and describe five projects of similar size and complexity, successfully completed by the PROPOSER. Project descriptions must be limited to two pages to the greatest extent practical. Similar projects are defined by the following minimum criteria:

1) LMR technology designed for life critical operations

2) Quantity of communications sites

3) Regional population base

4) Quantity of base stations

5) Geographic topology

c. References – Each reference must include the following minimum information. PROPOSER is encouraged to check that all references are current. References that are unreachable due to change in employment, retirement, and incorrect contact information or otherwise are not acceptable and will be deducted from the total number of references provided in response to the requirement. The information must include:

1) Name of the system

2) Location

3) Contact person directly involved with the Project

4) Current contact telephone number

5) Current contact email address

v. Section 4: Compliance matrix:

a. PROPOSERS must demonstrate compliance with the requirements in the statement of work by completing the compliance matrix provided in Appendix B – Compliance Matrix.

b. PROPOSERS must mark an “X” in the appropriate column for each line of the Compliance Matrix. PROPOSERS are not required to address rows of the matrix marked with “N/A,” as these rows do not require a statement of compliance. Compliance statements are limited to the following three choices:


1) COMPLY - The proposed System meets the specified requirement exactly as stated, and the PROPOSER has already delivered identical functionality to an existing customer.

2) COMPLY WITH CLARIFICATION – the proposed System meets the requirement exactly as stated, however, the PROPOSER has not delivered identical functionality to an existing customer. PROPOSERS must provide a detailed explanation when using this statement.

3) EXCEPTION - the proposed System does not meet the requirement exactly as stated. PROPOSERS must provide a detailed explanation when using this statement.

vi. Section 5: System description:

a. The information provided in this section must follow the numbering of the Proposal.

b. Description of the System, including Equipment, Software, design, and Services to be provided:

1) Radio communications System Equipment

2) Detailed description of radio frequency (RF) coverage predictions and methodologies used to derive such coverage predictions

3) Microwave backhaul design, including preliminary path profiles

4) Dispatch console system

5) Detailed Equipment specification sheets for all proposed Equipment

6) System design information must include complete Documentation including, but not limited to, detailed description, block diagrams, Equipment layouts, and Equipment lists necessary to provide a complete and comprehensive description

7) PROPOSERS must provide a high-level preliminary migration/transition plan with their Proposal.

a. The preliminary migration/transition plan must describe how the radio System will be phased over from the current operation to full operation on the proposed System

b. The preliminary migration/transition plan must address mutual aid and interoperability with users of adjacent systems


vii. Section 6: Project schedule:

a. Preliminary project schedule with detailed Gantt chart

b. The schedule must address the following at a minimum:

1) Detailed site surveys

2) Detailed design review

3) Equipment manufacturing

4) Factory acceptance test

5) Equipment delivery

6) System installation (per site and/or subsystem)

7) System Configuration

8) System optimization

9) Acceptance testing

10) Coverage testing

11) Training

12) System migration/transition

13) System Documentation development and delivery

14) System and Equipment Warranty period

viii. Section 7: Warranty information:

a. System

b. Subsystems

c. Software and Equipment Warranty information

ix. Section 8: Additional information:

a. Training programs

b. Additional information that is not covered in other sections

c. Availability of preventive and corrective maintenance models.


x. Appendices:

a. Coverage prediction maps

b. Supplemental information not included in the body of the Proposal

3. Pricing Proposal:

i. Submit the pricing Proposal in a separate, sealed envelope or package

ii. Provide a cover page listing all completed pricing forms

iii. Table of contents

iv. Section 1: Description of pricing Proposal

v. Section 2: Pricing schedule:

a. The City will evaluate Proposals with consideration given to the lowest overall cost of ownership to the City. PROPOSERS must provide detailed cost of ownership information for the proposed trunked radio System, microwave, and console Equipment for ten years. For the purposes of this requirement, PROPOSERS should assume that the City will maintain the System following the three-year Warranty period and should not include overall cost of ownership information for uninterruptible power supplies (UPS) and backup generators. The City may elect to purchase Software Maintenance agreements and System Upgrades following acceptance of the System. Therefore, PROPOSERS must include information for these Products and Services. PROPOSERS must provide individual pricing for the proposed Products and Services. The City may elect to purchase all, some, or none of the items offered.

b. PROPOSERS must submit the proposed System pricing by completing the pricing forms supplied in Appendix A – Proposal Pricing Forms.

c. PROPOSERS must also submit a proposed milestone payment schedule listing each milestone and/or deliverable for which payment will be due. Payment for all deliverables or milestones is dependent on City acceptance.

vi. Section 3: Warranty and Support:

a. PROPOSERS must provide a copy of any standard Support agreements (i.e., Warranty, Maintenance, Software licensing (including EULA, etc) requiring City review and signature.

vii. Section 4: Post-Warranty Support:


a. PROPOSERS must submit a proposed fee schedule and contract discount (if applicable) for the Equipment, Software, and Services following the Warranty period.

b. The PROPOSER must support the proposed fee schedule for a minimum of ten years including the initial three-year Warranty period. In the event that the initial Warranty period is three years, the proposed fee schedule covers years four through ten.

viii. Public Works and Prevailing Wages:

c. The City of Portland does not anticipate any Public Works in this Project. However, any PROPOSERS submitting a Proposal that would be subject to the State of Oregon's Prevailing Wage law (ORS 279C.800 et seq.) shall comply with the statute in every respect. In such an event, prevailing wage rates are required to be paid to workers in each trade or occupation that the CONTRACTOR or Subcontractor uses in performing all or part of the work on this Project. If applicable, the prevailing wage rates for this Project will be the rates in the BOLI publication titled “Prevailing Wage Rates for Public Works Contracts in Oregon” effective on July 1, 2012 including any applicable amendments dated October 1, 2012 which are hereby incorporated into this RFP and subsequent Contract by this reference. Workers must be paid not less than the specified minimum hourly rate of wage in accordance with ORS 279C.838 and 279C.840. You can download your copy from www.oregon.gov/boli. If you need additional copies, contact Bureau of Labor & Industries, 800 NE Oregon St. #32, Portland, OR 97232; phone 971-673-0839.

4. Diversity in Employment and Contracting Requirements:

i. The City values diversity in its workforce and in the workforce of those who contract with the City and has a significant interest in extending contracting opportunities to Minority, Women, and Emerging Small Businesses (M/W/ESB) at both a prime and subcontracting level. The City is committed to ensuring that such firms receive opportunities and equal consideration to be awarded City contracts.

ii. The City recognizes that there are several ways to meet this goal. The list below is provided as a catalyst to generate ideas on how PROPOSERS may meet this goal:

a. Internal work force, Equal Employment Opportunity, technical training and mentoring;


b. Emphasize the way this Project will provide developmental opportunities and sustainable business growth for certified M/W/ESB;

c. Point to a long-term history of strategic alliances and partnership with M/W/ESBs that will be used to perform a commercially useful function on this Project;

d. Placing a particular emphasis on a project-specific partnership with M/W/ESBs;

e. Carving out a meaningful scope of work based on the expertise of their M/W/ESB partner firm(s).

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iii. All PROPOSERS responding to this solicitation must address the following factors:

a. MBE, WBE & ESB Certification

b. Indicate if your firm is currently certified through the State of Oregon as an MBE, WBE or ESB. If no, what percentage of the Project will be subcontracted out to M/W/ESBs?

c. EEO & Workforce Diversity

1) Describe how your firm has historically provided opportunities for minorities and women to receive training and work within your firm.

2) Describe your existing relationships with M/W/ESB firms including a description of your supplier diversity program.

3) If your company currently has under representation of minorities or women within your current workforce, describe how over time you propose to remedy the underutilization.

4) Discuss any Project-specific opportunities for technical training and/or employment of underrepresented groups you would commit to. Are there other outreach (through local schools or community-based organizations) that you consider to be viable in light of the size and scope of this Project? What resources might your firm address to such needs?

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iv. The City expects thoughtful consideration to be given to which EEO/Diversity and M/W/ESB program components make sense to individual PROPOSERS on this particular Project.

v. Provide a narrative description of the PROPOSER'S experience in promoting participation on the part of Minority-owned, Women-owned and Emerging Small Business (M/W/ESB) enterprises as partners, consultants or suppliers on previous projects.

vi. Include a description of your firm’s supplier diversity program:

a. How long has it been in existence and what were the driving factors for establishing the program?

b. What results has it had to increase your company’s M/W/ESB participation?

c. Who is the individual responsible for your company’s M/W/ESB initiative? Provide their experience with the M/W/ESB community.

d. Discuss any innovative or particularly successful measures that your firm has undertaken to work with M/W/ESB firms on other projects.

vii. Include a list of those certified M/W/ESB firms with which your firm has had a contractual relationship during the last twelve (12) months.

a. Describe your diversity solution where you, as the prime contractor, sub-contract Services in a partnering relationship with a certified M/W/ESB firm:

1) How do the M/W/ESB(s) that you partner with benefit from the relationship with your firm?

2) Describe what you consider your first-tier diversity solution where you utilize a certified M/W/ESB firm as the prime contractor and your company works as an alliance partner.

3) How do you evaluate the credentials of your M/W/ESB suppliers?

4) Describe how your firm could increase the utilization of certified M/W/ESB firms in service of the City contract if you are the CONTRACTOR?

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Describe your outreach plan to M/W/ESBs for this Project.


viii. If your firm is not utilizing existing relationships as described above or is able to undertake additional outreach to improve opportunities for minority, women, and emerging small business, describe your outreach program or plan for obtaining maximum utilization of M/W/ESB firms on this Project. PROPOSERS not drawing on existing relationships with M/W/ESB firms should describe what outreach efforts will be pursued in order to make contracting opportunities available to M/W/ESBs.

ix. A suggested set of possible actions is listed below but PROPOSERS may propose their own plan to make subcontracting opportunities available to M/W/ESBs:

a. identify probable subcontracting opportunities by type of work, potential size of subcontract, etc.,

b. advertising in the Daily Journal of Commerce, Skanner, Oregonian, Portland Business Journal, Observer, El Hispanic News, Just Out, Asian Reporter, and/or other trade publications to notify potential M/W/ESBs and other diverse groups of contracting opportunities;

c. utilizing certified M/W/ESB firms from the State of Oregon certification list, or other source, as a basis for direct outreach in likely subcontracting areas.

d. meeting with potential M/W/ESB subcontractors in order to encourage collaboration and partnering.

e. documenting Proposals received from M/W/ESB firms and identify Proposal(s) accepted and reasons for rejection of such Proposals, if Proposals are rejected.

f. providing mentoring, technical or other business development Services to M/W/ESB team members.

g. initiating other efforts as might be useful for this particular Project.

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M/W/ESB COMPLIANCE AND REPORTING

If your company will be utilizing M/W/ESBs on this Project, please list those firms and detail their role within the present solicitation. The City will enforce all EEO/Diversity and M/W/ESB commitments submitted by the SUCCESSFUL VENDOR. All PROPOSERS must identify the following:

a. The name of ALL subcontractors on the Project;


b. The names of all MBE, WBE and ESB firms. If firms have more than one certification (ESB and MBE) note that on the form; and

c. The proposed scope or category of work for each subcontract

d. If the PROPOSER will not be using any subcontractors, the PROPOSER will indicate “NONE” with the Proposal.

5. Exceptions and Deviations to the City’s Technology System Master Contract:

PROPOSERS are to indicate acceptance or rejection of the Contract terms, including insurance and performance bond requirements. If PROPOSERS do not accept the terms of any clause as written, PROPOSERS must propose the specific language changes requested (deletions and insertions in unlocked redline Word format, not PDF) and the reason for the requested change. If terms require clarification, the PROPOSER must indicate specific wording found to be unclear, and the reason the PROPOSER considers it unclear. Statements such as “we find the agreement generally acceptable” or that your organization “reserves the right to negotiate particular provisions,” or that “certain terms need to be discussed” or “we have our own contract” may be deemed non-responsive and the Proposal may be rejected. The City will consider failure to specifically reject a proposed term as acceptance of such term.

These requested changes must be submitted in the sample contract itself as tracked changes. Requests that are not submitted in this format may not be considered. Requests that state that the entire Contract or an entire section must be negotiated will not be considered. The City reserves the right to move on to the next-highest PROPOSER if exceptions and deviations to the City’s Technology System Master Contract are, in the City’s sole opinion, excessive or unreasonable.

PROPOSERS should submit any vendor paper they wish to see included as an attachment or exhibit in the City’s Contract including, but not limited to, License Agreements, Service Level Agreements, End User License Agreements, and Maintenance and Support Agreements.

PROPOSERS are encouraged to modify their boilerplate as follows:

a. Synchronize definitions to match the City’s existing Definitions in the Master Contract

b. Provide additional definitions to be included if necessary

c. Delete all repetitive clauses that are already included in the Master Agreement (examples include “survivability” clauses, non-waiver, choice of law/venue etc.)

d. Provide a list of additional acronyms for Glossary if necessary

e. Submit the PROPOSER’S suggested order of documents in the Order of Precedence clause.


Note: PROPOSERS must warrant merchantability, fitness for particular purpose, and non-infringement for any of PROPOSER’S own Application Software as provided in the Contract. Warranties and representations for pass-through Software or PROPOSER- acquired Equipment may be negotiated. Choice of law/venue must be Oregon.

3.5 Proposal Review and Evaluation Criteria

A. The Proposal must provide clear and sufficient detail to enable the Evaluation Committee to evaluate the responsiveness and quality of the Proposal to each of the RFP submittal requirements defined in Section 3.4. Although the Evaluation Committee weights some factors as more important than others, it considers all factors as necessary for an acceptable Proposal.

The Proposal evaluation process consists of a series of Evaluation Levels that will lead to the identification of a finalist. This process is described below. Please note that in accordance with ORS 279B.060(10), the City may issue an addendum to modify the criteria, rating process and procedure of the RFP before the start of the evaluation level to which the addendum applies. The City may submit questions for clarification of a Proposal at any time during any Evaluation Level.

Evaluation Level #1- This step will assess whether PROPOSERS meet the mandatory and responsiveness requirements outlined in this RFP. PROPOSERS will be evaluated on a “pass” or “fail” basis on the extent to which they responded to the instructions in the RFP (i.e., Review for Responsiveness). Failure to pass the responsiveness requirements within Level #1 will disqualify a PROPOSER from moving to Level #2.

Evaluation Level #2- Proposals that meet the mandatory and responsiveness criteria in Evaluation Level #1 will be evaluated in Evaluation Level #2. This step consists of a detailed review of the responses in the following areas:

The following factors will be considered in the evaluation process:

1. Understanding of the RFP(30 points)

i. Compliance with the requirements of the RFP

ii. Completion of all requested forms

iii. Capability, features, and functionality of the System

iv. Warranty, Maintenance, and Support

2. Qualifications and corporate experience: (25 points)


i. The City will evaluate PROPOSERS’ qualifications and corporate experience based on the information provided in accordance with the RFP submittal requirements defined in Section 3.4.

3. References: (15 points)

i. The City will contact and evaluate PROPOSERS’ references based on the information provided in accordance with the RFP submittal requirements defined in Section 3.4.

ii. The City reserves the right to visit PROPOSERS’ reference sites.

4. Price Proposal(15 points)

The City will evaluate price Proposals for best overall value to the City.

5. Diversity in Employment and Contracting (15 points)

One hundred possible points are available at Level #2. Those points are allocated to the various evaluation criteria according to the table below.

Evaluation Level #2 Available Points per Criteria

Criteria Maximum Evaluation Level #2 Score

Understanding of the RFP 30

Qualifications and corporate experience 25

References 15

Price Proposal 15

Diversity in Employment and Contracting 15

Total: 100

RFP responses will be read and scored by an evaluation committee. Evaluators will assign points, up to the Maximum Evaluation Level #2 Score for each criteria, based upon each evaluator’s independent judgment of how well the Proposal responded to the requirements for each criteria section in the RFP.

Based upon the Level #2 Scores the City may invite one or more of the highest scoring PROPOSERS to participate in Evaluation Level #3.


Evaluation Level #3 - Interviews, System demonstrations, site visits, and/or oral presentations (If necessary):

i. PROPOSERS invited to participate in Evaluation Level #3 may be asked to interview or provide System demonstrations, site visits, or oral presentations. A PROPOSER’S inability to accommodate an interview, System demonstration, site visit, or oral presentation may disqualify the PROPOSER from further consideration. The PROPOSER’S representatives attending the interview, System demonstration, site visit, or oral presentation must include the proposed project manager, and must be qualified to respond to questions related to the Proposal. The cost of participation in any interviews, System demonstrations, site visits, or oral presentations. is the PROPOSER’S responsibility. The City RFP Evaluation Committee may also ask for clarifications and additional information.

ii. Information provided by PROPOSERS in Evaluation Level #3 will be used by the evaluation committee to refine the scores assigned in Evaluation Level #2.

Evaluation Level #4 - In this step, PROPOSERS may be asked to produce Best-and-Final-Offers (BAFO). Based on the results of the BAFO and subsequent discussions with PROPOSERS, the City will identify a single finalist and attempt to reach agreement.

The selection of the finalist will be based on the same criteria used in Evaluation Level #2 and conformance to the City’s terms and conditions and Technology System Master Contract. In making its System selection decision, the City may also evaluate value-added Product and Service offerings, which refers to special considerations that the PROPOSER may provide to the City to increase the value of its overall Proposal (e.g., no cost training units as part of the base license, no cost usage of Software modules).

If an agreement with the finalist is not reached within a time period deemed reasonable to the City, the City may elevate any of the PROPOSERS that passed Level #2 to Evaluation Level #4.

B. An Evaluation Committee will be appointed to evaluate and score all responses according to the evaluation criteria and processes defined in Levels 1 – 4 above. The City developed an ‘Extended Team’ of Subject Matter Experts (SMEs) during the business needs assessment phase of the Project. SMEs will attend demonstrations and assist the Evaluation Committee with the evaluations of responses.

The Committee may focus on only a limited number of Proposals by developing a “short list” based on the scores that the Proposals receive at any Level, or proceed directly to contract negotiation and award. The number of Proposals on a “short list” depends on whether the Committee believes such Proposals have a reasonable chance of leading to the award of a contract.

The City of Portland may exercise one of the following options:


i. Conduct serial negotiations, beginning with the highest scoring PROPOSER. Such negotiations could lead to an award of a contract or the City may decide to terminate the negotiations if it determines that negotiations are unlikely to result in an acceptable contract to the City within a reasonable period of time. If negotiations are terminated, the City may cancel the solicitation or proceed to negotiate with the next highest scoring PROPOSER in the same manner. The City may then continue to negotiate with PROPOSERS further down the list in the order that scores were received or cancel the solicitation; or

ii. Conduct simultaneous competitive negotiations with the two highest scored PROPOSERS. Such negotiations could lead to an award of a contract or the City may decide to terminate the negotiations with either or both when, in the City’s sole discretion, it determines that negotiations are unlikely to reach a contract acceptable to the City within a reasonable period of time. The City may then continue to negotiate with PROPOSERS further down the list in order that scores were received or cancel the solicitation; or

iii. Establish a competitive range of PROPOSERS who appear likely to be able to receive an award of a contract, to initiate discussion with such PROPOSERS to inform them of deficiencies in their initial responses, notify them of parts of their response for which the City would like additional information or otherwise allow eligible PROPOSERS to develop revised responses that will allow the City to obtain the best response based on the requirements and evaluation criteria set forth in the RFP. In proceeding with this option the City will follow the requirements of PCC 5.33.215 regarding discussions, negotiations and, if desired, best and final offers.

The City’s choice of how to proceed, its decision to begin or terminate negotiations, its determination of a reasonable time, its decision to open negotiations with a lower scoring PROPOSER, and any decision that a solicitation should be cancelled are all within the City’s sole discretion.

PROPOSERS who are eliminated at any Level of the evaluation process will be notified of their elimination. At that time, PROPOSERS who wish to protest their elimination must file a protest within seven (7) Calendar Days of the notice. Following final selection, if any, the City will issue a Notice of Intent to Award .

3.6 Clarifying Proposal During Evaluation Process

During the evaluation process, the City has the right to require any clarification or change it needs in order to understand the PROPOSER’S view and approach to the Project and Scope of the work. Any changes to the Proposal will be made before executing the Contract and will become part of the final Contract.


3.7 Proposals are Public Records

All information submitted by PROPOSERS are public record and subject to disclosure pursuant to the Oregon Public Records Act (ORS §§ 192.410-.505), except such portions of the Proposals for which PROPOSER requests exception/exemption from disclosure consistent with Oregon and federal Law. Any portion of a Proposal that the PROPOSER claims constitutes a “trade secret” or is “confidential” must meet the requirements of ORS 192.501, ORS 192.502, or ORS 646.461 or federal law and be highlighted in the redacted electronic copy provided to the City.

If a request to inspect the Proposal is made, the City will notify the PROPOSER of the request. If the City withholds release of the records at the PROPOSER’S request, the PROPOSER agrees to provide information sufficient to sustain its position to the District Attorney of Multnomah County, who currently considers such appeals. If the District Attorney orders that the records be disclosed, the City will notify the PROPOSER in order for the PROPOSER to take all appropriate legal action. The PROPOSER further agrees to hold harmless, defend and indemnify the City for all costs, expenses and attorney fees that may be imposed on the City as a result of appealing any decision regarding the PROPOSER’S records.

3.8 Local Contracting

The City: prefers goods or Services that have been manufactured or produced by a local business if price, fitness, availability and quality are otherwise equal; desires to employ local businesses in the purchase, lease, or sale of any personal property, public improvements or Services; and wants the residents of the State of Oregon and SW Washington to benefit from optimizing local businesses and Services, and the local employment opportunities they generate.

3.9 Award Review and Protest Procedure

ORS 279B.060(5)(a) provides: “Notwithstanding ORS 192.410 to 192.505, Proposals may be opened in a manner to avoid disclosure of contents to competing PROPOSERS during, when applicable, the process of negotiation, but the contracting agency must record and make available the identity of all PROPOSERS as part of the contracting agency’s public records from and after the opening of the Proposals. Notwithstanding ORS 192.410 to 192.505, Proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued.”

Following the Notice of Intent to Award, the public may view Proposal documents, but the City is entitled to withhold from disclosure any materials defined as exempt or conditionally exempt from disclosure pursuant to the Oregon Public Records Act or federal law. PROPOSERS must designate information they consider exempt or conditionally exempt from disclosure by following the redaction process outlined in section 3.4. Materials so designated and meeting the requirements for exempt or conditionally exempt information will not be disclosed unless the Multnomah County District Attorney determines that disclosure is required after appeal. The City reserves the right to disclose materials inappropriately marked as exempt or conditionally exempt and to withhold from disclosure materials that meet standard but which were inadvertently not redacted or marked as confidential.


PROPOSERS not awarded the contract may seek additional clarification or debriefing, request time to review the selection procedures or discuss the scoring methods utilized by the Evaluation Committee, subject to the City’s authority to withhold or provided redacted documents, as stated above.

PROTESTS: PROPOSERS are permitted to challenge the City’s decision to exclude the PROPOSER from the next step/Level in the evaluation process and/or to award a contract. Depending on the nature of the protest, PROPOSERS may wish to review Portland City Code (PCC) 5.33.720, 5.33.730, and 5.33.740 regarding protest procedures, all of which may be found online at the City Auditor’s website (http://www.portlandonline.com/auditor/).

Procurement Services will post a Notice of Intent to Award to the successful PROPOSER. The Notice of Intent to Award will be posted on the City’s Online Procurement Center.

A PROPOSER who is adversely affected or aggrieved by the award of contract or evaluation decision must have seven (7) days after the issuance of the “Notice” to file a protest. The contents to be included in the protest are found in PCC 5.33.740. A protest is not valid if the PROPOSER would not be eligible to be awarded a contract if its protest were upheld. The Chief Procurement Officer will review any protest and issue a written decision. Whether there are further appeal processes depends on the discretion of the Chief Procurement Officer.

3.10 Addenda to the RFP

A. During the Proposal period, the City may issue written addenda making changes or corrections to the specifications as issued. Such changes or corrections must be reflected in the Products and Services covered by the PROPOSER’S Proposal, and such addenda will become part of the specifications and contract.

3.11 Award of Contract

A. Contractor Selection – The City will award a contract to the PROPOSER whose Proposal is considered and evaluated as being the most advantageous to the City. The contractor selection process will be carried out under Portland City Code, Chapter 5.33.

B. Contract Development – The Proposal and all responses provided by the PROPOSER may become a part of the final Contract. The form of contract is the City's Technology System Contract, attached as Appendix I.

C. Notice of Intent to Award – A notice of intent to award posted on the Procurement Services website does not constitute an authorization for shipment of Equipment or supplies or a directive to proceed with Services. Before providing any Equipment, suppliers and/or Services, the Contractor must receive a properly authorized purchase order or contract.

D. Failure to Execute Contract - Failure on the part of the SUCCESSFUL PROPOSER to whom a contract is awarded to execute the Contract and deliver the Contract and required


documents with the required bonding and insurance certificates will be just cause for cancellation of the award and withdrawal of the Contract. Award may then be made to the next-highest scored PROPOSER, or the work may be re-advertised, or otherwise as the City may decide.


4. Project Management

4.1 Project Staffing

A. The CONTRACTOR must provide the appropriate project staff based on workload and the level of effort required throughout the implementation/installation process. The staff identified in 3.1B must serve the duration of the Project unless the CONTRACTOR proposes an alternative plan to the City for consideration.

B. The City reserves the right to accept or reject any proposed staffing changes.

C. CONTRACTOR’S project manager:

1. The CONTRACTOR’S Project Manager will be the primary point of contact between the City and the CONTRACTOR.

2. The CONTRACTOR’S project manager must bear full responsibility for supervising and coordinating the installation and deployment of the communications System; be responsible for development and acceptance of the project management Plan; managing the execution of the Project against that plan; and overseeing the day-to-day Project activities, Deliverables, and milestone completion.

3. The CONTRACTOR’S project manager must be responsible to coordinate daily activities with the City’s project manager. The City expects that the City personnel will maintain day-to-day involvement in the execution and management of the implementation and transition phases of the project. The CONTRACTOR will be required to provide a clear definition and plan for interaction between vendor and City personnel.

4. The CONTRACTOR’S project management plan must provide clear methodology for minimizing the impact on day-to-day operations of the legacy radio system, and interfaced systems, during installation and transition.

5. The CONTRACTOR’S project manager or member of the CONTRACTOR’S project team that must not disable any communications Equipment without receiving prior authorization in accordance with the mutually agreed upon Communications Plan unless they find themselves in a situation where delay would contribute to personal injury or property damage. Should such a situation occur, the CONTRACTOR’S project manager or project team member must act responsibly and make proper notification to alert the City as soon as possible.

6. The CONTRACTOR’S project manager must be responsible for coordinating, and facilitating weekly status meetings.

D. CONTRACTOR’S project engineer:


1. The CONTRACTOR’S project engineer must have the primary responsibility for managing the System design and ensuring System installation in accordance with the approved System design.

2. Any deviation from the approved system design or the approved list of equipment will be subject to the City’s change control procedures and will not be undertaken until approved in writing by the City.

3. The CONTRACTOR’S project engineer must ensure the accurate development of Documentation such as block diagrams, System-level diagrams, and rack diagrams to assist the installation team in completing the System installation.

4. The project engineer must also supervise the development and execution of the Acceptance Test Plan (ATP), the Coverage Acceptance Test Plan (CATP), and guide the project team through the processes and procedures necessary to prove that the System performs as specified in the Contract. The City must approve all test plans prior to execution.

4.2 Scheduling

A. The CONTRACTOR must develop and maintain a project schedule including tasks, milestones, start and end dates, task predecessors, and task owners based on an approved WBS.

B. The schedule must represent tasks associated with completing work on all items identified in the WBS. The CONTRACTOR must update the project schedule with actual dates as tasks are completed.

C. The CONTRACTOR must present all schedule updates to the City during the weekly status meetings.

D. The schedule must address the following at a minimum:

1. Site surveys

2. Detailed design review

3. Site preparation

4. Equipment manufacturing

5. Factory acceptance test

6. Equipment delivery

7. System installation


8. System Configuration

9. System optimization

10. Acceptance testing

11. Coverage testing

12. User training

Please note that the Portland Bureau of Emergency Communications personnel will not be available for training between May 15 and October 15 due to increased workloads during this time frame.

13. System migration/transition

14. System Documentation development and delivery

15. System and Equipment Warranty

4.3 Project Meetings

A. The CONTRACTOR must schedule a project kickoff meeting prior to the beginning of the Project.

B. The CONTRACTOR must schedule weekly Project status meetings following contract award and the initial kickoff meeting. The weekly status meetings must continue throughout the duration of the Project until the City issues Final System Acceptance.

C. The CONTRACTOR must be responsible for facilitating the weekly status meetings as well as preparing and distributing meeting agendas and minutes to the City via email on a weekly basis at least 24-hours prior to the each scheduled meeting. In addition to those identified in Section 3.2, Scheduling, meeting agenda items must include, as a minimum, the following items:

1. Schedule review

2. Status of Deliverables

3. Risk items and planned responses

4. Proposed changes

5. Plans for the next period

6. Action item assignments


7. Punch list review

4.4 QA/QC Program

A. The CONTRACTOR must include a Project QA/QC plan. CONTRACTOR must submit the QA/QC plan for review during preliminary design as described in this section. The plan must address all stages of the Project, including, but not limited to:

1. Procurement

2. System design

3. Installation

4. Implementation

5. Testing

6. Migration/transition

B. The QA/QC plan must specifically describe the plans and procedures that ensure compliance of the proposed System design with the RFP and Contract requirements.

C. The QA/QC plan must be included in the project management Plan developed by the CONTRACTOR’S project manager.

D. The QA/QC plan must be an integral part of the Project and include City personnel as part of the review and approval process for all deliverables and submittals.

E. The proposed QA/QC plan must address the following project tasks at a minimum:

1. Design analysis and verification

2. RF coverage analysis and verification

3. Design changes and document control

4. Material shipping, receiving, and storage

5. Site preparation (if required)

6. Field installation and inspection

7. Equipment inventory and tracking

8. System testing and validation


9. Software regression testing

10. Deficiency reporting and correction

11. Implementation and migration/transition

12. Training and certification

4.5 Project Punch List

A. The CONTRACTOR must establish and maintain a punch list, as mutually agreed to with the City, for site facilities, Equipment, and for Acceptance Tests.

B. The CONTRACTOR must maintain the punch list in real time and distribute it to the City weekly via email. The punch list must include the following at a minimum:

1. Sequential punch list item number

2. Date identified

3. Item description

4. The Party responsible for resolution

5. Expected resolution date

6. Resolution date

7. Details about how each punch list item was resolved and tested

8. Notes about the item.

C. If the CONTRACTOR receives written permission from the City to transfer the responsibility of an item to another person or group, the CONTRACTOR must add a new entry to the punch list and appropriately note the original entry.

D. The CONTRACTOR must be responsible for reviewing each punch list item and advising the City of any changes. The CONTRACTOR must update the status of punch list items during each weekly status meeting.

4.6 Project Submittals

A. The CONTRACTOR must provide all Project submittals and Deliverables in accordance with the following considerations and requirements:


1. All Project submittals will be subject to review and approval by the City and its engineer / consultant.

2. The CONTRACTOR must provide all submittals in hard copy, properly bound, and in electronic format on CD-ROM. The quantity of hard copies required will vary for each type of submittal. The City will notify the CONTRACTOR of the number of copies required for each deliverable.

3. All submittals must include a cover letter or letter of transmittal, signed, dated, and fully describing the contents of the submittal.

4.6.1 Preliminary Design.

A. The CONTRACTOR must submit the preliminary design package no later than 45 days after contract execution, which must include the following:

1. Detailed Project schedule

2. Detailed lists of Equipment and materials for each site

3. Microwave path engineering report(s)

4. Radio and microwave channel plans

5. Patching schedules and termination details for all cabling necessary for a complete record of the installation

6. Equipment room overview drawings

7. Equipment rack/cabinet elevation drawings

8. Tower profile drawings indicating antenna mounting locations

9. Preliminary versions of test plans

10. Preliminary migration/transition plan

4.6.2 QA/QC plan Final Design

A. The CONTRACTOR must submit the final design package no later than 180 days after contract execution, which must include the following:

1. Any updates to previously submitted design information based on City review and feedback and changes proposed by the CONTRACTOR

2. Finalized schedule


3. Final migration/transition plan

4. System Documentation (operation and maintenance manuals) for all Equipment

5. Factory test data

6. Site installation drawings

7. Structural analyses and results

8. Updated coverage maps

9. The CONTRACTOR must submit a detailed Staging Acceptance Test Plan to the City (SATP), outlining a comprehensive series of tests that will demonstrate proof of performance and readiness for shipment no later than 15 business days before testing begins.

10. The City must request any required modifications to the SATP no later than 10 days before the test is to take place.

11. The CONTRACTOR must review and respond to City requests for modification to the SATP by the same time of day on the next business day. For example, if the request is received on Friday at 2:00 PM the response must be provided by 2:00 PM on the following Monday.

12. The CONTRACTOR and the City must work diligently to reach a mutual agreement regarding any requested modifications to the SATP no later than seven days before the test is to take place.

13. The City must approve the SATP no later than five business days before the test is to take place.

4.6.3 System Staging, Delivery, and Installation

A. The CONTRACTOR must stage System components within the United States.

B. The CONTRACTOR must submit a bill of materials (BOM) / packing list with two copies for each shipment of Equipment in accordance with Section 4.6, Project Submittals. The packing list must include the following information at a minimum for each component included in the packaging:

1. Manufacturer

2. Model

3. Serial number


4. Unique identification of the package containing the item

5. Factory test data sheets for each component as applicable

C. All items shipped by the CONTRACTOR or their suppliers will include the above information in a barcode format.

4.6.4 Final Acceptance Testing

A. The CONTRACTOR must submit a detailed Final Acceptance Test Plan (FATP) outlining a comprehensive series of tests that will demonstrate proof of performance and readiness for Final Acceptance by the City.

B. The CONTRACTOR must submit the FATP no later than 20 business days before the testing starts. The City must approve the FATP no later than five business days before testing starts.

C. The CONTRACTOR must submit three final and complete sets of as-built Documentation in accordance with in accordance with Section 4.6, Project Submittals , including the following:

1. Documentation index

2. Field test reports

3. Coverage test reports

4. Warranty Documentation

5. Detailed list of materials and Equipment for each site

6. As-built System block diagrams

7. As-built site drawings, including all cabling, and terminations

8. Configuration files (i.e., routers, switches, servers, base stations, etc.)

9. Channelization plans and IP addressing maps

10. Site layout drawings including dispatch facilities as appropriate

11. Tower drawings showing final System Configuration


5. Functional Requirements

5.1 Overview

A. The City intends to purchase and implement an integrated public safety wireless communication System that will provide public safety first responders real time operable and interoperable voice and low speed data Services that support day-to-day, mutual aid, and task force operations. The System must be highly reliable, fault tolerant, spectrally efficient, easily scalable, and meet the operational requirements for public safety first responders.

B. The integrated public safety wireless communication System must consist of an integrated voice and data wireless network, a dispatch network, and a supplemental microwave backhaul network to interconnect the elements of the voice and data systems. The CONTRACTOR must leverage the existing backhaul network links to the greatest degree possible See Appendix D – Existing Microwave Backhaul Information for specific details of the current microwave network.

C. The integrated public safety wireless communication System must support the voice and P25 low speed data communication needs to support OTAR and OTAP throughout the Service Area as defined in section 5.2.4, employing standards based P25 trunked system technology in the 700/800 public safety spectrum. The Service Area must be partitioned into operational areas served by simulcast cells and stand-alone trunked communications sites.

D. Benefits of the new System must include, but not be limited to:

1. Improved quality of wide area radio communications throughout the Service Area

2. Interoperability among all participants in accordance with their level of authorization

3. Interoperability with others using specifically designated interoperability and mutual aid channels as well as specifically designated talkgroups

4. Interconnection of System to other systems to the greatest extent possible by means of open standard and nonproprietary inter/intra-system network interfaces as defined by the P25 specification for subsystem and inter-system communications

5. Maintain and enhance interoperability with adjacent jurisdictions and counties at the System level and at the subscriber level for trunked and conventional operations to the greatest extent possible

E. The radio network must be fault tolerant and PROPOSER must disclose and describe all single points of failure and the impact of a given single point failure on System operation.

F. The City expects the useful life of the System to be 15 to 20 years. Therefore, it is possible to encounter shifts in operating systems as they relate to servers, network management terminals, and dispatch position computers. In the event such changes occur (e.g., Windows XP to Windows Vista, or Windows 7), PROPOSERS must consider mixed operation of such


operating systems throughout the communications network in their Proposals. A change in operating system must not require an upgrade to the entire System.

G. PROPOSERS must propose one complete trunked solution that uses specific communication sites throughout the City as described in Appendix C – System Site List.

H. The System must provide portable and mobile radio coverage throughout the Service Area as described in Section 5.2.4 – Coverage.

I. The City must maintain communications on the existing analog system with limited channels to support legacy users for up to One (1) - year. The CONTRACTOR must work with the City to determine System loading, fleet mapping, and operational areas to determine the most efficient division of available channels between multiple trunked subsystems.

5.2 Integrated Voice and Data Trunked Radio System

5.2.1 Interoperability / Project 25 Statement of Requirements (SoR)

A. The proposed radio System must comply with the latest applicable P25 suite of standards adopted as TIA and/or ANSI documents at the time of Proposal submission. These standards establish technical parameters that allow compatibility and interoperability of digital radio Equipment from different manufacturers.

B. Support for dual mode operation:

1. Initial operation will be P25 Phase 1 to facilitate subscriber radio migration and regional interoperability.

2. All infrastructure must be equipped and implemented to support P25 Phase 1 and Phase 2 operation.

C. The proposed System must support interoperability with conventional (non-trunked) systems to provide a minimum level of interoperable communications between agencies within the Service Area and nationwide public safety radio Users within the region, using the Federal Communications Commission (FCC) designated 800 MHz Interoperability Channels commonly identified as the General Purpose Public Safety Service Interoperability Channels. The FCC allocated Regional Planning Committee (RPC) 35 (Oregon) an additional five 800 MHz channels that may be leveraged to provide conventional interoperability.

5.2.2 Core System Features and Capabilities

A. The proposed radio System must provide the following minimum features and capabilities:

1. High LMR System Availability with a overall System availability objective of greater than 99.99%


2. Fully redundant alternate System core through geographic diversity

3. Encrypted voice communications

4. Over-the-air rekeying (OTAR)

5. Encryption key management system for OTAR

6. Over-the-air programming (OTAP)

7. Real-time System monitoring and logging

8. Backup and restore capabilities for database and site configuration files

9. Text messaging using subscriber radios

10. Call alert/paging function

11. Private call

12. Emergency alarm/alert function

13. Voice prioritization over data

14. User and talkgroup priority levels

15. Out of range indication

16. Computer-Aided Dispatch Interface (CADI)

17. Standards based Console Sub-System Interface (CSSI) to System core

18. P25 Inter-RF Sub-System Interface (ISSI)

19. Geo-location (i.e., Global Positioning System (GPS))

20. Dual mode capable – dynamically support P25 Phase 1 (FDMA) subscriber radios and P25 phase 2 (TDMA) subscriber radios, on all channels at all sites as a non-optional capability

21. Transparent site roaming (automatic intra-system roaming)

22. Radio enable/disable function

23. Remote monitoring (remote radio key-up)

24. Ability to silence radio remotely


25. Interoperability with conventional channel resources

26. Talkgroup scanning – the scanning functionality must not load or stress a system or a collection of sites, affecting grade of service

B. The System must be expandable by adding additional Equipment and/or Software to increase coverage, capacity, or features. Where possible, PROPOSERS must propose Equipment that accommodates easy System expansion by a minimum factor of 20%. For example, if a transmitter combiner requires five ports for the System design, PROPOSERS should propose a six-port combiner for ready expansion.

5.2.3 Site Selection

A. PROPOSERS must provide coverage maps to describe the coverage performance guaranteed by using the sites specified in Appendix C – System Site List. No new tower sites will be made available for this Project. Proposals must utilize the existing sites specified in Appendix C – System Site List.

5.2.4 Coverage

A. The voice radio System design must serve the Service Area as defined in 4.2.4.5, with no reduction in the coverage provided by existing 800 MHz analog system.

B. Coverage design, implementation, and testing for the System must adhere to the Telecommunications Industry Association (TIA) Telecommunications Systems Bulletin (TSB) #88-C, Wireless Communications Systems Performance in Noise-Limited Situations4 (or latest revision).

C. Channel Performance Criteria (CPC) – RF coverage is defined as the digital Bit Error Rate (BER) that provides a minimum Delivered Audio Quality (DAQ) 3.4 audio signal for both outbound (talk-out) and inbound (talk-in) communications.

D. The PROPOSER must provide a detailed coverage analysis study using only the sites provided in Appendix C – System Site List. The System design must consider all target devices listed in Section 5.2.4.5 – TIA TSB-88 – Annex E User Choices.

5.2.4.1 Incident Based Coverage

A. In addition to the coverage requirements described above, an incident based coverage solution is required to provide supplemental temporary coverage for an area where coverage is insufficient or to provide temporary coverage in the event of a failure of some portion of the System. The incident based coverage solution must provide for coverage within the immediate

4 TIA Telecommunications System Bulletin, TSB-88.1-C, January 2008


vicinity of the portable transmitter/receiver location sufficient for a portable radio used outdoor carried ‘on-the-hip’. PROPOSERS must include an incident based solution Proposal and cost to provide a transportable single-channel repeated site for deployment at an incident location. This requirement is a mandatory option that should be priced separately from the base Proposal.

B. The Proposal must include:

1. Equipment description

2. Functional explanation to include features and capabilities that would integrate the solution into the city-wide System if any

3. Packaging / transportation method description

4. Power options and description

5. Antenna mounting options and description

6. Per unit solution cost to include cost of various options

7. PROPOSERS must provide a detailed narrative of the anticipated coverage provided by each solution. The narrative must include examples for practical applications and detail all assumptions and engineering link budget parameters.

5.2.4.2 Coverage Maps

A. PROPOSERS must include a detailed description of the propagation models used and the assumptions made in preparation of the coverage maps. A brief description of the methodology the Software used to calculate coverage must also be included in the Proposal narrative.

B. PROPOSERS must include predicted coverage measurements that account for geographic, population, and coverage on major roads. Please provide proposed percentage of coverage for each category in Table 2 below.

Table 2 – Coverage Statistics

Coverage Statistics

Mobile Coverage

Portable On-Street Coverage

Portable In-Building Coverage

Geographic % % %

Major Roads % % %

Population % % %


C. PROPOSERS must submit both talk-out and talk-in System composite coverage maps for all proposed design configurations. The maps must be clearly labeled and must show System gain calculations for each of the following:

1. Mobile radios mounted in vehicle using roof top unity gain antenna

2. Portable radios outdoors:

i. Talk-out to a portable radio worn at the hip

ii. Talk-in from a portable radio worn at the hip

3. Portable radios used inside a building, simulated by a 12 dB medium building penetration margin:

i. Talk-out to a portable radio worn at the hip

ii. Talk-in from a portable radio worn at the hip

D. Maps must depict coverage using a light transparent color or cross-hatching for those areas that meet or exceed the minimum coverage reliability threshold. Map details such as roadways and boundaries must remain legible.

E. All maps must clearly delineate the difference between areas predicted to be greater than DAQ 3.4 equivalent coverage and areas that do not meet coverage requirements. PROPOSERS must include any areas of simulcast interference as non-covered in all coverage maps (if applicable).

F. Coverage maps must be provided in the Proposal in two formats:

1. 11”x17” (minimum) full color hardcopy format

2. In PDF file format on CD-ROM. The resolution of the PDF must allow for display at 11x17 600 dpi without noticeable artifacts from compression.

5.2.4.3 Map Criteria

A. All maps must include a background layer suitable for the City’s reference (e.g., topographic map, roads, rivers, etc.). Link budgets must be provided, clearly defining the following minimum information, relating to each map and each site:

1. Base station / repeater RF power output

2. Antenna manufacturer and model

3. Antenna gain


4. Antenna down tilt (if applicable)

5. Antenna null fill (if applicable)

6. Transmitter antenna system loss (combiner and line)

7. Transmit Effective Radiated Power (ERP)

8. Receiver sensitivity

9. Receiver antenna system loss or gain (multicoupler, line, and amplifier loss/gain)

10. Antenna height

11. Mobile and portable antenna height for talk-out and talk-in

12. Mobile and portable RF output power

13. The Configuration of field units (for example – talk-out to portable inside 12 dB loss buildings)

14. Simulcast timing parameters (if applicable)

B. PROPOSERS must use 30-meter United States Geologic Survey (USGS), North American Datum (NAD)-83 terrain elevation data for coverage simulations. Alternatively, PROPOSERS may use 3 arc-second data where 30-meter data is not available.

5.2.4.4 Coverage Model

A. PROPOSERS must employ a suitable coverage prediction model using appropriate terrain and land cover data for the environment. The Anderson 2D radio propagation model or a model of equal or superior comprehensiveness is preferred. (Reference TSB 88, latest revision, for guidelines).

5.2.4.5 TIA TSB-88 – Annex E User Choices

Section 5.2.4.5 – TIA TSB-88 – Annex E User Choices provides a number of guidelines and choices for System design and validation. The following are User choices for the proposed City System:

A. E.1 User Choices:

1. 800 MHz trunked system (12.5 kHz / 6.25e kHz channels)

2. P25 compliance

B. E.2 Service Area:


1. The service area is the geographical area of Multnomah County and the operational area covered by the existing 800 MHz analog system.

2. The target device, usage and location are:

i. Mobile radios (35 Watts) mounted in vehicle using roof top 3dB gain antenna

ii. Portable radios (3 Watts) worn on hip with ¼ wave dipole antenna and worn at the hip:

a. Outbound (talk-out) to a portable radio worn at the hip

b. Inbound (talk-in) from a portable radio worn at the hip

iii. This above criterion is applicable to the coverage maps defined in Section 5.2.4.2.

C. E.3 Channel Performance Criterion (CPC): Minimum CPC – BER that provides a minimum DAQ 3.4

D. E.4 Reliability Design Target: The CPC Reliability Design Target is a service area probability of 97%

E. E.5 Terrain Profile Extraction Method: Snap to Grid Method

F. E.6 Interference Calculation Method: Monte Carlo Simulation Method

G. E.7 Metaphors to Describe the Plane of the Service Area: Tiled Method

H. E.8 Required Service Area Reliability: 97%

I. E.9 Willingness to Accept a Lower Area Reliability in Order to Obtain a Frequency: The City is not willing to accept lower area reliability in order to obtain a frequency.

J. E.10 Adjacent Channel Drift Confidence Factor: Confidence that combined drift due to desired and adjacent channel stations will not cause degradation: 95%

K. E.11 Conformance Test Confidence Level: 99%

L. E.12 Sampling Error Allowance:

1. True value error: ±1%

2. Number of subsamples: 50

M. E.13 Pass/Fail Criterion: “Greater Than” test

N. E.14 Treatment of Inaccessible Grids: All inaccessible grids must be eliminated from the calculation.


5.2.5 Site Equipment

A. All site Equipment supplied must be new, of high quality, and designed to provide high-reliability to support mission critical communications. The site Equipment, or RF infrastructure, consists of the following components:

1. Simulcast Equipment

2. Receiver voting

3. Transmitters

4. Receivers

5. Site control Equipment

6. Combiners/multicouplers

7. Antenna systems

5.2.5.1 Simulcast Equipment (if applicable)

A. PROPOSERS must provide all necessary simulcast components and signal processing elements required to optimize voice quality in coverage overlap areas.

B. Non-captured overlap areas with delay spreads in excess of those required to meet the DAQ objective must be minimized inside the service area.

C. Simulcast systems must operate without the need for manual optimization and System/subsystem alignment. All alignment and adjustments must be automated where possible (e.g., signal conditioning adjustments for channel banks, signal launch times at sites, etc.).

5.2.5.2 Receiver Voting

A. Receiver voting Equipment must monitor all receivers in the simulcast system and select the best signal for processing and rebroadcast through the network.

5.2.5.3 Antenna Systems

A. PROPOSERS must propose all antenna System Equipment necessary for a completely functional design.

B. Antennas must meet industry best practices to provide the required coverage and meet applicable FCC rules and regulations.


C. Transmission line type must meet industry best practices to provide the required coverage.

D. Transmit combiner / receiver multicouplers:

1. PROPOSERS must fully describe expansion capacity for combiner and multicoupler systems.

2. PROPOSERS must include detailed specification sheets for all proposed Equipment, including, but not limited to antennas, receiver multicouplers, transmitter combiners, tower top receiver pre-amps (if applicable).

E. Proposed antenna system must meet all specifications used in the development of the coverage diagrams.

F. Proposed antenna system must be installed in and used in a manner compliant with the Equipment manufacturers recommendations.

5.3 Microwave Backhaul Network

This section provides specifications for a microwave network to support the digital P25 radio communications System. The microwave backhaul network must provide Support for the current operational legacy public safety communication systems while laying the foundational technology needed for the next generation digital trunked radio communications system.

A. The microwave backhaul network is a crucial element of the communications System providing the transport backbone necessary to form a complete and functional network. In addition to the trunked radio communications system, the microwave backhaul network serves to interconnect conventional mutual aid channel resources and dispatch centers.

B. Although the current radio system is operating on a TDM backhaul network and requires a TDM interface to continue, the replacement digital radio communications System will require an IP-based environment to facilitate System redundancies, traffic prioritization, dynamic routing, quality of service, efficient use of backhaul network bandwidth, and ease of Configuration compared to the existing TDM architecture. Therefore, the new microwave backhaul network must support the transition to a 100% IP-based environment while supporting systems that require TDM based interfaces.

C. PROPOSERS must determine if existing microwave backhaul links will provide required capacity and reliability. Where existing links may require Upgrades or where new links will be required, PROPOSERS must provide a detailed explanation of the proposed upgrade and the applicable costs on a link-by-link basis. If new links are required, the City prefers implementing IP-based solutions to the highest degree practical. Refer to Appendix D – Existing Microwave Backhaul Information for specific information on the current backhaul system.


5.3.1 Microwave Network Mixed Mode TDM and Packet Transport Network

A. The microwave backhaul network must support existing TDM-based radio systems. Therefore, the proposed microwave links must support both traditional TDM connectivity as well as pure packet-based connections. Proposed links must be native end-to-end packet networks with no intermediate TDM conversion.

B. The microwave network must support a smooth transition from the current TDM-based radio systems to future IP-based radio systems. The proposed microwave backhaul system must be capable of transitioning capacity between the two technologies so that as each legacy radio system transitions to IP, excess TDM capacity can be migrated to IP. The System must support the migration to full IP bandwidth without additional Equipment.

C. The microwave network design must include sufficient backhaul capacity such that all new systems can co-exist with legacy systems for an extended period without compromising performance. This is required for installation, Configuration, testing, Acceptance, and transition periods. Both the new System and old radio system require the ability to operate at full capacity during the transition period.

D. PROPOSERS must indicate the granularity of capacity dedicated to both TDM and packet-based environments as well as the minimum and maximum for both technologies. For example – Is the path configurable with one DS-1 for TDM use and the remainder for packet-based transport?

E. IP-based trunked radio communications systems require specific and predictable performance in bandwidth, packet loss, latency, and jitter.

1. The overall microwave backhaul network must support bandwidth higher than the requirements of the actual bearer (voice and data) traffic. It must support overhead traffic required to manage the System, and run the network itself. PROPOSERS must indicate link-by-link and overall bandwidth capacity of the microwave system. In addition, PROPOSERS must confirm that such bandwidth is sufficient to accommodate all radio and dispatch communications traffic transported by the microwave backhaul network.

2. PROPOSERS must indicate link-by-link and end-to-end packet loss performance of the microwave system. In addition, PROPOSERS must confirm that such performance is sufficient to accommodate all radio and dispatch communications traffic transported by the microwave backhaul network.

3. PROPOSERS must indicate packet latency performance of the microwave system. In addition, PROPOSERS must confirm that such performance is sufficient to accommodate all radio and dispatch communications traffic transported by the microwave backhaul network.


4. PROPOSERS must indicate packet jitter performance of the microwave backhaul network. In addition, PROPOSERS must confirm that such performance is sufficient to accommodate all radio and dispatch communications traffic transported by the microwave backhaul network.

F. The microwave backhaul system must support DS-1, DS-3, and OC-3 interfaces for legacy radio systems and Equipment at each site. Use of existing channel banks is acceptable where appropriate. PROPOSERS must describe the various combinations of ports available and available chassis size available:

1. Although TDM interfaces may be present at the site, the actual transport will be packet based. PROPOSERS must describe the conversion mechanism, conversion rate, and any latency or performance penalties.

G. The microwave backhaul network must support multiple virtual IP networks such that it logically separates traffic on these virtual networks from each other and the traffic on the separate virtual networks cannot intermingle. It must also be capable of the characteristics identified below when managing traffic from multiple networks. PROPOSERS must fully describe the mechanisms for achieving the following capabilities:

1. Guaranteed and dedicated bandwidth

2. Best effort bandwidth

3. Automatic reroute upon a physical path failure

4. The ability to set up predetermined paths through the network

5. Packet “switching” in place of hop-by-hop routing

6. Honor IP class of service marking for various priorities of traffic

7. Allow for overlapping IP addresses in different virtual networks without risk of intermingling traffic

8. Support the ability to provide pseudo wire Services including IP, Asynchronous Transfer Mode (ATM), and Ethernet

5.3.2 Microwave Network Routing

A. The CONTRACTOR must provide routers at each site to support management of IP traffic. The new IP-based environment must support common routing protocols including:

1. Routing Information Protocol (RIP)

2. Interior Gateway Routing Protocol (IGRP)


3. Intermediate System to Intermediate System (IS-IS)

4. Border Gateway Protocol (BGP)

5. Open Shortest Path First (OSPF)

6. Generic Routing Encapsulation (GRE)

B. The microwave backhaul network requires a variety of network interfaces. The proposed end devices (routers) must support the following interface types. PROPOSERS must describe the various combinations of ports for each size chassis manufactured, including:

1. 10/100/1000 Ethernet (RJ45)

2. Small Form-Factor Pluggable (SFP) interfaces

C. Proposed routers must support spanning tree protocol to utilize cross-connected local network switches and/or routers to maintain 100% network Equipment redundancy for all sites.

5.3.3 Microwave Network Quality of Service / Class of Service (QoS/CoS)

A. The microwave backhaul network must support 802.3 Ethernet standards including the following IEEE standards:

1. 802.1p/Q virtual local area network (VLAN) tagging

2. 802.1ag service layer Orthogonal Amplitude Modulation (OAM)

3. 802.3 Ethernet standards where applicable

B. The proposed microwave backhaul network must be capable of supporting multiple Quality of Service (QoS) / Class of Service (CoS) marking techniques including:

1. Layer 2 802.1p/802.1Q (priority code point)

2. Layer 2.5 (tunnel and PWE3)

3. VLAN tagging (802.1Q)

C. Layer 3 Differentiated Services Code Point (DSCP). The proposed microwave backhaul network must honor incoming QoS settings throughout the network and ensure that the IP packet markings remain set when it reaches its destination.

D. QoS techniques must be capable of dropping packets of a lower priority when required or designating traffic of different priorities for different paths through the network. When the received signal on a path drops below predetermined thresholds due to interference, the


proposed network must ensure that the guaranteed traffic gets through. PROPOSERS must describe how the proposed System accomplishes this process.

5.3.4 Microwave Network Reliability

A. There must be no single point of failure within the IP network or TDM. Each site must be capable of having redundant routers that support the monitored hot standby (MHSB) spurs or dual paths for loop-based sites. The failure of one router must not impact the performance of the overall network or of the individual site.

B. The network must reroute network traffic in less than 50-milliseconds (ms) in the case of a path or device failure. PROPOSERS must describe how the proposed System fulfills this requirement.

C. Each microwave link must be designed to meet or exceed a two-way annual availability (BER = 10^-3) of 99.9995% at the required capacity.

D. Each microwave link must be designed to meet or exceed a two-way annual quality performance of 99.999% (BER = 10-6) at the required capacity.

5.3.5 Microwave Network Management

A. The CONTRACTOR must provide a network management system (NMS) with sufficient alarm, control, and tracking capabilities for the proposed microwave network. The System must be capable of remotely monitoring Equipment status and performance from all sites.

1. The NMS must be capable of remotely retrieving at least the part number, serial number, manufacture date, and revision level of each module.

B. The CONTRACTOR must provide at least one network management terminal for the core site and another terminal for an alternate System service site (two total).

C. All devices must support the following management techniques and standards:

1. Command line interface for Configuration, management, and troubleshooting

2. Secure Shell (SSH, SSHv2) and Telnet for remote Configuration and management

3. Remote Authentication Dial-In User Service (RADIUS) authentication Services

4. Terminal Access Controller Access Control System (TACACS) authentication Services

5. Syslog for remote logging

6. Network Time Protocol (NTP) or another time synchronization mechanism


D. Devices must support Simple Network Management Protocol (SNMP v2c, SNMP v3) for remote monitoring via common network management tools. In addition to any proprietary Management Information Base (MIB), it must support the following standard MIBs:

1. RFC 1157 SNMPv1

2. RFC 1907 SNMPv2-MIB

3. RFC 2011 IP-MIB

4. RFC 2012 TCP-MIB

5. RFC 2013 UDP-MIB

6. RFC 2138 RADIUS

7. RFC 2571 SNMP-Framework-MIB

8. RFC 2576 SNMP-COMMUNITYMIB

9. RFC 2665 Ethernet-Like-MIB

10. RFC 2863 The Interfaces

11. Group-MIB

12. IANA-ifType-MIB

E. The overall network must have a common end-to-end management and Configuration tool capable of complete control of all network elements. The tool must be able to support building an end-to-end path without requiring manual Configuration of each intermediate device. Graphical display of resulting Configurations is preferred.

1. Automated Error checking must be included to prevent typical Configuration problems such as oversubscription of a link. The tool must alert the user when such errors occur.

2. The management tool must perform automated backups of all device Configurations and include a change log of all changes made to a device over time.

3. The management tool must support a hierarchical User authorization mechanism allowing assignment of various roles to Users and those Users can act on a specific subset of devices and provide an audit trail of that shows who made the changes.


5.3.6 Microwave Network Terminal Equipment

A. Proposed microwave terminal Equipment must include transmitter, receiver, modem, power supply, automatic switching device, multiplexer, router, service channel(s), and all associated interconnections to provide a complete and functional System.

B. The proposed microwave transmitter and receiver must deliver two-frequency, full-duplex operation. Space diversity configurations are acceptable if necessary to meet reliability requirements.

C. Frequency:

1. The CONTRACTOR must be responsible for all microwave frequency research, prior coordination and preparation of all associated FCC license applications and submittals on behalf of the City.

2. The City must be responsible for coordination and FCC licensing fees, if any, and execution, if applicable.

3. PROPOSERS must propose the most appropriate licensed frequency band for each hop based on the requirements and FCC Part 101 regulations.

D. Transmitter:

1. PROPOSERS must provide transmit output power referenced to the antenna port.

2. Transmit output power must be Software adjustable.

3. Automatic Transmit Power Control (ATPC) must be available.

4. A switch from main transmitter to standby transmitter must not result in an interruption of service. PROPOSERS must describe expected switchover time.

5. Radios must be equipped with redundant power amplifiers. Switching between power amplifiers must not result in an interruption of service.

E. Receiver:

1. PROPOSERS must provide guaranteed receiver threshold.

iii. BER = 10^-3

iv. BER = 10^-6

2. The receiver design must ensure that the receiver with the better performance is operational at any given moment. The CONTRACTOR must equip radios with a 10:1 split to prevent frequent switching.


3. Transfer to the backup receiver must not result in an interruption of service. (hitless switch).

F. Antenna system:

1. Microwave antennas must be compatible with the RF bands and conform to applicable FCC requirements. Solid parabolic type, Category-A antennas must be used in accordance with FCC Part 101.115.

2. The City only has one site that uses waveguide. The preference is to avoid the use of waveguide if possible. Where waveguide is proposed, the CONTRACTOR must use pressurized elliptical waveguides. Connectors must be standard, premium type, and compatible with the antenna and radio EIA interfaces.

3. The CONTRACTOR must supply all mounting brackets, connectors and other hardware necessary for a complete installation.

4. If applicable, the CONTRACTOR must provide an automatic dehydrator / pressurization system to maintain at least five per square inch gauge (psig) positive pressure of conditioned air in the elliptical waveguide and antenna feed unit. The CONTRACTOR must provide individual pressure gauges on a distribution manifold for each line.

5. Where applicable, the CONTRACTOR lines must purge, pressure test (one hour lead down) installed antenna / transmission.

6. Were applicable the CONTRACTOR must test for low Voltage Standing Wave Ratio (VSWR) using return loss measurements on all installed antennas / Transmission line Equipment. VSWR must be expressed as return loss and must be greater than 21dB across the pass band.

7. The CONTRACTOR must test all RF paths to demonstrate proper antenna installation and alignment by measuring the Thermal Fade Margin (TFM) as determined by fading the receiver (inserting losses using calibrated RF attenuators at the Equipment rack interface), to prove performance meeting design specifications within ±1dB of the calculated TFM for new proposed RF paths. The CONTRACTOR must test all paths for External Interference Fade Margin (EIFM) to demonstrate that each channel assignment is free of external interference.

8. The CONTRACTOR must test the External Interference Fade Margin (EIFM) of each new path to demonstrate that each channel assignment is free of external interference as determined by fading the distant end transmitter (inserting losses using calibrated RF attenuators at the Equipment rack interface), to prove performance within ±1dB of the measured TFM

G. Channel bank:


1. The CONTRACTOR must provide digital channel bank Equipment if required. Channel bank Equipment must be capable of drop and insert of individual radio circuits (DS-0s) to fully utilize DS-1s across the entire network.

2. If necessary, The CONTRACTOR must provide multiplex Equipment (M13 mux) to convert DS-3 signals to 28 DS-1 signals. M13 multiplex Equipment must be capable of drop and insert of individual DS-1s to fully utilize a DS-3 across the entire network.

3. All multiplex Equipment must be equipped with standby switching and alarms. The Equipment must also be capable of remote alarm/control and Configuration.

4. Equipment must be fully redundant and capable of automatic switching to eliminate System single point failure.

H. Network management:

1. PROPOSERS must fully describe alarm, monitor, and control capabilities of the microwave terminal Equipment, including capacity for external alarms (e.g., door alarms, generator, etc.).

2. The CONTRACTOR must provide a network management terminal at a core site location with remote access capabilities based on City security requirements.

5.3.7 Microwave Network Engineering

A. The CONTRACTOR must conduct physical path surveys to assure that all proposed paths meet proper clearance criteria.

B. The CONTRACTOR must also conduct site visits at all sites and notify the City of any site modifications necessary for the microwave hop.

C. The CONTRACTOR must provide antenna centerline mounting height recommendations, based upon the information gathered during the physical path surveys and site visits.

D. PROPOSERS must include fade margin calculations with the Proposal, showing the preliminary antenna sizes, System gains, and System losses.

E. PROPOSERS must provide radomes in their Proposals as a requirement for each microwave antenna. Cost savings for deleting radomes must be provided as an OPTION on a per antenna basis.

F. The proposed microwave backhaul network Equipment must be type accepted for licensing under Part 101 of the FCC Rules and Regulations.


5.3.8 Microwave Network Transition Requirements

A. Implementation of the proposed microwave network Equipment must preclude major disruption to the operations of the current microwave network or the Services it supports. Removal of individual spur sites for limited periods may be permissible. Individual hops within loops may be broken for limited periods of time, but not the loop as a whole. The CONTRACTOR must plan well in advance for any service outage required for the installation of proposed microwave Equipment and then only with City approval and in coordination with the City.

5.4 Optical Fiber Network

A. The City owns and operates an extensive optical fiber network throughout the Portland metropolitan area. For sites that are not accessible through microwave or limited to monitored hot-standby spurs, RESPONDERS should consider the use of the City’s optical fiber network in their design.

B. All circuits utilizing City owned fiber will have to comply with City network security and access requirements.

5.5 Dispatch Console System

5.5.1 Dispatch Console System General Requirements

A. The dispatch console system is a critical link for public safety personnel. The dispatch console system must support dispatch operations for the current dispatch centers and local PSAPs listed in Appendix F – Existing and Planned Dispatch Centers and support the following requirements:

1. The dispatch console system must support connectivity to at least three PSAPs and nine remote locations within the service area.

2. The dispatch console system must support connectivity to local and remote dispatch consoles.

3. The dispatch console system must be scalable supporting -up to forty (40) operator positions per dispatch center.

B. The dispatch console system must be capable of P25 call processing and P25 group and individual addressing modes, including but not limited to the following:

1. P25 Console Subsystem Interface (CSSI) specification (TIA-102 suite, a component of the P25 ISSI).

2. At least one unique trunked identity assigned to an operator position.


3. An operator position must support the capability to affiliate with any valid trunked talkgroup configured for use.

4. An operator position must have the capability to affiliate with multiple valid trunked talkgroups simultaneously.

C. The dispatch console system must support processing of supplementary data messaging to and from field radio units (e.g., text and status indication).

D. The dispatch console system must provide digital and analog (4-wire and E&M) interfaces to support dispatch console connectivity to the proposed trunked radio network and legacy radio resources via telco lines, microwave, or optical fiber.

E. The dispatch console system must support dispatch consoles indirectly connected to the trunked radio network via control stations given the following considerations:

1. The dispatch console system must employ a P25 compatible radio unit to allow voice and data operations with other trunked radio Users.

2. The control station must have a unique User identity in the trunked radio network user addressing space to identify the dispatcher, and ascribe special attributes (e.g., priority, service authorization) to this User.

3. The control station must be affiliated with a specific radio site in the trunked radio network and operate in a similar manner to other typical subscriber radio Users.

4. The control station must have the ability to augment voice dispatch operations with ancillary data messaging (e.g., text and status indication) to and from the dispatched field units.

F. PROPOSERS must provide a backup solution for dispatch consoles that maintains dispatch operations in the event of a dispatch system failure.

1. The backup solution must not be dependent on the primary dispatch console system for operations.

2. The backup solution must allow Users to change channels/talkgroup at dispatch positions without affecting other dispatch positions.

3. The backup solution must be capable of operation in 700/800 MHz trunking and VHF and 700/800 MHz conventional modes.

4. The backup solution must have the capability of initiating a private radio call.

5. The backup solution must be capable of operating with or without a 6-wire headset.


5.5.2 Dispatch Console System Operator Equipment Requirements

A. The CONTRACTOR must provide dispatch console system operator Equipment that meets or exceeds the following requirements:

1. All Equipment supplied for use by the dispatch operators will be capable of withstanding the rigorous 24 hours a day, 7 days a week environment of dispatch centers of equal or greater, size, call load, and frequency load activity.

2. Equipment must be designed for installation on modular workstation furniture and provide operators with an ergonomic design permitting ease of operation over extended periods, typically 8-12 hours for each operator.

3. Console monitors must be 19 inches, LCD technology, touch screen-equipped, and with resolution of 1280 x 1024 or better.

4. Console monitors must be capable of displaying all dispatching functions on a single unit.

5. Console monitors must allow authorized personnel to determine which functions are available at each operator position.

6. Console monitors must provide an individual unit ID and text alias readout for calling units and a stacking display to reflect the last ten unit calls for the visible channels/talkgroups.

7. Keyboards must be a standard 101- key keyboard.

8. Operators must be able to perform console functions by positioning a screen pointer (cursor) over the appropriate icon and selecting, such as by pressing the mouse button or by touching the monitor screen.

9. Each operator position must have connections that will support a variety of microphones and headsets. The PROPOSER must provide a variety of compatible high quality microphones and headsets as OPTIONS.

10. Headset jacks and headsets provided must allow the operator to hear select audio via a headset and allow the operator to respond via a microphone attached to the headset. The headset plug inserted into the jack must automatically disconnect the console’s dedicated microphone and mute the select speakers.

11. Dual headset jacks must be provided at each operator position

12. Each operator position must have a heavy-duty footswitch to allow operators to key the selected channel hands free.


13. Personal Computers (PCs) supplied must be capable of providing a Graphical User Interface (GUI) using the Microsoft® Windows® 7 or newer operating system and support multiple Microsoft compliant applications. PC hardware must be compatible with and approved for use with the most recent version of Microsoft® Windows® released.

14. Each operator position must interconnect to the dispatch console system via local area network (LAN) client-server architecture.

15. PCs supplied must be present state of the art PC technology and a current version from their manufacturer.

16. Equipment must enable operators to acoustically cross-mute channels in order to eliminate acoustic feedback between operators.

17. Equipment must be capable of RF cross-muting to prevent interference between transmitters and receivers.

18. Consoles must be capable of transmitting at least three distinctive alert tones (steady, warbling, pulsed) indicating to field units the priority or type of dispatch to follow.

19. Operators must have the capability to initiate and cancel a channel marker tone to signify to new or late arrivals to a channel or talkgroup that priority traffic is present.

20. Upon activation of an emergency alarm by field units, dispatch console system operator positions must provide an audible alert, display unit ID of calling unit, provide a visual alert of an emergency activation, and have the ability to acknowledge the emergency alarm.

21. The unit ID and alias for an unacknowledged emergency alarm must not scroll from the unit ID display.

22. Equipment must have the ability to decrypt and encrypt secure voice communications and a distinctive icon must signify encrypted channels.

23. Operators must have the ability to utilize six wire headset (wired and wireless) and stationary dedicated microphone for transmitting audio.

24. Operators must have a single headset enabling them to converse on the telephone or radio system.

25. The dispatch console system must provide an instant recall recording capability for each operator position. It must provide an interface to provide connection to the console operators’ microphone/telephone audio and the selected radio channel receiver and telephone audio. Playback must be available on the operator position for a minimum of 20 minutes of inbound audio playback.


26. Dispatch console system must include an instant transmit switch for each conventional channel base station, or trunked talkgroup.

27. On conventional resources capable of operating on multiple frequencies / modes, a control / indicator must be provided to select the desired transmit frequency / mode (select channel). The select channel function must cause the associated channel to switch channels / modes by emitting an EIA function-tone / guard tone sequence for tone remote controlled stations. Once a channel has been selected, the operator must be able to transmit on this channel by pressing the footswitch or transmit button.

28. A transmit audio level meter must be provided showing the level of transmitted voice. This meter must also indicate the level of receive audio present on the selected channel/talkgroup.

29. Operator positions must have the ability to independently set each channel/talkgroup’s volume level. Minimum audio levels should be capable of being set to avoid missed calls.

30. Operators must have the ability to mute or un-mute audio from unselected channels/talkgroups. The operator’s monitor must indicate muted audio status.

31. Selected audio and unselected audio must be audible from separate speakers.

32. Operators must have the ability to select multiple channels/talkgroups for broadcast to several channels/talkgroups at once.

33. Operators must have the ability to patch two or more conventional resource channels/talkgroups so that users may communicate directly. Operator positions must be equipped such that a minimum of eight simultaneous patches must be available.

5.5.3 Dispatch Console System Operability Requirements

A. The dispatch console must support new features and screen Configurations through Software programming and not reconfiguration of Equipment.

B. The dispatch console must support the capability to program, store, retrieve, and edit multiple, custom operator screens and Configurations for each operator position.

C. Operator display Configurations and alias database must be stored locally or on a centrally located server.

5.5.4 Dispatch Console System Voice Logger Output

A. The CONTRACTOR must provide a dispatch console system voice logger output interface that meets the following requirements:


1. The outputs from the console Equipment must be capable of being directly connected or interfaced without degradation in quality to the City’s Cassidian PYXIS 5.0 and Verint Audiolog voice logging Products and must be terminated as required.

2. Interfaces required to connect the dispatch console system to the City’s PYXIS 5.0 and Verint Audiolog voice logging Products must be provided.

3. Analog and digital logging recorder outputs must be provided as required for each dispatched conventional channel or trunked radio system talkgroup as well as mixed selected receive audio and the operator’s transmit audio.

4. Supports the ability to output audio to multiple recording locations

B. The PROPOSER may propose a replacement of the existing logging recorder equipment as an option.

5.6 Network Management System (NMS) Integration

A. The CONTRACTOR must provide a hierarchical NMS capable of incorporating multiple management systems into a high-level management system that provides a single-point to manage multiple subsystems.

B. The CONTRACTOR must work with the City to ensure proper Equipment configuration to enable monitoring by the NMS. The System management Software Configuration must be able to send all traps, alarms, and notifications to the integrated NMS.

C. The NMS must display System status and alarm conditions and must provide the ability to remotely access the System to check the operational status and view alarms through the network. This includes the ability to:

1. Monitor the health of all networked devices

2. Remotely interrogate Equipment and troubleshooting to board level failures

3. Configure components remotely

4. Routinely backup remote Equipment Configuration

5. Remotely restore Equipment Configuration

6. Push updates to remote Equipment

7. Generate System statistical reports

8. Provide paging function based on multiple levels of fault configurations


D. Network management of a trunked radio network includes:

1. Maintaining network components

2. Upgrading network components when necessary

3. Managing encryption capabilities

4. Managing and operating over-the-air features

5. Optimizing performance

6. Managing intersystem interoperability

E. The NMS must provide seamless multi-agency network sharing with independent management of subscribers, thereby enabling seamless operation and local autonomy for local User management. Areas of management include talkgroup population, User access privileges, security assignments, failure reports, usage reports, performance reports, etc.

F. Key elements of the NMS are:

1. Local administration database

2. Real time airtime usage

3. Real-time monitoring of network element status

4. Hierarchical updates on error conditions

5. Real-time status of network usage

6. Real-time alarm management (provides easy and intuitive Maintenance)

7. SNMP support allowing interfaces with higher-level network management systems

5.7 Inventory Management System

A. PROPOSERS must provide a consolidated inventory management system that employs asset tracking, billing, and report generation. The Inventory management system must provide the ability to be hosted on the City’s network and have sufficient flexibility to be modified by the City to meet its’ specific needs. Key inventory management system attributes must include:

1. Inventory management of infrastructure and User Equipment:

i. Site Equipment inventories

ii. Site maintenance (generator refueling, facility checks, etc.)


2. Expandable fields to track all aspects of User Equipment:

i. Configuration (active features and functions)

ii. Programming (specific User radio template)

iii. Radio history (keep log of all actions performed on radio)

iv. Reports (standard reports and the ability for the City to create custom reports)

3. Trouble ticket:

i. Initiation

ii. Tracking

iii. Resolution log

4. Fleet mapping

5. Billable and non-billable users

6. Create monthly billing reports

7. Support multiple agencies


6. Training

A. The CONTRACTOR must develop and conduct training programs to allow user-agency personnel to become knowledgeable with the System, subsystems, and individual Equipment.

B. The CONTRACTOR must provide complete and comprehensive operational training covering features, operation, and special care associated with the Equipment supplied.

Radio Console training must be provided specifically for the for dispatch personnel. Several agencies and city bureaus have consoles and will require training. The number of personnel to be trained is indicated in Appendix H.

Please note that the Portland Bureau of Emergency Communications personnel will not be available for training between May 15 and October 15 due to increased workloads during this time frame.

C. The CONTRACTOR must provide technical/system management training on-site or off-site within the continental United States, including:

1. Complete and comprehensive technical training in the theory, maintenance, and repair of all Equipment provided.

2. This training must include, as a minimum, system theory, troubleshooting, repair, and servicing techniques as applicable to the selected System.

3. Technical training must include the following categories:

i. Infrastructure Maintenance and troubleshooting

ii. Microwave backhaul network Maintenance, and troubleshooting

4. The CONTRACTOR must provide complete and comprehensive technical training for City technical staff charged with managing the System. This training must include, but is not limited to:

i. Planning and setting up the System and network

ii. Building and implementing system and network profiles and Configurations

iii. Performing database management functions

iv. Monitoring and managing the System’s performance

v. Writing and printing system reports

5. System management training must include the following categories:


i. Radio programming

ii. Microwave backhaul network management

D. Respondents must recommend and provide cost for training the staff as defined in Appendix H, Staff training requirement.

E. PROPOSERS must fully describe all proposed training programs detailing how they intend to provide training. The training description must include the following:

1. A list of all subjects with a description of each

2. Description of class material, with actual class material to be provided by the CONTRACTOR

3. Proposed number of classes

4. Proposed class duration

5. Need for recurring training

6. Recommended class size

7. Cost per class or per-student

F. The CONTRACTOR must conduct all training at a location where duplication of System operation will not affect daily operations. The CONTRACTOR must coordinate with the City regarding number of attendees, schedule, and training location.

G. The CONTRACTOR must schedule classes as near to System migration/transition as possible.

H. The CONTRACTOR must train the City employees and designated individuals.

I. The CONTRACTOR must provide all instructional material, including printed manuals, audio, video, interactive self-paced personal computer programs, and complete Equipment operating instructions for all technical and operational training classes for the exact model and series of Equipment delivered. All instructional material is subject to the approval of the City and will become property of the City.


7. Warranty, Maintenance, and Support

7.1 Warranty

A. The proposed communications System must have an initial Warranty period of three years. The Warranty period must commence upon Final Acceptance as defined in Section 8.9 – System Acceptance.

B. The CONTRACTOR must Warranty System performance and all Equipment, parts, and materials, including all installation, adjustment, alignment and any related return and delivery fees.

C. The CONTRACTOR must provide a single toll-free telephone number that answers 24 hours a day, seven days a week, 365 days a year, for service requests and Warranty claims.

D. The CONTRACTOR must provide System Warranty Maintenance 24 hours a day with no additional charges for work on critical infrastructure.

E. PROPOSERS must state in their Proposals the name, address, and capabilities of the service station(s) providing Warranty service.

F. CONTRACTOR must have the capability of VPN entry into the System for diagnostics and repair as needed.

G. The CONTRACTOR must adhere to the following procedures during the System Warranty period:

1. Indicate to the City in writing the cause of the service outage, the resolution, and all post-repair testing procedures to ensure proper operation. In the event the Contractor receives authorization to use City owned spares or repair parts, the Contractor must legibly record the model and serial number of the failed items and the City owned spares or replacement parts used during service on a repair ticket provided to the City. If this occurs, the Contractor bears full responsibility for making the City inventory whole within ten business days.

If the inventory replacement involves the return of a component, assembly or board to a manufacturer repair facility, the Contractor will manage and oversee the process and perform the steps required to return the board to the repair center. Upon receipt of the repaired item, the Contractor will contact the City to arrange for a mutually agreeable time to return the repaired item to service at its original location to confirm the board is operating according to specifications. The Contractor must then return the City owned spare or replacement part to the City’s inventory.

Under no circumstances must the Contractor avail themselves to City owned parts or spares to repair non-City Equipment without the consent of the City


2. Equipment/Hardware:

i. The CONTRACTOR must institute a comprehensive tracking system for all Equipment needing factory or depot repairs to track units to and from the factory/depot.

ii. Replacement Equipment/parts must be equal in quality and ratings as the original parts.

iii. The CONTRACTOR must complete fixed Equipment mail-in board repair and back in the sender’s possession within seven business days.

iv. The CONTRACTOR must replace any Equipment part that fails three or more times in a similar manner prior to the end of Warranty with a part of equivalent quality and condition. The CONTRACTOR must meet with the City to discuss, explain, and document such failures. If, in the opinion of the City, these failures indicate that the Equipment is potentially prone to continuing failures, the CONTRACTOR will replace the Equipment with new or upgraded Equipment at no cost to the City.

v. Any Equipment part model (all parts of the same part number or model type) that has five or more similar failures prior to the end of Warranty the CONTRACTOR must meet with the City to discuss, explain, and document such failures. If, in the opinion of the City, these failures indicate that the Equipment is potentially prone to continuing failures, the CONTRACTOR must replace all similar model parts with revised or upgraded parts at no cost to the City.

3. Software:

i. The CONTRACTOR must Warranty all Software and firmware associated with Equipment features, functions, and capacity as required by this RFP and according to the City’s Contract with the CONTRACTOR.

ii. During the installation and Warranty periods, the CONTRACTOR must provide, at no additional cost, commercially available Upgrades to all Software and firmware sold to the City as part of the section installation. The frequency and timing of installation of Upgrades during this period will be at the sole discretion of the City based on availability.

iii. These requirements apply only to Software Upgrades by the CONTRACTOR that are:

a. Patches for defective Software

b. New releases that are corrective revisions for earlier versions


c. New releases for no-cost Software Enhancements to earlier releases

iv. The CONTRACTOR must make every effort to separate corrective revisions from Software Enhancements. If the CONTRACTOR is unable to do so, and new releases are necessary to correct problem(s), then the CONTRACTOR must provide the entire release (including enhancements) to the City at no additional expense.

v. The CONTRACTOR must also provide all Documentation including backup media and revised Software manuals to the City at no extra cost at the time of any Software revisions.

vi. The CONTRACTOR must bring Software releases for all devices to the then current release level within 30 days of the conclusion of the Warranty period.

4. The service facility must provide prompt repair service, with service personnel arriving onsite within two-hours after a service request by the City and returning the System to service within four-hours after a service request by the City.

5. If fixed Equipment or a fixed Equipment module fails more than twice during the Acceptance Test or twice during the first year, the CONTRACTOR must meet with the City to discuss, explain, and document such failures. If, in the opinion of the City, these failures indicate that the Equipment is potentially prone to continuing Errors/failures, the CONTRACTOR must replace it at no cost to the City.

6. The CONTRACTOR, at no cost to the City, must correct latent design defects or recurring problems relating to Software, Equipment, or overall System design, during the Warranty period.

7.2 Extended Warranty

A. As an OPTION, PROPOSERS must propose an extended Warranty for years four through ten after Final System Acceptance, renewable on an annual basis.

B. PROPOSERS must fully describe the terms and conditions of the extended Warranty in their Proposals. If the terms and conditions of the extended Warranty are different from the original Warranty terms and conditions, the PROPOSER must provide a written full disclosure of the differences in an easy to understand format.

7.3 Maintenance

The CONTRACTOR must maintain and repair all systems, Equipment, and Software throughout the implementation/migration and Warranty periods. The City reserves the right to have technical staff onsite to witness, and if desired, assist in the Maintenance and troubleshooting procedures. This


does not relieve the CONTRACTOR from Warranty and Maintenance responsibility as defined in this RFP and Contract.

7.3.1 General Requirements:

A. The approach to Maintenance of this System must be one of preventive Maintenance.

B. PROPOSERS must specify comprehensive Maintenance Services for the proposed Equipment and System.

C. PROPOSERS must provide a list of Maintenance plans available. PROPOSERS should base plans on the quantities of Equipment included in the proposed System. Plans should have options for one, two, or three years. These plans must include:

1. Fixed Equipment onsite service;

i. 2-hour response time

ii. 4-hour response time

iii. 8-hour response time

iv. Next day response time

v. Fulltime onsite technician

2. Fixed Equipment mail-in board repair;

vi. Normal response - 7 day

vii. Emergency response - Next day

3. All fixed Equipment maintenance plans must provide 24-hour system Support where Users can dial one toll free number to report problems and/or receive technical Support.

4. Additionally for fixed onsite Maintenance, the CONTRACTOR’s staff will then dispatch the proper technician in the prescribed response time to resolve the problem, if the CONTRACTOR is unable to resolve the problem through remote Maintenance or telephone consultation.

7.3.2 Maintenance Standards

A. Replacement parts used in repairs must be new in quality and appearance, equal to or better in ratings than the original parts.

B. The CONTRACTOR must maintain Equipment and clean oil, dust, and other foreign substances on a routine basis.


C. The CONTRACTOR must maintain Equipment and System performance at the level initially described in these Equipment and systems specifications. The service organization must maintain records to confirm completion at intervals defined by the City.

D. The CONTRACTOR must provide only factory trained and authorized maintenance personnel.

E. If fixed Equipment or a fixed Equipment module fails more than twice during the acceptance test or twice during the first year, the CONTRACTOR must meet with the City to discuss, explain, and document such failures. If, in the opinion of the City, these failures indicate that the Equipment is potentially prone to continuing failures, the CONTRACTOR must replace it at no cost to the City.

7.4 Parts Availability

A. The City expects the useful life of the System to be 15-20 years. It is not acceptable to recommend Products near the end of their respective lifecycles. PROPOSERS should state where in the Product lifecycle each proposed component is and should commit to Support of that Product for a minimum of ten-years. All Equipment should be of a model currently in Production and not planned for discontinuation, in new condition, and covered by a full Manufacturer’s Warranty of not less than 3 years from date of Final Acceptance.

B. From the date of Final Acceptance to the tenth anniversary of the date of Final Acceptance, the CONTRACTOR must maintain replacement parts for all delivered Equipment.

C. In the event the CONTRACTOR plans to discontinue stocking any part required for Maintenance after the seventh anniversary of acceptance, the CONTRACTOR must send written notice to the City 24-months prior to the date of discontinuance to allow for last-time buys and replenishment.

D. The CONTRACTOR must provide year around, 24-hour ordering facilities via telephone, internet, email, and fax service and deliver all Equipment/parts, ordered on a priority basis within 24-hours after placing an order.

7.5 Spare Equipment

A. PROPOSERS must propose to the City as an OPTION, recommended spare parts for the System, subsystems, and individual Equipment.

B. The list of spare parts must include, but is not limited to:

1. Complete station assemblies (base station or mobile relay)

2. Any vendor identified field-replaceable units (FRUs)


3. Any infrastructure component, which does not have FRU sub-components that if were to become inoperative could cause a critical failure. Examples include base station antennas and other non-modular components.

4. Spare antenna with transmission line installed and terminated at lightning suppressor

5. Power supplies

6. Test measurement, calibration and repair kits

7. Diagnostic Equipment to support City Maintenance activities

8. Spares for less critical items must also be enumerated

C. The list must include items that facilitate rapid restoration of critical System functionality with the least amount of effort (e.g., board replacement instead of troubleshooting to the component level when a critical unit has failed).

D. The list must include quantities of spares appropriate to accommodate Equipment quantities in the System.

E. The list must define the primary Equipment category each spare kit supports (e.g., transceiver board for a repeater, interface board for a console, etc).

F. The System engineering design Documentation must include a narrative on the CONTRACTOR’S ability to replace failed Equipment/units from stock and the process and timing to repair, replace, and return failed Equipment/units delivered for repair.

G. System engineering design Documentation must also include the life cycle of Equipment, parts, and other Maintenance Support for the System.


8. System Implementation, Test, and Acceptance

A. The CONTRACTOR must attend weekly Project and construction meetings as defined in Section 4 – Project Management for all Project phases. The City may also schedule additional implementation, acceptance, and test meetings, which the CONTRACTOR is required to attend.

B. The CONTRACTOR must comply with all requirements specified in RFP Section 4 – Project Management.

8.1 Staging

A. Each individual assembly or Equipment unit must undergo factory testing prior to shipment.

B. The CONTRACTOR must submit standard factory test Documentation documenting the tests performed and indicating completion of testing to the City.

C. System staging:

1. The CONTRACTOR must perform complete System staging and testing at a location in the United States. The intent of the staging tests is to demonstrate to the City that the System is ready for shipment and installation. Upon successful System staging and testing the City shall issue a Certificate of Acceptance.

2. The CONTRACTOR must provide all necessary technical personnel, and test Equipment to conduct staging tests. All deviations, anomalies, and test failures must be resolved at the CONTRACTOR’s expense.

3. The CONTRACTOR must use an approved staging acceptance test plan (SATP). The City expects the CONTRACTOR to successfully perform all tests before the City witnesses the official SATP. The CONTRACTOR and City must jointly execute and date the SATP following completion of all tests. All tests in the SATP must be marked as either Accepted, rejected, or conditionally accepted.

4. PROPOSERS must include in their Proposals all costs associated with the involvement of City personnel in the SATP. The CONTRACTOR must be responsible for the City’s travel expenses.

5. The CONTRACTOR must document, correct, and retest all failed components. The CONTRACTOR must replace at its own expense failed components that are not repairable.

6. Retest of individual failed SATP tests, portions of the plan, or the entire plan must be at the City’s discretion.


7. The CONTRACTOR must provide the City with the fully executed and complete SATP document.

8. There must be no deemed acceptance of the SATP.

8.2 Migration/transition Plan

A. The CONTRACTOR must be responsible for planning and coordinating the implementation of all Equipment, subsystems, and the overall System.

B. The CONTRACTOR must execute the migration/transition plan in a manner that ensures that bringing new systems online are done with minimum interruption to all existing systems and communications.

C. PROPOSERS must provide a high-level preliminary migration/transition plan with their Proposal

1. The migration/transition plan must describe how the radio System will be phased over from the current operation to full operation on the proposed System

2. The migration/transition plan must address mutual aid and interoperability with Users of adjacent systems

D. During final design, the CONTRACTOR must deliver a preliminary migration/transition plan describing how the radio System will be phased over into a fully operational System.

1. The CONTRACTOR must successfully complete all tests and training prior to the actual migration/transition of systems.

2. The CONTRACTOR must provide the necessary labor to migration/transition from existing systems to the proposed System.

3. The migration/transition plan must include the schedule and procedures associated with the transition of each operational User group. The plan must specifically address how the existing Users will begin using the new System with minimal operational impact.

4. The migration/transition plan must provide detailed component or subsystem migration/transition plans, and specifically delineate between systems that affect and do not affect ongoing operations.

5. The migration/transition plan must include processes to verify the anticipated impact on ongoing operations. The plan must include contingency plans to address, mitigate and recover from any unforeseen issues negatively affecting ongoing operations.

6. The City reserves the right to approve and change the migration/transition plan as it relates to any or all System components.


8.3 System Installation

A. Installation must include a complete, tested, System to include placement of associated cabling, appropriate system layout and terminal connections. The CONTRACTOR must provide associated power supplies and any other Equipment, adapters and or connections to deliver a complete operable System to the City. .

B. Only factory authorized or CONTRACTOR affiliated service shops must perform installations. The CONTRACTOR may use other shops or installers upon mutual agreement with the City. Qualified, adequately trained personnel familiar with this type of work must perform all installations. Vendors must provide the names of the service shops, a summary of their experience and a list of five references (minimum) for each proposed shop.

C. Prior to the start of the System installation the CONTRACTOR must participate in a mandatory Project site survey with the City or City’s representative to confirm actual Equipment location within each space. At that time, the CONTRACTOR will determine and document the exact Equipment locations.

D. The CONTRACTOR must coordinate with others, as appropriate, to confirm that any preparation work that affects the installation of the base station Equipment, such as tower work, coring, bracing, conduit, electrical, etc., is complete before final inspection.

E. The CONTRACTOR must provide and pay for all materials necessary for the execution and completion of all work. Unless otherwise specified, all materials incorporated into the permanent work must be new and must meet the requirements of this RFP and Technology System Master Contract. All materials furnished and work completed must be subject to inspection by the City or the City’s Engineer or Consultant.

F. The CONTRACTOR must not use Equipment supplied as spares for installation of the proposed System. The CONTRACTOR must supply all spare Equipment in new condition.

G. The CONTRACTOR must clean all Equipment and devices internally and externally and repair all damaged finishes.

H. The CONTRACTOR’S employees must leave sites neat and broom swept upon completion of work each day. Workers must thoroughly clean all Equipment shelter, building and room floors. Workers must remove all scuff marks and abrasions prior to acceptance. Workers must also remove all trash weekly.

I. Inspection:

1. The City will conduct an inspection of the installations upon substantial completion. The City must document any deficiencies on a single punch list and provide the punch list to the CONTRACTOR for resolution.

2. Final Acceptance Testing will not commence until all punch list items are resolved.


8.4 Coverage Testing

A. PROPOSERS must submit a preliminary Coverage Acceptance Test Plan (CATP) with their Proposals.

B. The CONTRACTOR must submit the final CATP during the final design stage of the Project.

C. CATP:

1. The CATP must be consistent with the procedures and guidelines outlined in TSB-88 latest revision.

2. Coverage testing must commence only after the radio System is fully tested and aligned. Significant changes to the System will require retesting of coverage at the City’s discretion.

3. The CONTRACTOR must perform two types of coverage testing:

i. Automated objective mobile drive testing

ii. Non-automated subjective DAQ testing (intelligibility testing) including selected buildings/structures as will be specified by the City.

iii. Automated and intelligibility testing must be complementary and serve to fully verify that coverage requirements are met both technically and operationally.

4. Test configurations:

i. Test configurations for automated and intelligibility testing must represent typical operating configurations to the greatest extent possible, using portable and mobile radio Equipment to be used with the System. Each radio unit used for testing must have all critical parameters (i.e. power output, receive sensitivity) measured and recorded. The specifications must match the published specification for each model radio offered. The CONTRACTOR is required to adjust any radio used for System testing to operate at or below its published specification. Radios that are not adjustable to meet the published specification must be replaced prior to testing.

ii. Automated objective mobile drive testing:

a. The CONTRACTOR must test both the signal level and BER, as applicable, at a statistically significant number of test locations throughout the City utilizing automated test Equipment such as an STI-9400 or equivalent.

b. For testing purposes, the City must be divided into 1/4-square mile grids (½-mile x ½-mile). The CONTRACTOR may subdivide grids if necessary.

c. The CONTRACTOR must not count inaccessible grids as either a pass or fail in the statistical analysis.


iii. Non-automated subjective DAQ testing:

a. The CONTRACTOR must perform non-automated subjective DAQ coverage testing using portable radios typical of the System.

b. The CONTRACTOR must document talk-out and talk-in performance.

c. The CONTRACTOR must provide a standardized test form for testing.

iv. The CONTRACTOR must coordinate with the City to establish pass/fail criteria as well as correlation between the subjective and objective test results.

8.5 30-Day Operational Test

A. The CONTRACTOR must perform a 30-calendar day operational test of the System to ensure that all Equipment and Software defects have been corrected prior to entering Final Acceptance Testing. The tests must demonstrate fully integrated operation of the System, including all individual subsystems. The tests must demonstrate the reliability, long-term stability, and maintainability of the systems. A failure of any critical component of the System during this test will cause the test to restart after the repair is completed. The CONTRACTOR and the City will agree on what constitutes a critical failure prior to commencing this test.

8.6 Final Acceptance Testing

A. PROPOSERS must provide a high-level preliminary Final Acceptance Test Plan (FATP) with their Proposal. The plan must describe how the radio System will be tested to verify complete and proper operation of the proposed System.

B. During final design, the CONTRACTOR must deliver a detailed draft FATP

C. Prior to Final Acceptance testing, the CONTRACTOR must verify and document that all Equipment, and Software to are at the latest factory revision level. Multiple revision levels among similar Equipment are not acceptable. The CONTRACTOR must provide the City with two weeks written notice that the System is ready for Final Acceptance Testing. The CONTRACTOR and the City will agree on the terms of the finalized FATP as part of the design review process.

D. The CONTRACTOR must provide the City with two weeks written notice that the System is ready for Final Acceptance testing.

E. Final Acceptance Test Plan (FATP):

1. The CONTRACTOR must use the finalized and City approved FATP. The City expects the CONTRACTOR to successfully perform the FATP before the City witnesses the official FATP. The CONTRACTOR and City representatives must jointly execute and date the


FATP following completion of all tests. All tests in the FATP must be marked as either Accepted or rejected.

2. The CONTRACTOR must provide all necessary technical personnel, and test Equipment to conduct FATP tests. All deviations, anomalies, Errors and test failures must be resolved at the CONTRACTOR’S expense.

3. The CONTRACTOR must document, correct, and retest all Errors and failed components. The CONTRACTOR must replace at its own expense any failed component that is non-repairable.

4. Retest of individual failed FATP tests or the entire plan must be at the City’s discretion.

5. The CONTRACTOR must provide the City with the fully executed and completed FATP document. Upon successful completion of this step, the City will issue a Certificate of Acceptance.

6. There must be no deemed acceptance of the FATP.

8.7 Decommissioning, Removal and Disposal of Legacy Equipment

A. The CONTRACTOR must remove existing Equipment (e.g., transmitters, consoles, mobiles, cables, antenna systems, etc.) not being reused in the System.

B. If necessary, the CONTRACTOR, at its sole expense, must warehouse removed Equipment pending instructions from the City as to the disposition of the Equipment. The City reserves the right to retain possession of, and proceeds from the disposition of, any or all legacy equipment.

C. The CONTRACTOR must maintain a detailed inventory of the removed Equipment, listing the following at a minimum:

1. The owning agency

2. Model numbers

3. Serial numbers

4. Asset numbers

5. Location removed from

6. Location within the warehouse


D. The CONTRACTOR, at its sole expense, must transport removed Equipment to the City-specified disposal location. The CONTRACTOR is responsible for all costs related to the proper disposal and recycling of Equipment not retained by the City.

8.8 As-Built Documentation

At the completion of the installation phase, the CONTRACTOR must provide complete as-built Documentation as outlined below on a per-site and System-wide basis. The City prefers all System documentation be delivered in electronic format.

A. Equipment provided

B. Plan and elevation drawings of all Equipment including antennas on towers

C. Cabling and terminations

D. Block and level diagrams

E. Programming

F. Setup and alignment information

G. Successfully completed, signed, and dated FATP

8.9 System Acceptance

The City will determine the System ready for Final Acceptance testing following successful completion and approval of the following:

A. Final design submittals

B. Staging Acceptance Test Plan (SATP)

C. System installation

D. Final inspection and punch list resolution

E. As-built Documentation

F. Final Acceptance Test Plan (FATP), including the Coverage Acceptance Test Plan (CATP)

G. 30-day operational test completion

H. Training


9. RFP Terms and Conditions

TERMS AND CONDITIONS

CERTIFICATION AS AN EEO AFFIRMATIVE ACTION EMPLOYER - All PROPOSERS must be certified as Equal Employment Opportunity Affirmative Action Employers as prescribed by Chapter 3.100 of the Code of the City of Portland. The required Documentation must be filed with the Procurement Services, City of Portland, prior to Contract execution. SUSTAINABLE PROCUREMENT - The City has a history of striving to be more sustainable in its operations and planning. Starting with the City’s Sustainable City Principles (1994) the City has established a variety of policies to guide its work on sustainability, including: the Sustainable Procurement Policy, Green Building Policy, Local Action Plan on Global Warming, and the Stormwater Management Manual (to view these and related City policies, go to the Portland Policy Documents Website: http://www.portlandonline.com/auditor/index.cfm?c=26818) As applicable to City procurement, these policies guide the City to buy Products and Services that reduce the City’s negative environmental and social impacts. While specific goals vary, the City’s sustainability objectives tend to focus on: reducing energy use; reducing air, water, and land pollution; building and maintaining high-performance green buildings; reducing the use of materials toxic to the environment and human health; utilizing resources efficiently, including the use of renewable, reusable and recycled materials; utilizing minority-owned, small, and/or local businesses; preserving or enhancing biodiversity; and maintaining fiscal health in the short and long term. As such, the City seeks to do business with PROPOSERS that will actively contribute to the City’s sustainability objectives.

BUSINESS LICENSE AND REGISTRATION – Successful PROPOSERS must obtain a current City of Portland Business License, and must be in compliance with regulations regarding conducting business in the State of Oregon prior to execution of this contract and commencement of the work. ADDENDA - If, in the opinion of the Chief Procurement Officer, additional information or interpretation is needed by the bidders, an addendum will be issued. Any addendum or addenda issued by the Chief Procurement

Officer, that may include changes, corrections, additions, interpretations, clarifications, or information, and issued seventy-two (72) hours or more before the scheduled closing time for filing bids, Saturday, Sunday, and legal holidays not included, must be binding upon the bidder. City must supply copies of such addenda to all PROPOSERS who have obtained copies and are on the plan holder list of the RFP documents for the purpose of responding thereon, but failure of the PROPOSER to receive or obtain such addenda must not excuse the PROPOSER from compliance therewith if awarded the contract. COST OF RESPONDING - This Request for Proposal does not commit the City to pay any costs incurred by any PROPOSER in the submission of a response, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the RFP. LATE PROPOSALS - Proposal responses received after the scheduled closing time for filing will be returned to the PROPOSER unopened. Due to heightened security measures in the Portland Building, PROPOSERS should allow extra time when delivering bids to the Procurement Services. It is the responsibility of the PROPOSER to ensure their Proposal is submitted in the proper form and in accordance with the time, date, and location specified in the RFP. CANCELLATION - The City of Portland reserves the right to modify, revise, or cancel this RFP. Receipt and evaluation of Proposals or the completion of interviews does not obligate the City to award a contract. REJECTION OF PROPOSALS - The City reserves the right to reject any or all responses to the Request for Proposal if found in the City’s best interest to do so. GOVERNING LAW - The provisions of any contract resulting from this RFP must be construed in accordance with the provisions of the laws of the State of Oregon without reference to its conflict of law provisions. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Multnomah County Oregon. All statutory, charter and

PROPOSAL NO. *


ordinance provisions that are applicable to public contracts in the City of Portland and the State of Oregon must be followed with respect to this contract. In connection with its activities under this Contract, Contractor must comply with all applicable federal, state and local laws and regulations including the City's Equal Benefits Ordinance and its administrative rules, all of which are incorporated by this reference. These requirements may be found on the City of Portland’s Procurement Services website: http://www.portlandonline.com/omf/index.cfm?c=27353&.

Failure to comply with the Ordinance permits the City to impose sanctions or require remedial actions as stated in Section 13.1 of the rules. All statutory, charter and ordinance provisions applicable to public contracts in the City of Portland and the State of Oregon must be followed with respect to this Contract. The following additional conditions apply to this solicitation and any resultant purchase order or contract: AMERICANS WITH DISABILITIES ACT COMPLIANCE – PROPOSERS agree that if awarded a contract, the CONTRACTOR will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. If any PROPOSER requires special assistance or auxiliary aids during the Proposal, evaluation or award process, please notify the Procurement Services, (503) 823-6855, or TDD (503) 823-6868, at least two (2) business days prior to the required assistance. SPECIAL CONDITIONS – Where special conditions are written in the Request for Proposal, these special conditions must take precedence over any conditions listed under these Proposal Terms and Conditions. PUBLIC RECORDS - Any information provided to the City pursuant to this RFP becomes public record and subject to public disclosure pursuant to Oregon public records laws ORS 192.410 to 192.505 and P.C.C. 5.33.470. The general requirement for public disclosure is subject to a number of exemptions. When preparing a Proposal submission, a PROPOSER must plainly mark each page containing information deemed by the PROPOSER to remain exempt from public disclosure after Proposals have been evaluated (e.g., pages containing trade secret, economic development information, etc.). A summary of the redactions must be placed with the redacted version of the Proposal response.

The fact that a PROPOSER marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. Any portion of a Proposal that the PROPOSER claims as exempt from disclosure must meet the requirements of ORS

192.501and ORS 192.502, and/or ORS 646.461 et seq . The City will make an independent determination

regarding exemptions applicable to information that has been properly marked and redacted. Information that has not been properly marked and redacted may be disclosed in response to a public records request. When exempt information is mixed with nonexempt information, the nonexempt information must be disclosed. Unless expressly provided otherwise in this RFP or in a separate communication, the City does not agree to withhold from public disclosure any information submitted in confidence by a PROPOSER unless the information is otherwise exempt under Oregon or federal law. If the City refuses to release the records, the PROPOSER agrees to provide information sufficient to sustain its position to the District Attorney of Multnomah County, who currently considers such appeals. If the District Attorney orders that the records be disclosed, the City will notify the PROPOSER in order for the PROPOSER to take all appropriate legal action. The PROPOSER further agrees to hold harmless, defend, and indemnify the City for all costs, expenses, and attorney fees that may be imposed on the City as a result of appealing any decision regarding the PROPOSER’S records. ORAL INSTRUCTIONS - Oral instructions or information concerning the RFP documents or the Project given out by officers, employees, or agents of the City to respondents shall not bind the City. Any changes or revisions to the specifications must be binding only if issued in writing by the City by addendum. The City reserves the right to officially amend or cancel an RFP after issuance. TAXES - Taxes, whether State or Federal, must not be included in the offered prices. A tax exemption certificate will be provided by the City upon request. SYSTEM TESTING – Operational testing by the City is not considered “beneficial use” of the System.

City of Portland, Oregon RFP for Public Safety Voice Radio Communications System


Glossary of Acronyms

Term Definition Agency Term that applies generically to any local, state, federal

entity or organization, such as; a department, division, city/town, or bureau. Includes: government, quasi-government and private groups.

ANS American National Standard ANSI American National Standards Institute APCO Association of Public-Safety Communications Officials

International ASTM American Society of Testing Materials ATM Asynchronous Transfer Mode ATP Acceptance Test Plan ATPC Automatic Transmit Power Control B Byte Backhaul The transporting of radio communications traffic between

distributed sites (typically access points) and more centralized points of presence.

Bandwidth (BW) The capacity of a channel to carry signals. The amount of spectrum required to transmit a signal without distortion or loss of information.

BER Bit Error Rate – A measure of the number of errors in received transmissions when compared to the original transmission, frequently expressed as a percentage.

BGP Border Gateway Protocol bit Binary digit BOM Bill of Materials bps Bits per Second BR Bit rate CADI Computer-Aided Dispatch Interface CATP Coverage Acceptance Test Plan Channel The route through which a message is sent. A connection

between initiating and terminating nodes of a circuit. A single path provided by a transmission medium via an electrical separation, such as by frequency or frequency pairs.

City City of Portland, Oregon Communications Information transfer among or between users. In public

safety communications, the ability of public safety agencies to talk across agencies.

Connectivity The complete path between two terminals.



Term Definition Conventional A radio system with dedicated, single-purpose channels

(can be shared between several users with different operational needs; e.g., fire and police). A user must select the specific channel to be used.

COS Class of Service Coverage The geographic area included within the range of a

wireless radio system. CPC Channel Performance Criterion CSSI Console Subsystem Interface DAQ Delivered Audio Quality dB Decibel dBm Decibel referenced to one milliwatt. (zero dBm) dBw Decibel referenced to one watt. Zero dBw equals one

watt. Digital Radio transmission method that replaces analog systems

and transmits its signal in binary 1's and 0's the same as a computer. One major difference is that digital signals do not degrade gradually the way analog does as the distance between the transmitter and receiver increases.

DS-0 A basic digital signaling rate of 64 kbit/s, corresponding to the capacity of one voice-frequency-equivalent channel. The DS-0 rate, and its equivalents E-0 and J-0, form the basis for the digital multiplex transmission hierarchy in telecommunications systems used in North America.

DSCP Differentiated Services Code Point EIA Electronic Industries Alliance (publisher of standards) EIFM External Interference Fade Margin Encryption The reversible transformation of data from the original

(plain text) format to a difficult to interpret format as a mechanism for protecting its confidentiality, integrity and sometimes its authenticity. Encryption uses an encryption algorithm and one or more encryption keys.

ERP Effective Radiated Power FAA Federal Aviation Administration FAT Final Acceptance Test FATP Final Acceptance Test Plan FCC Federal Communications Commission FDMA Frequency Division Multiple Access Frequency The number of cycles or events of a periodic process in a

unit of time.



Term Definition Frequency Bands The spectrum of transmission space where mobile radio

systems operate in the United States. They are (from low to high): High HF 25-29.99 MHz Low VHF 30-50 MHz High VHF 150-174 MHz Low UHF 450-470 MHz UHF TV Sharing 470-512 MHz 700 MHz 764-776 & 7940806 MHz 800 MHz 806-869 MHz 2.4 GHz 4.9 GHz

FRU Field-Replaceable Unit GAAP Generally Accepted Accounting Principles GPS Global Positioning System, a U.S. satellite system that

lets persons or systems determine their position with extreme accuracy using GPS receivers.

GRE Generic Routing Encapsulation GUI Graphical User Interface Hz Hertz (same as cycles per second) ID Identification IEEE Institute of Electrical and Electronic Engineers IGRP Interior Gateway Routing Protocol IM Intermodulation Infrastructure Dedicated telecommunications networks; the Equipment,

and Software needed to complete and maintain a public safety communications system

Interference Extraneous energy, from natural or man-made sources, that impedes the reception of desired RF signals.

Interoperability The ability of diverse systems and organizations to work together (inter-operate). In public safety, the ability of personnel to exchange voice and data communications with staff from other agencies, on demand and in real time.

IP Internet Protocol IS-IS Intermediate System to Intermediate System ISSI P25 Inter-RF Subsystem Interface kHz kilo Hertz (1000 Hertz) kW Kilowatts LAN Local Area Network LMR Land Mobile Radio Mbps Mega bit per second (1 million bits per second) MHSB Monitored hot standby



Term Definition MHz Megahertz (1,000,000 Hz) MIB Management Information Base Modem An acronym for modulator/demodulator, which is a device

that translates digital signals coming from a computer into analog signals that can be transmitted over standard telephone lines. The modem also translates the analog signals back into digital signals that a computer can understand.

MPE Maximum Permissible Exposure ms Millisecond MTBF Mean Time Between Failures MW Megawatt NAD North American Datum Narrowband In LMR systems, the FCC has mandated the reduction of

channel bandwidths from 25 kHz to 12.5 kHz, doubling the number of available channels. All systems operating on 25 kHz bandwidth in the VHF and UHF bands must be operating on narrowband by January 1, 2013, when all public safety users must cease operation of wideband Equipment on or before that date. The FCC has further mandated narrowbanding to 6.25 kHz or equivalent by a date yet to be determined. Narrowbanding of the 700 MHz band to 12.5 kHz must be accomplished by January 1, 2017.

NEBS Network Equipment Building System NEC National Electric Code NEMA National Electrical Manufacturer’s Association NFPA National Fire Protection Association NMS Network Management System NTIA National Telecommunications and Information

Administration (part of Department of Commerce - coordinates use of the federal government frequency spectrum).

NTP Network Time Protocol OAM Orthogonal Amplitude Modulation OSHA Occupational Safety and Health Administration OSPF Open Shortest Path First OTAP Over-The-Air Programming OTAR Over-The-Air-Rekeying PC Personal Computer PD Police Department POC Point of Contact



Term Definition Project 25 (P25) or APCO-25

A suite of standards for digital radio communications for use by federal, state/province and local public safety agencies in North America to enable them to communicate with other agencies and mutual aid response teams in emergencies.

PSAP Public Safety Answering Point psig per square inch gauge PTT Push-to-Talk Public Safety Spectrum Specific bands of frequencies set aside by the FCC for

use by public safety agencies. They are: Low Band (25-50 MHz) VHF High Band (150-174 MHz) 220 Band (220-222 MHz) UHF Band (450-470 MHz) 700 Band (764-776 and 794-806 MHz) 800 Band (806-824 and 851-869 MHz) 4.9 GHz Band

QA/QC Quality Assurance/Quality Control QOS Quality of Service R56 Motorola Installation Standards and Guidelines for

Communication Systems RADIUS Remote Authentication Dial-In User Service Receiver The component(s) of a radio device that converts the

radio waves into audible signals. Repeater A special receiver/transmitter combination that receives a

signal on one frequency and retransmits a new signal on another frequency, usually within the same frequency band, sometimes referred to as a relay station.

RF Radio Frequency RFP Request For Proposal RIP Routing Information Protocol RPC Regional Planning Committee RX Receive SATP Staging Acceptance Test Plan SFP Small Form-Factor Pluggable SNMP Simple Network Management Protocol SOR Statement of Requirements Spectrum The range of electromagnetic radio frequencies that can

be decomposed into frequency components, used in the transmission of sound, data, and television.

Evaluation Committee Source Selection Committee SoR Statement of Requirements SSH Secure Shell



Term Definition STS-1 Synchronous Transport Signal Level 1 (45 Mbps) Subscriber User, customer on a network. Subscriber Unit User’s Equipment (usually a mobile or portable radio). TACACS Terminal Access Controller Access Control System Talkgroup Radio system users assigned to a specific group of users

who regularly communicate with each other. TDM Time-division multiplexing TDMA Time-division multiple access TDMM Telecommunications Distribution Methods Manual TIA Telecommunications Industry Association Trunked A radio system with a group of channels available and

assigned as needed to specific “groups” or operations. The channels are programmed for automatic system assignment while in-use, and then released for other users. A trunked system maximizes channel utilization.

TVSS Transient Voltage Surge Suppression TX Transmit UHF Ultra High Frequency UL Underwriters Laboratory UPS Uninterruptible Power Supply USGS United States Geologic Survey VHF Very High Frequency VLAN Virtual Local Area Network Voting Receiver Multiple remote receivers tied together through a

comparator device at a transmitter site to improve portable coverage, signal strength is compared from each receiver, and the best receiver becomes the receiver during a specific transmission.

VSWR Voltage Standing Wave Ratio WBS Work Breakdown Structure



Appendix A – Proposal Pricing Forms

Provided electronically as Appendix A is: 115097 RFP Appendix A – Proposal Pricing Forms.xlsx

The remainder of this page intentionally left blank.



Appendix B – Compliance Matrix

Provided electronically as Appendix B is: 115097 RFP Appendix B – Compliance Matrix.xlsx




Appendix C – System Site List

Site Site

Abbrev. Address Latitude Longitude

Tower Type

Azim. Site Elev.

Ant. Height

Description

Arrowood AW 12460 SW 34th Portland, Oregon

45-26-08.9N 122-42-45.3W Monopole 223.0 741 120 Existing 5 channel analog IR, 8 T-1 spur MW from Council Crest

Biddle Butte BB 7 Miles East of Washougal Washington

45-34-50.6N 122-12-26.9W Lattice 70.0 1,413 65 Existing 5 channel analog IR, 4 channel P25 700MHz simulcast, 8 T-1 spur MW

Cornelius Pass

CP 45-36-27.8N 155-51-22.3W Building 350 728 30 5 channel analog IR, leased line T-1

Council Crest (North sector) (South sector)

CC 3415 SW Council Crest Drive Portland, Oregon

45-29-58.3N 122-42-31.9W Lattice 340 190 1,069 425 24 channel analog simulcast, 4 channel P25 700MHz simulcast, Prime site for P25 simulcast, OC-3 loop MW

Forest Heights FH 45-32-29.4N 122-45--32.4W Guide omni 1,070 100 5 channel analog IR, leased line T-1

Goat Mt GM 4.8 Miles SSW of Estacada, Oregon

45-7-52.2 N 122-17-29.3W Lattice omni 3,753 100 5 channel analog IR, 4 channel P25 700MHz stand alone, 8 T-1 spur MW from Lookout Point

Headworks HW 45-26-51.4N 122-8-56.8W Telephone

Pole omni 866 50

5 channel analog IR, DS-3 spur MW from Lookout Point

Lookout Point LP 5200 Transmission Tower Rd Corbett, Oregon

45-29-01.4N 122-7-44.7W Lattice 270.0 2,065 180 24 channel analog simulcast, 4 channel P25 700MHz simulcast, OC-3 loop MW

Mt Hood MH 27500 E. Timberline Rd Government Camp, Oregon

45-20-00.1N 121-42-50.8W Lattice omni 6,952 50 5 channel analog IR, 8 T-1 MW spur from Goat Mountain

Mt Scott MS 10941 SE Ridgeway Drive Portland, Oregon

45-27-17.3N 122-33-3.8W Lattice omni 1,155 180 24 channel analog simulcast, 4 channel P25 700MHz simulcast, OC-3 loop MW

PDX PDX 7000 NE Airport Way Portland, Oregon

45-35-23.4N 122-35-31.7W Roof omni 22 50 5 channel analog IR, 8 T-1 spur MW from Willalatin Tank

Portland Community College

PCC 12000 SW 49th Ave, Portland, OR.

45-26-24.1N 122-43-39.7W Monopole omni 723 120 Existing 5 channel analog IR, 8 T-1 spur MW from Council Crest

Prune Hill PH 2822 NW 18th Avenue Camas, Washington

45-35-29.3N 122-26-19.9W Water Tank 180.0 754 120 24 channel analog simulcast, 4 channel P25 700MHz simulcast, OC-3 loop MW



Site Site

Abbrev. Address Latitude Longitude

Tower Type

Azim. Site Elev.

Ant. Height

Description

Walters Hill WH 1127 SW Blaine Court Gresham, Oregon

45-29-18.9N 122-26-09.3W Telephone

Pole omni 829 50

10 channel analog IR, 4 channel P25 700MHz simulcast, leased line T-1

Wilallatin Tank WT 11525 NW Willalatin Rd Portland, Oregon

45-34-49.8N 122-47-44.7W Lattice omni 1,088 180 24 channel analog simulcast, 4 channel P25 700MHz simulcast, OC-3 loop MW

BOEC/911 BOEC 3732 SE 99th Portland, Oregon

45-29-42.7N 122-33-39.9W Building 289 50 Non trunking site, OC-3 loop MW, location of current core system

Portland Bldg PTD 1120 SW 5th Avenue Portland, Oregon

45 30' 56" N 122 40' 43.9" W Building 69 285 Non trunking site, OC-3 spur MW to Council Crest

NOTE – Coordinates and antenna heights provided herein are not confirmed. For additional details see Appendix E – Site Surveys



Appendix D – Existing Microwave Backhaul Information




Appendix E – Site Surveys

Provided electronically as Appendix B is: 115097 RFP Appendix E – Site Surveys.xlsx




Appendix F – Existing and Planned Dispatch Centers

Table G.1 – Dispatch Locations and Consoles

Abbreviation / Location Number of Consoles

BOEC – Bureau of Emergency Communication Simulation Room 5BOEC – Bureau of Emergency Communication Primary PSAP for Multnomah County 22Network Management Center 3Prime Site – Core system locations for system testing 1PDX – Portland International Airport Dispatch Center 4PDX EOC – Portland International Airport Emergency Operations Center 1TriMet – Tri-County Metropolitan Transportation District of Oregon 5ODOT TMOC – Oregon Department of Transpiration Traffic Management Operations Center 5LOCOM – Lake Oswego Communications Center 2Water – City of Portland Water Bureau 2OHSU – Oregon Health and Science University 1Maint – City of Portland Maintenance Bureau 3

Total 54



Appendix G – Existing Radio System Interfaces

Versaterm Versadex Computer Aided Dispatch system

The Voice Radio interface to the CAD system contains two touch points:

Push-to-talk (PTT) and Emergency Key (ERTT) transactions from the Radio System

Allows a call taker/dispatcher to send out radio alerts automatically upon dispatch or manually on request.

Overview

The current interface configuration is one where the Voice Radio interface connects the Versadex CAD to the Motorola Voice Radio system through the Gold Elite PC.

Push to Talk (PTT) and Emergency Key (ERTT)

The Versaterm Radio Interface (VRIF), located on a Gold Elite PC, receives incoming PTT/ERTT transactions from the Gold Elite API and submits it to the VMC (Versadex Message Controller) via VMC-plugin (PORT_VRIF) where they are queued for processing. Once processed, the VMC makes a web service call to the CAD Push-to-talk (cws_maxi_talk.42r) daemon. The CAD PTT daemon then processes the transaction and routes the PTT/ERTT transaction to the appropriate CAD position(s).

Radio Alerting

When a Radio Alert is required, the Versadex CAD (sgnl_radio_alert.42r) formulates and addresses the transaction and submits it to the VMC (Versadex Message Controller) where it is queued for processing. Once processed, the VMC-plugin (PORT_VRIF), formulates the gateway transaction and sends it, via an ASCII encoded TCP/IP message, to the Versaterm Radio Interface (VRIF) module, located on a Gold Elite PC. The Versaterm VRIF module then sends the alert message to the Gold Elite API.

For additional information, please contact:



Versaterm, Inc. 7534 East 1st Street Scottsdale, Arizona 85251 Phone Number: (480) 663-7739 Fax: (480) 663-6261

[email protected] NOTE: Please include your phone number in your email.

Master Time Clock

The City utilizes the network core switch as the master time resource. The IP address to connect for synchronization will be provided to the CONTRACTOR.

Pyxis Voice Logging Recorder

In a standalone configuration with third party 9-1-1 equipment, a standardized API provides access to radio and telephone systems. PYXIS hardware consists of an independent server and recorder unit with up to 64 channels.

For technical information please contact:

Cassidian Communications 42505 Rio Nedo Temecula, CA 92590 Phone: 951.719.2100 Toll free: 800.491.1734 www.cassidiancommunications.com

Telephone System

Enables field personnel to make connections through the public switched telephone network (PSTN) via RFSS connectivity by using their radios rather than, for example, using cellular telephones.

Vendors shall provide at a minimum the P25 standard telephone interconnect interface.



Appendix H – Staff Training Requirements

Training Description: Totals

Portland Bureau of Technology ‐

Communications Section

(BTS/Comms)

Portland Bureau of Emergency

Communications (BOEC)

Portland Bureau of

Maintenance (PBOM)

Portland Water Bureau (PWB)

Port of Portland (PDX)

Lake Oswego Emergency

Communications (LOCOM)

Oregon Department of Transportation

(ODOT)

Oregon Health Science

University ‐ ER

Coordinator (OHSU)

Dispatcher 182 n/a 100 10 15 12 15 10 13

Dispatch Supervisor

30 7 11 1 3 1 2 3 2

System Administrator

1 1

System Engineers

3 3

System Technicians

4 4

Technicians ‐ Radio programming

2 2



Appendix I – Sample Technology System Master Contract

CONTRACT FOR PROCUREMENT, LICENSING, AND MAINTENANCE OF A RADIO SYSTEM

CONTRACT NO:

This Contract For Procurement, Licensing and Maintenance of a Radio System (“Contract”) is made effective on ___________ (“Effective Date”) by and between the City of Portland, a municipal corporation of the State of Oregon, and its successors or assigns (hereinafter referred to as “City”) and (hereinafter referred to as “Contractor”), a(n) corporation, by and through their duly authorized representatives.

The Initial Term of this contract shall be {day, month year} through {day month year}, with the City’s option to extend for { } additional years for a maximum total term of ten (10) years. This Contract may refer to the City and Contractor individually as a “Party” or jointly as the “Parties.”

The total not-to-exceed price under this Contract shall be $ for the Initial Term and up to $ for the total term.

Contractor Contact: City of Portland Contact:

TEL: ( ) -

E-MAIL:

TEL: (503) -

E_MAIL: Recitals:

WHEREAS, in conjunction with its government operations, the City of Portland desires to acquire a standalone P25/PI (P2 Ready) simulcast digital radio system (the “Project”); and

WHEREAS, in its Proposal No. dated and submitted in response to City Request for Proposal (RFP) # 115097, Contractor represents that it has the knowledge, experience and expertise in for ;

NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:


SECTION 1 DEFINITIONS (11/12) General Definitions. These definitions apply to the entire Contract, subsequent Amendments, Task Orders and Change Orders unless modified in an Amendment: “Acceptance” means Product indicated in the Certificate of Acceptance has been inspected, loaded, shipped, transported, installed, delivered, configured and diagnostic tests have been performed to demonstrate, to the City’s satisfaction, that Product conforms and operates according to the requirements of this Contract, applicable Documentation and Contractor’s representations.

“Acceptance Criteria” means all specifications, functionality and performance requirements as set forth in the RFP, the Statement of Work (as such specifications, and requirements and Statement of Work may be changed from time to time by mutual agreement in writing), Contractor’s proposal, and Contractor’s representations and warranties. The City’s acceptance criteria will be based on reliance on Contractor’s experience and expertise. City and Contractor agree to establish the Acceptance Criteria in writing for the purpose of conducting Acceptance Testing. Terms and Conditions for Acceptance Criteria are set forth in Section 5.

“Certificate of Acceptance” means a written instrument by which the City notifies Contractor either that in its sole discretion the Acceptance Criteria have been met or waived, in whole or in part. “Acceptance Date” means the date on which the City issues a Certificate of Acceptance for the System or a Deliverable.

“Acceptance Test” means the evaluation and testing method, procedures, or both, that are used to determine whether or not the System or a Product requiring Acceptance Testing operates in accordance with the Acceptance Criteria. Acceptance Testing may occur in one or more phases, depending on the integration of contingent products, scalability, performance tuning or other measurable features or milestones. “Acceptance with Exception(s)” means the City has signed off on an Acceptance Test based on Contractor’s commitment to correct the Error within a reasonable period of time. “Final Acceptance” means the City has determined that the System or a Product requiring Acceptance Testing: (a) has met the Acceptance Criteria and the City has provided a Certificate of Acceptance to Contractor; and (b) all Products function and perform compatibly and without Error when integrated as functional components of the System. “Functional Acceptance Test” means the agreed upon processes designed to ensure that the Radio System as installed meets the requirements of the City. A series of specific agreed upon tests will be part of the Contractor’s deliverables after Detailed Design is completed. The Functional Acceptance Test is outlined in [Exhibit X]. “Staging Acceptance Test” means (Also known as Factory Acceptance Test) means the agreed upon processes designed to ensure that the Radio System meets the requirements of the City.


The series of specific agreed upon tests will be a Contractor Deliverable after Detailed Design is completed. The Staging (Factory) Acceptance testing will occur at the Contractor’s specified location. The Staging (Factory) Acceptance Test is outlined in [Exhibit X]. “Staging Acceptance Test Plan” means the agreed upon plan and document provided by the Contractor and used to conduct the Staging (Factory) Acceptance Test.

“Affiliates” means, with respect to a named individual or entity, any individual, association, partnership, corporation or other entity controlling, controlled by, or under common control with the named individual or entity. The term “control” means the power to direct or cause the direction of the management and policies of an individual or entity, whether through the ownership of voting securities, by contract, agreement or otherwise. “Amendment” means a written document required to be signed by both Parties when in any way altering the Master Terms and Conditions, term, or cost provisions of the Contract or changing, adding to, or substantially altering a Statement of Work. “Day” shall have the same meaning as “Calendar Day.”

“Business Day” means a calendar day of twenty-four hours, excluding weekends and holidays, beginning at midnight and ending at midnight twenty-four hours later.

“Calendar Day” means a calendar day of twenty-four hours, including weekdays, weekends and holidays, beginning at midnight and ending at midnight twenty-four hours later.

“Change Order” means a document, agreed and signed by both Parties, that changes an existing Statement of Work. “City Confidential Information” means any information, in any form or media, including verbal discussions, whether or not marked or identified by the City, which is reasonably described by one or more of the following categories of information: (1) financial, statistical, personnel, human resources data or Personally Identifiable Information as described in the Oregon Consumer Identity Theft Protection Act of 2007; (2) business plans, negotiations, or strategies; (3) unannounced pending or future products, services, designs, projects or internal public relations information; (4) trade secrets, as such term is defined by ORS 192.501(2) and the Uniform Trade Secrets Act ORS 646.461 to 646.475; (5) Exempt per ORS 192.501 and/or ORS 192.502 (6) attorney/client privileged communications, (7) exempt per federal laws (including but not limited to Copyright, HIPPA) and (8) information relating to or embodied by designs, plans, configurations, specifications, programs, or systems developed for the benefit of the City including without limitation, data and information systems, any software code and related materials licensed or provided to the City by third parties; processes; applications; codes, modifications and enhancements thereto; and any work products produced for the City. “Confidential Information” means any information that is disclosed in written, graphic, verbal, or machine-recognizable form, and is marked, designated, labeled or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential or proprietary at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes


publicly known through no wrongful or negligent act of the receiving party; is already known to the receiving party without restriction when it is disclosed; is, or subsequently becomes, rightfully and without breach of this Contract or any other agreement between the Parties or of any applicable protective or similar order, in the receiving party’s possession without any obligation restricting disclosure; is independently developed by the receiving party without breach of this Contract; or is explicitly approved for release by written authorization of the disclosing party. All usage of the term “Confidential Information” in this Contract shall be deemed to include the qualifications set forth in Section 2.29. “Configuration” means any setup or process needed to fully implement the Radio System, and can refer to a single component configuration or a series of components that need to be adjusted or programmed to configure the System to meet the City’s requirements. “Contract” means these Master Terms and Conditions and all the documents referenced in Paragraph 2.1. “Contract Administrator” means the individual appointed by the City to manage the resulting Contract and to serve as the official point of contact for all administrative matters relating to the Contract. “Contract Price” means the not-to-exceed price agreed upon by the Parties for the System, subject to the provisions herein. “Coverage Hours” means those hours specified in this Contract during which period Contractor shall provide Maintenance as outlined by the Parties in [Exhibit X.] “Customization” means (a) any modification to or adaptation of the Products, or (b) any new component or accessory or, in the case of Software, new code, designed to run in conjunction with the Products, whether prepared, created, or developed (1) by Contractor at the City’s request, (2) by Contractor at the City’s request as a work for hire, (3) by the City, or (4) by the City in conjunction with or as authorized by Contractor. “Deliverable” means the goods, Products, Equipment, Services, documents or tangible work products described in the Statement of Work to be provided to the City by Contractor under this Contract. “Documentation” means user manuals and other written materials in any form that describe the features or functions of the Products and System, including but not limited to published specifications, marketing materials, technical manuals, and operating instructions provided by Contractor to the City, or readily available to the public, or as required to be produced by Contractor subject to the terms of this Contract. “Equipment” means any radio hardware, machinery, device, tool, computer, computer component, computer system, including add-ons, or peripherals of tangible form together with the necessary supplies for upkeep and maintenance, and other apparatus necessary for the proper implementation of the System and acceptable completion of the Project. “Error” means any defect, problem, condition, bug, or other partial or complete inability of the System to operate either (a) in accordance with the applicable Specifications and Documentation or (b) as to the System, in the same manner in which the System operated as of the Acceptance Date.


“Knowledge Transfer” means information and know how regarding technological or general business issues, including, without limitation, Products, identified or foreseeable problems, personnel, resources, or costs, as may relate to the System or any component thereof which Vendor may be required under this Agreement or any subsequent Order to pass to the Customer. “Maintenance” means services provided by Contractor to the City designed to keep the System operating in optimum condition. “Maintenance Fee” means the fee paid by the City for Maintenance.

“Maintenance Period” means the time period when Contractor provides Maintenance to the City, which begins upon expiration of the Warranty Period.

“Maintenance Request” means a request by the City to Contractor for Maintenance.

“Master Terms and Conditions” means this portion of the Contract, the body of text from the preamble through the signature page. “Material Breach” means any breach of this Contract that (a) causes or may cause substantial harm to the non-breaching party; or (b) substantially deprives the non-breaching party of the benefit it reasonably expected under this Contract. “Notice to Proceed” is a written notice from the City to Contractor that “Not-To-Exceed Price” is as provided on the first page of this Contract unless the Parties otherwise expressly modify the Not-To-Exceed Price via Amendment. “Product(s)” means Software, Equipment, Documentation and supplies which may include Updates, Upgrades, Customization, and training.

“Contingent Products” means a Product or Service which the Contractor advises the City needs to use in conjunction with some other Product or Service and from which the City would not derive the essential purpose of the bargain if acquiring one without the other. “Delivery of Products” means Product has been received at the location specified in this Contract. Delivery of Products shall not be construed to represent Final Acceptance following delivery of the System.

“Project” means the overall collection of activities required for delivery and support of the System including, without limitation, design, development, integration, testing, support and Maintenance, any of which Contractor may be providing in whole or in part. “Proposal” means Contractor’s response to the City’s RFP referenced on page one of this Contract and attached as [Exhibit X]


“Proposer” means a person or company who submits a Proposal in response to the City’s Request for Proposals.

“Selected Proposer” means the Proposer who was selected by the City’s evaluation team for Notice of Intent to Award. A Proposer is the Selected Proposer from Notice of Intent to Award, during negotiations, and until final Contract signature, whereupon they become the Contractor.

“Repair” means to fix, patch, reprogram, or replace the System or any Equipment or Software component thereof so as to eliminate Errors or failure to the City’s satisfaction. “Services” means both ordinary and professional services as required to be performed by Contractor under this Contract for the City. Services include, but are not limited to, Maintenance, consulting, training, site management, installation, analysis, programming, needs assessment, or technology review. “Software” means the object code version of any proprietary or licensed computer programs, firmware, applications, or Operating System Software which are components of the System and are licensed by Contractor to City pursuant to this Contract, including, without limitation, any custom Software or Customization, application software, base software, diagnostic software, Updates, Upgrades and any related Documentation. Software may include Third Party Software and/or Open Source Software delivered by Contractor if required to produce and maintain the System.

“Software Enhancement” means a modification of Contractor’s Software Source Code to increase its capabilities.

“Software Enhancement Release” means Software Enhancements provided by Contractor to the City as part of its Maintenance and Support services. “Operating System Software” means any computer program product that is installed on, and is a component integral to the function of, the Equipment. “Open Source Software” means any computer program for which the license provides the rights to run the program, view and change the source code, distribute exact copies, distribute modified copies and frees parties from any obligation to pay license fees or royalties.

“Third Party Software” means software other than Contractor Software provided to City by Contractor under this Contract and that Contractor is authorized to license to the City subject to the original manufacturer’s standard provisions.

“Source Code” means a complete copy, expressed in high-level (i.e., human readable; not machine language or object code) computer language, of the Software which, when assembled or compiled, becomes the executable object code of the Software. Source Code shall include all material including but not limited to design documentation, Software documentation, reference manuals and documentation, libraries for the Software, and interface software (patch or whole programs), in any form (printed, electronic, or magnetic) and any other information necessary for a reasonably skilled programmer or analyst to understand, maintain, or modify the Software.


“Statement of Work” (SOW) means the written detailed specifications of the System, Product(s), or Services(s) to be delivered to the City by Contractor subject to the terms and conditions of the Contract. “Subcontractor” means any person or business entity authorized in writing by the City as provided in Section 2. 16 and employed to perform all or part of an obligation of this Contract under the control of the Contractor. “Subscriber” means a person who uses a Subscriber Unit. Subscribers may also be Users. “Subscriber Unit” means a piece of equipment typically in the form of a mobile or portable radio that has been programmed with the necessary coding to use the Radio System. “System” means collectively all Equipment, Products, and Software to be provided by Contractor to City under this Contract. “Task Order” means a document, agreed and signed by both Parties, that outlines an individual or specific portion of work to be done as part of this Contract’s Statement of Work. “Update” means a change, modification, or enhancement to the Equipment or Software, and related Documentation, which improves its performance or efficiency, but does not alter its core functionality. “Upgrade” means a newer, better version, change, modification, or enhancement to the Equipment or Software (including Third Party Software), and related Documentation, which Contractor makes available from time to time, which incorporates major new features or increases the core functionality of the Software and may be considered a new version. Software Upgrades may include error correction, bug fixes, additions to, or patches to the Software. “Use” means the City’s right to install, integrate, configure, implement, test, access, maintain and operate the System; any Contractor-provided software tools to customize the System; Documentation listed in the Contract; training materials City may acquire to provide internal training on the System to City Users; any Software Enhancements produced by or in collaboration with Contractor to develop the System to City’s unique business processes and/or programming environment for purposes of installing, operating, configuring or using the System. “User” means any person employed or working on behalf of the City, its Bureaus, Divisions, Offices, Directors, and any person or entity under contract or authorized by the City to provide it with services and to use the City’s resources in whole or in part, in the course of assisting the City. “Warranty” means a written guarantee provided by Contractor or a third-party.

“Manufacturer’s Warranty” means a written statement to the City from a third party, the Contractor, or the Contractor on behalf of the third party that one or more components of the System or its Products will operate at the required specifications, functionality and performance level.


“Manufacturer’s Warranty Period” means the time period during which a Manufacturer’s Warranty is valid and enforceable by the City.

SECTION 2 GENERAL PROVISIONS 2.0 Exhibits. (11/12) The exhibits referenced in the Master Terms and Conditions are part of this Contract as if fully set forth. All referenced Exhibits shall include all subsequent sequentially numbered versions of that Exhibit (e.g. Exhibit A-1, A-2, A-3, B-1, B-2 etc.) agreed upon in writing by the Parties. 2.1 Order of Precedence: (04/10) In the event there is a conflict between the terms and conditions of one portion of this Contract with another portion of this Contract, the conflict will be resolved by designating which portion of the Contract documents takes precedence over the other for purposes of interpretation, except where a clear statement of precedence other than that set forth in this section is included in the document. In this Contract the order of precedence shall be:

1. Amendments

2. Master Terms and Conditions

3. Change Orders

4. Exhibit A, Contractor’s Price

5. Exhibit B, Statement of Work

6. Exhibit D, Sample Change Order

7. Exhibit E, Sample Status Report

8. Exhibit F, Sample Certificate of Acceptance

9. Exhibit G, City RFP # 115097(including any addenda issued)

10. Exhibit H, Contractor’s Proposal

2.2 Point of Contact: (11/12) Contractor’s Project Manager shall be the sole point of contact for the

City with regard to the Contract. 2.3 Capacity to Contract. (04/10) Contractor warrants it has the legal authority and capacity to enter

into and perform this Contract. 2.4 Compliance with Law/Venue

2.4.1 Authority to Conduct Business. (04/10) Contractor warrants it is duly authorized to operate and do business in all places where it shall be required to do business under the Contract; that it has obtained or shall obtain all necessary licenses and permits required in connection with the Contract, and that it shall fully comply with all laws, ordinances, orders, decrees, labor standards and regulations of its domicile and wherever performance occurs during the term of this Contract. Contractor warrants it is lawfully organized and constituted under all federal, state and local laws,


ordinances and other authorities of its domicile and is otherwise in full compliance with all legal requirements of its domicile.

2.4.2 Oregon Venue/Choice of Law. (04/10) This Contract shall be construed according to the laws of the State of Oregon without reference to its conflict of laws provisions. Any litigation between the City and Contractor arising under this Contract or out of work performed under this Contract shall occur, if in the state courts, in the Multnomah County Circuit Court, and if in the federal courts, in the United States District Court for the District of Oregon.

2.4.3 Compliance with Applicable Law. (04/10) Contractor warrants it has complied and shall comply with all applicable law, ordinances, orders, decrees, labor standards and regulations of its domicile and wherever performance occurs in connection with the execution, delivery, and performance of this Contract.

2.4.4 Conflict of Interest. (04/10) Contractor warrants it has no present interest and shall not acquire any interest that would conflict in any manner with its duties and obligations under the Contract.

2.4.5 Rule of Construction/Contract Elements/Headings. (04/10) This Contract has been drafted by the City in the general format by the City as a convenience to the Parties only and shall not, by reason of such action, be construed against the City. Section headings are for ease of reference and convenience only and shall not affect or enter into the interpretation of any portion of the Contract.

2.5 Term. (04/10) Unless terminated earlier under the provisions herein, this Contract shall remain in

effect during the Initial Term as well as any option years exercised at the City’s sole discretion. 2.6 Changes to Contract

2.6.1 Amendment of the Contract. (04/10) Any changes to the provisions of this Contract shall be in the form of an Amendment. No provision of this Contract may be amended unless such Amendment is approved as to form by the City Attorney and executed in writing by authorized representatives of the Parties. If the requirements for Amendment of this Contract as described in this section are not satisfied in full, then such Amendments automatically will be deemed null, void, invalid, non-binding, and of no legal force or effect.

2.6.3 Change Orders to a Statement of Work. (06/12) The City and Contractor can agree to make changes, at any time to a Statement of Work or Task Order in the form of a Change Order. Contractor agrees to timely alter the delivery of Products or Services accordingly. If such changes materially increase or decrease Contractor’s obligations, the Parties shall execute an Amendment to the Contract, and if the amount of such adjustment is not calculable as a function of hours or tasks, the Parties shall negotiate in good faith a modified price.

2.7 Reserved 2.8 Delivery. (11/12) Contractor shall deliver the System and Products freight and insurance prepaid;

F.O.B. the City’s designated location at the time indicated herein or on any Statement of Work,


Task Order and/or Change Order. Shipments will be complete and partial shipments will be avoided unless the City agrees in writing to the partial shipment in advance of such a shipment. The risk of loss or damage in transit shall be upon Contractor until Product is received by the City at the delivery site. Contractor shall furnish on-site or other assistance, as may be required to install the Product as set forth in the Statement of Work, Task Order or Change Order, at no additional cost to the City. Acceptance shall not relieve Contractor from its responsibility under any representation or Warranty. If the City makes a payment for a Product prior to Final Acceptance, the payment does not grant a waiver of any representation or Warranty by Contractor. In the case of the System, delivery of Products shall not be deemed to be complete until the System is available for commencement of the Final Acceptance Test.

2.9 Delivery Schedule. (11/12) No work shall commence on this Project until a written Notice to

Proceed is issued. Contractor shall use its best efforts to deliver Product(s) and/or Services(s) on time, in accordance with the scheduled delivery date(s) as set forth in this Contract or an individual Statement of Work, Task Order, Change Order, or Delivery document(s) outlining agreed-upon delivery dates. If Contractor delivers any Product order more than ( ) days later than the scheduled delivery date as listed in this Contract or as otherwise agreed in writing by the Parties, the City may cancel the order without penalty.

2.10 Written Notifications. (04/10) All written notifications and written Amendments shall be sent to

the following:

For City of Portland: For Contractor: Name: Karl Larson Name: Title: Project Manager Title: Address: 1900 SW 4th Ave, Suite 3600 Address: City, State: Portland, OR 97201 City, State: e-mail: [email protected] e-mail: Copy to: Technology Contracts Copy to: Procurement Services 1120 SW Fifth Avenue Room 750 Portland OR 97204

2.11 City Reporting Requirements. (04/10) The City is required to track certain types of contract data

for reporting purposes. Items which the City must report on may include, but are not limited to, Subcontractor utilization, Minority, Women, and Emerging Small Business (M/W/ESB) participation and Subcontractor/Supplier Payment. Contractor shall submit a Monthly Sub-consultant Payment and Utilization Report reporting ALL Subcontractors employed in the performance of this Contract. The City will enforce all diversity in workforce and M/W/ESB subcontracting commitments. A copy of the Monthly Sub-consultant Payment and Utilization Report can be found online at: http://www.portlandonline.com/omf/index.cfm?c=45663&

2.12 Payment. (11/12)

A. Unless subject to successful completion of an Acceptance Test or other payment milestone specified in any Statement of Work, Task Order or Change Order, payment for the System and/or any Product including without limitation agreed upon milestone payments shall be


in accordance with the Payment Schedule attached hereto as [Exhibit X]. Payment shall be issued by the City net thirty (30) days from receipt and acceptance of a proper invoice from Contractor. Contractor invoices must contain Contractor’s name and address; invoice number; date of invoice; Contract number and date; description of Products and/or Services; quantity, unit price, (where appropriate), and total amount; City-required reporting, if any, and the title and phone number of the responsible official to whom payment is to be sent. The City may provide a required invoice format or otherwise stipulate how line items are entered on an invoice to ensure compatibility with the City’s accounting and financial systems and to facilitate payment to Contractor. Contractor shall comply with any requested invoice format. B. Except for Bond funds, all funds for payment of services rendered after June 30 of the current fiscal year are subject to City legislative appropriation for this purpose. Payments for services following June 30 of each fiscal year are dependent upon the same action. Notwithstanding any other provision of this Agreement, City shall not be obligated for Contractor’s performance hereunder or by any provision of this Agreement during any of City’s future fiscal years unless and until the City appropriates funds for this Agreement in the City’s budget for each future fiscal year. The City shall notify Contractor in writing of such non-appropriation of funds at the earliest possible date. C. The City’s election to issue a Notice to Proceed under this Agreement is expressly contingent upon the City indentifying sufficient available funding resources to pay for the work under such Notice to Proceed. In the event that the City is unable to appropriate sufficient funding resources to issue a Notice to Proceed with respect to any work, the City may, at its sole discretion, either (i) terminate this Agreement up to and including the completed work, (ii) suspect the Agreement indefinitely until sufficient funding resources are appropriated, or (iii) defer issuing a Notice to Proceed with respect to such work. D. Contractor will notify City in writing when the sum of the total amounts paid by the City and currently due to Contractor reaches an amount equal to 75% of the maximum Not-To-Exceed Price as provided in this Contract.

2.13 Payment of Taxes/Contractor Shall Withhold. (04/10) Contractor shall, at its own expense,

timely (a) pay all salaries, wages, and other compensation to its employees; (b) withhold, collect, and pay all applicable federal, state, and local income taxes (domestic or foreign), FICA, Medicare, unemployment insurance and any other taxes or charges in connection with its employees; and (c) provide and pay for workers compensation insurance and any statutory or fringe benefits to employees. Contractor shall be solely responsible for all such obligations for its employees. Contractor shall also assure that any Subcontractor shall comply with the foregoing obligations for its employees.

2.14 Independent Contractor/No Duty for the City to Withhold. (11/12) Contractor is a contractor

independent of the City and, accordingly, no Statement of Work, Task Order or Change Order for Services pursuant to this Contract is entered into as a joint venture, partnership, or agency between the Parties. No employment relationship is or is intended to be created between the City and any individual representing Contractor or any Subcontractor. During the term of this Contract, employees of Contractor and any Subcontractors shall at all times remain employees of Contractor or Subcontractors and ultimately shall remain under Contractor's sole control.


2.15 Assignment. (04/10) Neither Party shall assign, transfer, subcontract, or delegate all or any part of

this Contract, or any interest therein, without the other Party's prior written consent, which shall not be unreasonably withheld, except that (a) either Party may assign to any corporate Affiliate pursuant to any merger, consolidation or other reorganization, without the other Party’s consent but upon written notice to the other Party, (b) in the event that the City’s business needs change or the City enters into an agreement with a provider for outsourcing services, Contractor agrees that the City shall have the right to assign this Contract to a successor of all, substantially all, or specified area(s) of the City’s business, including an outsourcing provider, provided such outsourcing provider operates the Software licensed hereunder expressly and solely for the City’s benefit, upon written notice to the other Party, and (c) Contractor may, without the other Party’s consent but upon prior written notice to the other Party, assign its right to payment under this Contract or grant a security interest in such payment to any third party without requiring that the third party be liable for the obligations of Contractor under this Contract.

2.16 Delegation of Obligations/Subcontractors. (11/12)

2.16.1 Contractor shall not subcontract any work, assign any rights (including, without limitation, in connection with the sale of all or substantially all of Contractor’s assets, stock, or the line(s) of business applicable to this Contract), or delegate any obligations under this Contract, cancel or change any previously approved subcontract without the City’s prior written consent. Contractor shall be fully responsible for the acts and omissions of its Subcontractors at all levels, and of their agents and employees. Contractor shall ensure that all applicable provisions of this Contract (including those relating to Insurance, Indemnification, and Confidentiality) are included in all of its subcontracts. The City reserves the right to review any agreements between Contractor and its Subcontractors for Products and/or Services authorized under this Contract. 2.16.2 The Contractor must provide appropriate Project staff based on workload and the level of effort required throughout the implementation and installation process. Contractor agrees that the Project Manager and Project Engineer identified in [Exhibit X] will adhere to the requirements of Exhibit B, and must serve during the duration of the Project unless the Contractor proposes an alternative plan to the City and the City accepts the alternative plan in writing. The City reserves the right to accept or reject any proposed staffing changes. 2.16.3 All M/W/ESB Subcontractors and suppliers identified in Contractor’s proposals must be used in their proposed capacity during Contract performance. If Contractor desires to replace any M/W/ESB Subcontractors or suppliers under this Contract all substitution requests must have written approval from the City’s Chief Procurement Officer before such substitutions can be made. In no event shall Contractor subcontract any work, assign any rights, or delegate any obligations under this Contract without the City’s prior written consent. 2.16.4 If a change in personnel, including Subcontractors, is required, the Contractor shall submit to the City the names and resumes of at least two candidates for the replacement position. Contractor shall submit the request for City approval no less than 14 Business Days prior to the effective day of the change. The City, in its sole discretion, reserves the right to direct the Contractor to remove from the Project any Subcontractor or member of the Contractor’s staff.


2.16.5 During the time that Contractor’s staff, including any Subcontractor’s staff, is present on City facilities or communicating with City employees on City work matters, any such staff shall comply with the City’s rules and regulations applicable to the City, including without limitation, its conduct policies and rules communicated by its human resources department, which will be provided to Contractor upon request. 2.16.6 At any time prior to or during the term of this Agreement, the City may require, in the City’s sole discretion, that all or a portion of Contractor’s and Subcontractor’s staff performing work under this Agreement undergo and pass, to the satisfaction of the City, a background investigation as a condition of beginning or continuing work (or both) under this Agreement. The City shall use its sole discretion to determine the method of background investigation to be used, which may include without limitation criminal conviction information obtained through fingerprints submitted to the Oregon State Police. All fees associated with obtaining the background information shall be paid by the Contractor at its sole expense, regardless of whether a staff member passes or fails the background investigation. The City in its sole discretion may require that Contractor or subcontractor staff members who do not pass the background investigation immediately stop performing work under this Agreement. The City may also immediately deny or terminate facility access to any Contractor or Subcontractor staff members who do not pass a background investigation(s) to the sole satisfaction of the City. 2.16.7 Contractor, Subcontractors, or their staff shall not be provided with access to any information obtained through a City-conducted background investigation. 2.16.8 Contractor agrees that disqualification of any Contractor or sub-contractor staff shall not delay any previously agreed-upon timeline unless the City agrees to such delay in writing.

2.17 Warranties. Contractor represents and warrants as follows: 2.17.1 Disclosure and Assignment of Manufacturer’s Warranties. (11/12) In all cases where

Products or Equipment are covered by a Manufacturer’s Warranty, Contractor will provide the City with all Manufacturers’ Warranties and any related documentation. Contractor will assign to the City any Manufacturer’s Warranty applicable to all Product and Equipment. Notwithstanding the foregoing, Contractor shall be solely responsible for ensuring immediate correction to or replacement of the System or any of its components during the period of Warranty and Maintenance. 2.17.2 Equipment and Parts Warranty. (11/12) Contractor warrants that Equipment including each component part will be new, the latest model, and free from defects in material and workmanship during the Manufacturer’s Warranty Period. All Equipment shall have a Manufacturer’s Warranty Period of not less than three years following City Acceptance of the Equipment. If, after Final Acceptance of the System, Contractor proposes to provide refurbished, reclaimed or remanufactured replacement parts or Equipment to the City, Contractor shall request the City’s acceptance in writing in advance of delivery and the City retains the right to accept or refuse Contractor’s provision of refurbished, reclaimed, or remanufactured parts. If the City accepts the use of refurbished, reclaimed, or remanufactured Equipment or parts, Contractor warrants such Products have the same warranty as that of new and current Products and all such parts are subject to all the same provisions of this Contract as new Equipment and parts. If Contractor uses


refurbished, reclaimed, or remanufactured Equipment or parts without the prior consent required by the City, Contractor may be required, at the City’s sole discretion, to replace such parts and Equipment with new and current manufactured parts and Equipment at Contractor’s sole expense.

2.17.3 Warranty against Planned Obsolescence and Reclaimed Parts and Equipment. (11/12) The Contractor warrants that at the time of Delivery of Products, it has no plans in the next twelve (12) months for announcing replacement products for those Products delivered pursuant to this Contract or any plans that would result in reduced support during the term of this Contract for the product line delivered.

2.17.4 Industry Standards. (11/12) The System and all components of the System are compliant with all generally accepted industry standards at time of Contract signing and any respective Statement of Work, Task Order, Change Order or any combination of the foregoing.

2.17.5 Warranty and Representations: Contractor warrants and represents the following:

2.17.5.1 Performance to Specifications. (04/10) The System, including all components

and Upgrades supplied by Contractor shall operate in accordance with Acceptance Criteria and all Documentation during the Warranty Period.

2.17.5.2 Readiness; All Necessary Materials. (11/12) The Contractor has verified that the

City has or the Contractor will otherwise provide pursuant to this Contract all necessary materials and that no other Equipment, Software, interfaces, applications, or other Products or services are required to be used in conjunction with the System in order for the System to operate in accordance with the Acceptance Criteria and Documentation.

2.17.5.3 System Compatible. (04/12) The System is compatible with the City's existing

data files and systems and shall run in accordance with the Documentation.

2.17.5.4 No Material Defects or Viruses. (11/12) The System (A) is free of any material defect; and (B) is free of any virus, Trojan horse, spyware, malware, or any other program routine, code or module designed to erase, disable or otherwise harm the City's Equipment, hardware, data, systems, or other installed programs.

2.17.5.5 Illicit Code. (11/12) Contractor’s Software and Third Party Software shall not contain any illicit code that:

A) contains any hidden files that Contractor or any Subcontractor to Contractor knew or should have known were contained in the Software or programming;

B) replicate, transmit, or activate itself without the control of an authorized person operating computing equipment on which it resides, unless requested or authorized by the Contract Manager;

C) alter, damage or erase any data or computer programs without the control of an authorized person operating the computing equipment on which it resides; or


D) contain any key, node lock, time-out or other function, whether implemented by electronic, mechanical or other means, which restricts or may restrict use or access to any programs or data developed under this contract, based on residency on a specific hardware configuration, frequency of duration of use or other limiting criteria.

2.17.5.6 Material Breach. (11/12) In addition to any other breaches that may rise to the level of Material Breach, to the extent any programming or software has any of the foregoing attributes and the Contractor had knowledge or should have had knowledge thereof and failed to take appropriate measures to cause such attributes to be deleted or corrected, and notwithstanding any other provision of this Contract to the contrary, Contractor shall be in Material Breach of this contract, and no cure period shall apply.

2.17.6 Documentation Explains Use. (11/12) Contractor warrants that all Documentation shall explain the operation of the System in terms understandable by City Users of reasonable technical competence.

2.17.7 No Third Party Conflict or Infringement. (06/12) Contractor warrants the execution, delivery, and performance of this Contract shall not contravene the terms of any contracts with third parties or any third-party rights in any patent, trademark, copyright, trade secret, or similar right; and, as of the date of this Contract, there are no actual or threatened legal actions with respect to the matters in this Contract.

2.17.8 Commencing of the Warranty Period. (11/12) Where Contingent Products are ordered and no Acceptance Test is required, the Warranty Period shall not commence until Acceptance by the City of the entire project including without limitation all Equipment and all Contingent Products. The City may, at its election, postpone Services in support of Products so as to coincide with Delivery and Acceptance of all Contingent Products. The City shall not incur any additional fees whatsoever for reordered or replacement Contingent Products.

2.18 Flow-down Clauses. (11/12) Contractor shall include each of the following clauses, or

substantially similar language that accomplishes the intent of such clause, in every subcontract executed under this Contract:

Section #, Confidentiality Section # Security and Access Section #, IPR Infringement Indemnification Section #, Insurance Requirements Section #, Indemnification

2.19 Indemnification. (11/12) Contractor shall defend, save, and hold harmless the City of Portland, its

officers, agents, and employees, from all claims, demands, suits, actions, losses, damages, liabilities, costs and expenses of whatsoever nature (including all attorneys’ fees and costs), resulting from or arising out of the activities, errors or omissions of Contractor or its officers, employees, Subcontractors, or agents, including intentional acts, under this Contract.

Contractor agrees to defend, save, indemnify and hold harmless the City and its Affiliates against any taxes, premiums, assessments, and other liabilities (including penalties and interest) that the


City or its Affiliates may be required to pay arising from Products and/or Services provided by Contractor under this Contract. The City of Portland, as a municipal corporation of the State of Oregon, is a tax-exempt unit of local government under the laws of the State of Oregon and is not liable for any taxes.

2.20 No Third Party to Benefit. (11/12) This Contract is entered into for the benefit of the City and Contractor. Except as set forth herein, nothing in this Contract shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other entity, including, without limitation, any Subcontractor or the general public or any member thereof, or to authorize anyone not a party to this Contract to maintain a suit for breach of contract, personal injuries, property damage, or any other relief in law or equity in connection with this Contract.

2.21 Force Majeure

2.21.1 (04/12) In the event the City is unable to perform any of its obligations under this Contract or in the event of loss of any Equipment and/or Software due to natural disaster, actions or decrees of governmental bodies or communications line failure (hereinafter referred to as a “Force Majeure Event”), the City shall give notice to the Contractor and performance of the City is excused until such time as it is reasonable for the City to continue performance. If the Force Majeure Event extends for more than thirty (30) days, the City may terminate the contract and the City shall remain a license as granted herein.

2.22 Insurance and Bonding. (11/12) Contractor’s performance shall not commence until all insurance

requirements listed below have been met and certificates have been approved by the City Attorney and filed with the Auditor. All required insurance must be issued by companies or financial institutions that are financially rated A or better and duly licensed, admitted and authorized to do business in the State of Oregon.

2.22.1 Insurance Certificate. (11/12) As evidence of the required insurance coverage, Contractor shall furnish acceptable insurance certificates to the City prior to or with the return of the signed contract. The certificates shall include a 30-day notice of cancellation clause and a 10–day notice for non-payment. There shall be no cancellation, material change to, or reduction of benefits of the insurance coverage. If the insurance is canceled or terminated prior to completion of the Contract, Contractor shall provide a new policy with the same terms. Contractor agrees to maintain continuous, uninterrupted coverage for the duration of the Contract. Failure to maintain insurance as required by this Contract may be cause for immediate termination of the Contract by the City. Contractor's insurance will cover damages excluded from any limitation of liability to the extent of its policy limits indicated herein.

2.22.2 Additional Insureds. (08/12) The coverage shall apply as to claims between insureds on the policy. The insurance shall be without prejudice to other coverage. For liability coverage, except for Technology Errors and Omissions, the insurance certificate shall name as additional insureds “the City of Portland, Oregon, and its officers, agents and employees.” Notwithstanding the naming of additional insureds, the insurance shall protect each additional insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts


for which the insurer would have been liable if only one person or interest had been named as insured.

2.22.3 Insurance Costs. (04/10) Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.

2.22.4 Required Coverage is as follows: (11/12)

2.22.4.1 Public Liability and Property Damage. (11/12) Required Waived by City Attorney. Commercial General Liability. Contractor shall obtain, at Contractor’s expense and keep in effect during the Term of this Contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that is satisfactory to the City. This insurance shall include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage shall be written on an occurrence basis. The limit per occurrence shall be not less than $5,000,000 (Five million dollars) for each job site or location. Each annual aggregate limit shall not be less than $10,000,000 (Ten million dollars). 2.22.4.2 Automobile Liability. (04/10) Required Waived by City Attorney Contractor shall carry automobile liability insurance with a combined single limit of not less than $ 5,000,000.00 (five million U.S. dollars) each occurrence for bodily injury and property damage. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by Contractor.

2.22.4.3 Workers’ Compensation. (04/10) Required Meets Exceptions in ORS 656.027 Contractor shall comply with the workers’ compensation law, ORS Chapter 656, as it may be amended, and if workers’ compensation insurance is required by ORS Chapter 656, Contractor shall maintain coverage for all subject workers as defined by ORS Chapter 656 and shall maintain a current, valid certificate of workers’ compensation insurance on file with the City Auditor for the entire period during which work is performed under this Contract.

Contractors who are non-subject workers meeting one of the exceptions in ORS 656.027 may not be required to carry workers compensation insurance. Any Contractor requesting an exemption from the workers’ compensation coverage listed above must make that request in writing to the City Attorney, stating Contractor’s qualification for exemption under ORS 656.027.

2.22.4.4 Technology Errors and Omissions; Information Security & Privacy Liability. (08/12) Required Waived by City Attorney. Contractor shall maintain liability insurance covering acts, errors or omissions arising out of the performance or failure to perform professional services related to the Services under this Contract. The coverage shall be placed with an insurer with an AM Best Rating of A or better and shall include the following coverage:


Technology Products & Services E&O Information Security & Privacy Liability for Service Provided to Others.

Such insurance shall cover any and all errors, omissions and/or negligent acts in the delivery of Products, Services and Software under this Contract. Such errors and omissions insurance shall include coverage for claims and losses with respect to network risks (such as data breaches, unauthorized access/use, ID theft, invasion of privacy, damage/loss/theft of data, degradation, downtime, etc.) and infringement of intellectual property, such as copyrights, trademarks, service marks and trade dress.

Such insurance shall include limits of coverage of the local currency equivalent of not less than $10,000,000.00 (ten million U.S. dollars) per occurrence and shall remain in effect for not less than three (3) years following the date of termination or expiration of this Contract. Evidence of coverage must be sent to the City for three years following termination or expiration of this Contract.

2.22.4.5 Insurance Requirements for Subcontractors. (04/10) Should Contractor subcontract any part of the Contract, Contractor will require those Subcontractors or Affiliates if not covered under Contractor’s insurance, to obtain and keep in force for the duration of the Contract, insurance equal to the minimum values indicated above.

2.22.5 Performance Bond. (04/10) Required Not Required Contractor shall maintain a performance bond in the amount of or percent ( %) of the value of this Contract in full force and effect throughout the Initial Term of the Contract and any renewals. The City shall accept only a performance bond furnished by a surety company authorized to do business in Oregon and who is duly listed in the United States Treasury List as published in the Federal Register or is otherwise approved by the City Attorney. The surety bond shall have the surety company’s seal affixed to it, be signed by the surety’s Attorney in Fact, and have attached the Power of Attorney for the Attorney in Fact. The City Attorney may waive the requirement of the surety company’s seal. The performance bond shall be forfeited to the City if Contractor fails to perform as required under the Contract.

2.23 Ownership of Property. (11/12)

2.23.1 Contractor agrees the City will, upon completion of the Initial Term of this Contract, have full ownership of the System. Should the Contract be terminated prior to the completion of the Contract, the City shall own all Equipment received and accepted prior to termination. 2.23.2 If the City has paid in full for licensed Product prior to the expiration date of this Contract the City shall retain licenses to Product for which the City may continue to order Maintenance and Upgrades. 2.23.3 Contractor warrants that, with the exception of property that is leased or subject to a properly perfected security interest, it shall at all times own Equipment and Software proposed for this Contract, with the exception of Third Party Software, telecommunications services and buildings, and shall keep such property free and clear of any and all security interests, liens, charges, levies, assessments or encumbrances.


2.23.4 Any work product including without limitation original works of authorship produced or created by Contractor for the City shall be understood to be, to the fullest extent of the law, works made for hire unless the Parties have expressly agreed otherwise in writing.

2.24 Proprietary Rights. (11/12) Except Customizations, which shall be considered work product, all

trademarks, service marks, patents, copyrights, trade secrets, and other proprietary rights in or related to the Product or Service are and will remain the exclusive property of Contractor or its designees. City shall not decompile, disassemble, or otherwise reverse engineer the Software.

2.25 Return of Parties’ Property. (04/12) When the Contract or any Change Order placed pursuant to the

Contract is terminated or expires, each Party shall return to the other all non-Work Product papers, materials, and properties of the other Party then in its possession. The City will retain one (1) copy of the Documentation for the express purposes of public records and archiving per Oregon State Law and Portland City Code.

2.26 Reserved 2.27 Disclosure of Litigation, Change of Ownership, Financial Condition. (04/12)

2.27.1 Contractor must maintain a financial condition commensurate with the requirements of the Contract. If, during the Contract, Contractor experiences a change in its financial condition which may adversely affect its ability to perform, Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition is sufficient grounds for terminating the Contract. 2.27.2 Contractor warrants and represents that there are no suits, actions or other proceedings – pending, or threatened – in any judicial or quasi-judicial forum that will or may adversely affect Contractor’s ability to fulfill its obligations under this Contract. Contractor further warrants that it will immediately notify the City if, during the term of this Contract or any extension of this Contract, Contractor becomes aware of any lawsuits, actions or proceedings – pending or threatened – in any judicial or quasi-judicial forum that involve Contractor or any Subcontractor and that will or may adversely affect Contractor’s ability to fulfill its obligations under this Contract or extension of the Contract. For purposes of the disclosure requirement, any litigation, actions or other judicial or quasi-judicial proceedings that, in the aggregate, involve claims against Contractor totaling at least ten percent (10%) of the total amount of this Contract shall be presumed to adversely affect the ability of Contractor to fulfill its duties under this Contract. 2.27.3 If, during the Contract, Contractor experiences a change in ownership or control, Contractor shall immediately notify the City in writing. Failure to notify the City of such a change in ownership or control is sufficient grounds for terminating the Contract.

2.28 Assignment of Antitrust Rights By entering into a contract, the Contractor, for consideration

paid to the Contractor under the contract, does irrevocably assign to the City of Portland any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future, including, at the City’s option, the right to control any such litigation on such claim for relief or cause of action, by reason of violation of the right to control any such litigation on such claim for relief or cause of action, by reason of violation of 15 USC SS 1-15 or


ORS 646.725 or ORS 646.730, in connection with any goods or Services provided to the Contractor by any person, which goods or Services are used, in whole or in part, for the purpose of carrying out the Contractor’s obligation under this contract.

In the event the Contractor hires subcontractors to perform any of the Contractor’s duties under the contract, the Contractor must require the subcontractor to irrevocably assign to the City of Portland, as a third party beneficiary any right, title or interest that has accrued or may accrue to the subcontractor by reasons of any violation of 15 USC SS 1-15, ORS 646.725 or ORS 646.730, including, at the City’s option, the rights to control of any litigation arising thereunder, in connection with any goods or Services provided to the subcontractor by any person, in whole or in part, for the purpose of carrying out the subcontractor’s obligations as agreed to by the Contractor in pursuance of the completion of the contract. In connection with this assignment, it is an express obligation of the Contractor that it will take no action, which will in any way diminish the value of the rights conveyed or assigned hereunder to the City of Portland. It is an express obligation of the Contractor to advise the City Auditor or the Office of the City Attorney of Portland, Oregon:

i. In advance, of its intention to commence any action on its own behalf regarding such claims for relief or causes of action;

ii. Immediately, upon becoming aware of the fact that an action has been commenced on its own behalf by some other person or persons, of the pendency of such action; and

iii. The date on which it notified the obligor(s) of any such claims for relief or causes of action of the fact of its assignment to the City of Portland.

Furthermore, it is understood or agreed that in the event that any payment under such claim is made to the Contractor, it must promptly pay over to the city of Portland its proportionate share thereof, if any, assigned to the State hereunder.

2.29 Audits and Access to Records

2.29.1 Records Retention. (04/10) Contractor shall maintain current financial records in accordance with professional accounting standards. Contractor agrees to maintain and retain supporting financial and Contract related documents during the term of the Contract and for a period of three (3) years after the date of submission of the final billing or until the resolution of all audit questions or claims, whichever is longer. All financial records, supporting documents, statistical records and all other records pertinent to this Contract shall be retained by Contractor for a minimum of three (3) years. 2.29.2 City Audits. (11/12) The City, either directly or through a designated representative, may conduct financial and performance audits of the billings and services during the records retention period listed above. City audits shall be conducted in accordance with generally accepted auditing standards. Contractor shall provide the City’s internal auditor or external auditor, and their designees with a copy of all reports, including any management letters issued as a result of the specified audits. Contractor shall comply with any timeframes provided in any audit notice or information request.


2.29.3 Access to Records. (11/12) The City internal auditor or City external auditor, and their designees, shall be given the right, and the necessary access, to review the work papers of Contractor audits if the City deems it necessary. Copies of applicable records shall be made available upon request in accordance with the timeframes provided in any request.

2.30 Overpayment. (11/12) If an audit discloses that payments to Contractor were in excess of the

amount to which Contractor was entitled, then Contractor shall repay the amount of the excess to the City. Under no circumstances will the payment of previous invoices constitute an acceptance of the charges associated with those invoices. If any audit shows performance of Services is not efficient in accordance with the U.S. Government Accountability Office’s Government Auditing Standards, or that the Services are not effective in accordance with these Government Auditing Standards, the City may pursue remedies as provided under Section 2.31, Termination, and Section 2.33, Remedies. Contractor is solely responsible for the cost of any audits.

2.31 Confidentiality

2.31.1 Maintenance of Confidentiality. (04/10) Contractor shall treat as confidential any City Confidential Information that has been made known or available to Contractor or that Contractor has received, learned, heard or observed; or to which Contractor has had access. Contractor shall use City Confidential Information exclusively for the City’s benefit and in furtherance of the Products and/or Services provided by Contractor. Except as may be expressly authorized in writing by the City, in no event shall Contractor publish, use, discuss or cause or permit to be disclosed to any other person such City Confidential Information. Contractor shall (1) limit disclosure of the City Confidential Information to those directors, officers, employees and agents of Contractor who need to know the City Confidential Information in connection with the City Project, (2) exercise reasonable care with respect to the City Confidential Information, at least to the same degree of care as Contractor employs with respect to protecting its own proprietary and confidential information, and (3) return immediately to the City, upon its request, all materials containing City Confidential Information, in whatever form, that are in Contractor's possession or custody or under its control. Contractor is expressly restricted from and shall not use the intellectual property of the City without the City’s prior written consent.

2.31.2 Scope. (11/12) This Contract shall apply to all City Confidential Information received, learned, observed, known by or made available to Contractor both before and after the effective date of this Contract. This Contract shall not apply to City Confidential Information which (1) is or later becomes part of the public domain without breach of this Contract and through no wrongful act of Contractor; (2) Contractor lawfully receives from a third party; (3) was developed independently by and was reduced to writing by Contractor prior to the earlier of the date of this Contract or the date of any access or exposure to any City Confidential Information, or (4) is required to be disclosed under operation of law. Contractor's confidentiality obligations under this Contract shall survive termination.

2.31.3 Equitable Remedies. (04/10) Contractor acknowledges that unauthorized disclosure of City Confidential Information or misuse of a City computer system or network will result in irreparable harm to the City. In the event of a breach or threatened breach of this Contract, the City may obtain equitable relief prohibiting the breach, in addition to any other appropriate legal or equitable relief.


2.31.4 Contractor’s Confidential Information. (11/12) During the term of the Contract, Contractor may disclose to the City, certain Contractor Confidential Information pertaining to Contractor’s business. Contractor shall be required to mark CONFIDENTIAL with a restrictive legend or similar marking. If CONFIDENTIAL is not clearly marked or the Contractor’s Confidential Information cannot be marked with a restrictive legend or similar marking or is disclosed either orally or by visual presentation, Contractor shall identify the Confidential Information at the time of disclosure. The City shall not be deemed to have breached this Section if (1) Contractor’s Confidential Information later becomes part of the public domain through no act or omission of the City; (2) is required to be disclosed under operation of law or as otherwise provided in Section 2.31.5 or 2.31.6; (3) the City lawfully receives Confidential Information from a third party with no breach of any duty of confidentiality; or (4) was developed independently by and was reduced to writing by the City prior to the earlier of the date of this Contract or the date of any access or exposure to any Contractor Confidential Information.

2.31.5 Public Records Request. (04/10) Contractor acknowledges that the City of Portland is subject to the Oregon Public Records Act and Federal law. Third persons may claim that the Confidential Information Contractor submitted to the City hereunder may be, by virtue of its possession by the City, a public record and subject to disclosure pursuant to the Oregon Public Records Act. Subject to the following conditions, the City agrees not to disclose any information Contractor submits to the City that includes a written request for confidentiality and as described above, specifically identifies the information to be treated as Confidential. The City’s commitments to maintain certain information confidential under this Contract are all subject to the constraints of Oregon and federal laws. Within the limits and discretion allowed by those laws, the City will maintain the confidentiality of information.

2.31.6 City’s Obligation to Notify Contractor. (11/12) If the City receives a public records request for information that Contractor has marked CONFIDENTIAL and submitted in confidence, the City shall notify Contractor of the request. The City shall provide Contractor with written notice and a copy of the request. Contractor shall have five (5) business days within which to provide a written response to the City, either consenting to disclosure of the requested Contractor Confidential Information or explaining why the Contractor’s Confidential Information is exempt from disclosure under the Oregon Public Records Law or otherwise. If Contractor fails to submit a written response within the time period required, the City may make its own determination regarding disclosure of the information sought by the request. Whether or not Contractor submits any written response to the City, the City shall retain final discretion to determine whether to disclose the requested confidential information. If Contractor contends that the Contractor’s Confidential Information is exempt from disclosure, the City shall give Contractor five (5) business days’ written notice prior to disclosing such Confidential Information to allow Contractor to pursue whatever legal avenues it deems appropriate. City shall not be liable to Contractor for disclosure of Confidential Information disclosed pursuant to this section.

If the City refuses to disclose the Contractor’s Confidential Information pursuant to Contractor’s response under the paragraph above, and the requestor files a petition for disclosure pursuant to the Oregon Public Records Act, the City shall provide Contractor with a copy of the petition within two (2) business days of receipt of the petition by the City. Within


three (3) business days of delivery of the petition by the City, Contractor will provide the City with a written evaluation of the petition, detailing why the records would be exempt from disclosure under the Oregon Public Records Act. The City shall provide notice and a copy of the District Attorney’s decision on the petition within two (2) business days of receipt of the decision by the City. If Contractor desires the City to contest an order of the District Attorney requiring disclosure, or if an order of the District Attorney upholding non-disclosure is challenged as provided in the Oregon Public Records Act, Contractor shall save, indemnify and hold harmless the City and pay all reasonable costs and expenses, including reasonable attorney fees, incurred by or assessed against the City as a result of contesting or defending a public records order of the District Attorney in circuit court and on appeal. Contractor shall have the right to intervene in any such proceeding, to the extent that Contractor’s rights may be affected thereby.

2.31.7 Discovery of Documents. (11/12) In the event a party to litigation seeks discovery from the City of information that includes Contractor’s Confidential Information, the City will notify Contractor of the request. The City shall allow Contractor to participate in the response at its own expense. The City will comply with any effective order issued by the court having jurisdiction over the matter.

2.32 Dispute Resolution. (11/12) Contractor shall cooperate with the City to assure that all claims and

controversies which arise during Contractor’s performance of Services under this Contract and which might affect the quality of such Services will be resolved as expeditiously as possible in accordance with the following resolution procedure:

A) Any dispute between the City and Contractor arising prior to completion of Contractor’s

services or the earlier termination of the Contract shall be resolved, if possible by the Contract Manager or their designee on behalf of the City and on behalf of Contractor.

B) If the Contract Manager or the Contract Manager’s designee and Contractor are unable to

resolve any dispute within three (3) business days after notice of such dispute is given by either Party to the other, the matter shall be submitted to Bureau of Technology Services Chief Technology Officer on behalf of the City and on behalf of Contractor for resolution, if possible.

C) Should any dispute arise between the Parties concerning this Contract that is not resolved by

mutual agreement above, it is agreed that such dispute will be submitted to mandatory mediated negotiation prior to any Party’s commencing arbitration or litigation. In such an event, the Parties to this Contract agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the Parties, but in the absence of such agreement each Party shall select a temporary mediator and those mediators shall jointly select the permanent mediator. The mediation shall take place in Portland, Oregon. All costs of mediation shall be borne equally by the Parties.

D) Should a negotiated resolution not result from the foregoing, the City and Contractor shall be

free to pursue other remedies allowed under this Contract.

E) Unless ordered by the City to suspend all or any portion of Contractor’s Services, Contractor


shall continue its performance of such Services or delivery of Products without any interruption or delay during the pendency of any of the foregoing dispute resolution procedures and shall comply with any mutually agreed upon Statement of Work, Task Order or Change Orders that the City may issue regarding the acceleration of all or any portion of the Products or Services. During the pendency of any of the foregoing dispute resolution procedures, the City shall continue to make all payments that are not in dispute, in accordance with the provisions of the Contract.

2.33 Termination. (11/12) The following conditions apply to termination of this Contract. The City, on

thirty (30) days written notice to Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion.

2.33.1 The City and Contractor, by mutual written agreement, may terminate this Contract at any time.

2.33.2 Either Party may terminate this Contract in the event of a Material Breach of the Contract by the other. Prior to such termination, however, the Party seeking the termination shall give to the other Party written notice to cure the Material Breach and of the Party's intent to terminate. If the Party has not entirely cured the Material Breach within thirty (30) Calendar Days of the notice, then the Party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. In the event of default under this Contract that is not a Material Breach, the non-defaulting party shall have the option (upon the expiration without cure of any applicable cure period) to: (a) terminate in whole or in part this Contract or any related Statement of Work, Task Order or Change Order, (b) seek remedies pursuant to this Contract (c) seek any other remedies in the Contract, in law, or at equity, to the extent not otherwise limited by the terms of this Contract , or (d) any combination thereof.

2.33.3 City Termination for Cause. (06/12) In addition to Material Breach, the City may terminate this Contract for the following reasons, which constitute cause for purposes of this Section:

A) Bankruptcy. The City may terminate this Contract if Contractor: (a) becomes

insolvent, makes a general assignment for the benefit of creditors; (b) suffers or permits the appointment of a receiver for its business or assets; (c) becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, and such proceeding has not been dismissed within a sixty (60) day period; or (d) has wound up or liquidated, voluntarily or otherwise.

B) Maintenance Default. The City may terminate this Contract for Material Breach if Contractor fails to provide Warranty or Maintenance services or Contractor has not cured its failure to provide Maintenance as provided and paid for in this Contract.

C) System or Product of Software Performance Default. The City may terminate this Contract for Material Breach if the System or Product exhibits defects causing serious disruption of Use and/or repeated periods of downtime, over a continuous period of six (6) months or more.

D) Software Code. Inclusion of illicit code as set forth in Warranty and Representations,


shall be considered a Material Breach of the Contract and no notice or cure period will apply. In addition to any other remedy available to it under this Contract with respect to any such Material Breach, the City reserves the right to pursue any civil and/or criminal penalties available to it against a Contractor, including without limitation the Deceptive Trade Practices & Consumer Protection Act, the Computer Crimes Law, Computer Fraud and Abuse Act, and any other remedy at law or equity.

E) Void Assignment. In the event that Contractor assigns its obligations to provide

Products and/or Services under this Contract to any third party in a manner other than as set forth in Assignment, the City shall have the option to terminate this Contract or any Statement of Work or Change Order for Products and/or Services, and promptly receive a pro rata refund for fees paid for such Products and/or Services.

2.33.4 Termination for Force Majeure. (06/12) The Parties may terminate this Contract due to a Force Majeure event only as set forth in Section 2.2.1(Force Majeure).

2.33.5 City Termination for Contractor Breach. (11/12) In the event of termination by the City due to a Material Breach by Contractor, then the City may complete the Project itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this Contract, then Contractor shall pay to the City the amount of the reasonable excess. In the event of any Material Breach by Contractor, which Breach shall not have been cured as agreed to between the Parties, the City shall have the ability to pursue the City’s rights at law. Any specific reference in this Contract to “Material Breach” shall not be construed to limit the City’s claims for Material Breach to those specific provisions.

2.33.6 Contractor Termination for City Breach. (06/12) In the event of Material Breach of this

Contract by the City, then Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in Payment.

2.34 Waiver. (04/10) No waiver of any breach of this Contract shall be held to be a waiver of any other

or subsequent breach of this Contract. 2.35 Remedies. (04/10) The remedies provided in this Contract are cumulative, and may be exercised

concurrently or separately. The exercise of any one remedy shall not constitute an election of one remedy to the exclusion of any other.

2.35.1 Software. (04/10) In the event of Software failure as set out in the General Provisions

above, the City shall have the right to one or more of the following non-exclusive remedies: (A) Contractor provide engineering support on site at the City’s location with Source Code for the Software, if necessary for resolving the problem causing the breach. The City has the option to assign one or more of its full time employees to assist Contractor's engineer(s) in repairing the problem. Contractor retains copyright and all ownership rights to the Source Code and any changes made during this on-site period if such repair involves Software. The City agrees to maintain confidentiality of the Source Code and all residual know-how and knowledge that may be transferred to City employees as a result of this effort; however, the City shall be entitled to


use the Source Code for purposes of error correction or operations continuity, at the City’s sole discretion; or (B) the City may terminate this Contract in its entirety or solely as to the affected Statement of Work or Change Order and exercise the remedies included in this Contract, in the City’s sole discretion. 2.35.2 Maintenance. (11/12) In addition to any other remedies provided for in this Contract or at law or in equity, the City shall have the right to obtain one or more of the following non-exclusive remedies in the event of any Material Breach involving Maintenance under this Contract by Contractor: (a) suspension of contested payment obligations accruing during the period for which Contractor is in Material Breach; (b) termination of this Contract in its entirety as set forth in Section 2.31, Termination of this Agreement, or of any affected Maintenance Request, in the City’s sole discretion; and (c) a refund of all fees for Maintenance paid by the City to Contractor for the period beginning from the date of the Material Breach to the end of the Term.

2.36 Severability. (04/10) Any section of this Contract which is held or declared void, invalid, illegal or otherwise not fully enforceable shall not affect any other provision of this Contract and the remainder of this Contract shall continue to be binding and of full force and effect. This Contract shall be binding upon and inure to the benefit of the City and its successors and assigns.

2.37 Rolling Estoppel. (11/12) Unless otherwise notified by Contractor, it shall be understood that the

City shall have met all its obligations under the Contract. The City will be conclusively deemed to have fulfilled its obligations, unless it receives a written deficiency report from Contractor specifying the nature of the deficiency with citations to relevant contractual provisions by the fifteenth (15th) day of the month following the month of the alleged deficiency and Contractor identifies the specific deficiency in the City’s fulfillment of its obligations in that report. Deficiencies must be described in terms of how they have affected a specific performance requirement of Contractor.

2.37.1 (11/12) Contractor is estopped from claiming that a situation has arisen that might otherwise justify changes in Project timetable, the standards of performance under the Contract or the Contract price, if Contractor knew of that situation and failed to include it in the applicable written deficiency report.

2.37.2 (11/12) In the event Contractor identifies a situation that is impairing Contractor’s ability to perform for any reason, Contractor’s deficiency report should contain Contractor’s suggested solutions to the situation. These suggestions should be in sufficient detail so that the City’s Project Managers can make a prompt decision as to the best method of dealing with the situation and continuing the Project in an unimpeded fashion.

2.37.3 (04/10) If the problem is one that allows Contractor (within the terms of the Contract) to ask for changes in the Project timetable, the standards of performance, the Project price or all of these elements, the report should comply with the Change Order procedure.

2.38 Business License. (04/10) Contractor shall register for a City of Portland business license as required by Chapter 7.02 of the Code of the City of Portland prior to beginning work under this Contract. Additionally, Contractor shall pay all fees or taxes due under the Business License Law and the Multnomah County Business Income Tax (MCC Chapter 12) during the full term of this


contract. Failure to be in compliance may result in payments due under this Contract to be withheld to satisfy amount due under the Business License Law and the Multnomah County Business Income Tax Law.

2.39 EEO Certification. (04/10) Contractor shall be certified as Equal Employment Opportunity

Affirmative Action Employer as prescribed by Chapter 3.100 of the Code of the City of Portland and maintain their certification throughout the term of the Contract.

2.40 Non-Discrimination in Benefits. (04/10) Throughout the term of the Contract, Contractor shall provide and maintain benefits to its employees with domestic partners equivalent to those provided to employees with spouses as prescribed by Chapter 3.100 of the Code of the City of Portland. The required documentation must be filed with the Bureau of Purchases, City of Portland, prior to Contract execution.

2.41 Sustainability. (04/10) Pursuant to the City’s Sustainable City Principles, which direct City Bureaus to pursue long-term social equity, environmental quality, and economic vitality through innovative and traditional mechanisms, Contractor is encouraged to incorporate these Principles into its scope of work with the City wherever possible. Therefore in accordance with the Principles and the City's Sustainable Procurement Policy, it is the policy of the City of Portland to encourage the use of products or services that help to minimize the human health and environmental impacts of City operations. Contractor is encouraged to incorporate Environmentally Preferable products or services into its work performance wherever possible. "Environmentally Preferable" means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.

2.42 Packaging. (11/12) All packaging should be minimized to the maximum extent possible without compromising product quality. The City encourages packaging that is reusable, readily recyclable in local recycling programs, is made from recycled materials, is collected by Contractor for reuse or recycling, or any combination of the foregoing.

2.43 Permissive Cooperative Procurement. (11/12) Pursuant to ORS 279A.215, as additional

consideration for this Contract, Contractor agrees to extend an option to purchase any Product, Equipment or Services covered under this Contract at the same prices as are specified in Exhibit G for purchase by the City, under the same terms and conditions to all regional public agencies in Oregon or Southwest Washington. Each participating agency will execute its own Contract with the Contractor for its requirements.

2.44 News Releases and Public Announcements. (11/12) Contractor shall not use the City seal or other representations of the City in its external advertising, marketing, website, or other promotional efforts, nor shall Contractor issue any news release or public announcements pertaining to this Contract or the Project without the express written approval of the City. Such approval may be withheld in the City’s sole discretion. If approval is not issued within ten (10) business days from receipt of the request, the request shall be deemed denied. Contractor shall not use the City seal without specific written permission from the City Auditor.


2.45 Survival. (11/12) All obligations relating to confidentiality; indemnification; publicity;

representations and warranties; proprietary rights; term licenses exceeding the term of this Contract and perpetual licenses, including without limitation licensing obligations as stated in this Contract; limitation of liability; remedies; and obligations to make payments of amounts that become due under this Contract prior to Termination or expiration (except that payments for Services not performed by the date of Termination shall be prorated) shall survive the Termination or expiration of this Contract and shall, to the extent applicable, remain binding and in full force and effect for the purposes of dispute resolution and the ongoing business relationship by and between Contractor and the City. Nothing in this Contract shall alter, modify, or supersede the content and survival of such provisions, except as otherwise expressly agreed to in writing by the Parties and with the prior written approval of the City Attorney’s office. Terms of this Contract relating to such licensed Product, Maintenance and Upgrades shall survive expiration of the Contract.


SECTION 3 SOFTWARE LICENSE SPECIFIC PROVISIONS 3.1 Application. (11/12) In addition to the General Provisions provided in Section 2, these provisions

shall apply to all Software, including Updates, Upgrades, Software Enhancements, Customizations, or Software preloaded into Equipment. These Provisions shall not cover any Third Party Software supplied by Contractor except where specifically addressed. Should any ambiguities or conflicts arise between this Section 3 and Section 2 (General Provisions), this Section 3 shall prevail over Section 2 only in matters of Software, Upgrades, Enhancements, Customizations, and Repairs.

3.2 Grant of License. (11/12) Contractor hereby grants the City a non-exclusive, perpetual, irrevocable

license to use, access, and operate all Software, whether or not Contractor is the original manufacturer of the Software, including without limitation all Software that is preloaded on any Equipment. The City owns the perpetual license to all Software regardless of whether or not the City purchases maintenance or support. Contractor shall be responsible for securing licenses for the benefit of the City to all Third Party Software required for the System, which shall be subject to the provisions of this Contract. Except as otherwise expressly provided in this Contract, Contractor grants the right to use, access and operate the Software without restriction, as may be applicable, to any number of City Users, geographic area, market, location, duration, CPU, site, MIPS, or other measurement or platform restrictions, including platform operating systems. If the Software is permanently installed on the hard disk or other storage device of any computer (other than a network server) functioning as a component of the System and one person uses that computer more than eighty percent (80%) of the time it is in use, then that person may also use the Software, subject to the provisions of this Contract, via remote access, on a portable or home computer or other handheld device. In the event that any such person is unable to perform duties or is replaced for any reason whatsoever, all rights and privileges granted in this Contract shall apply to substitute or replacement personnel.

3.3 Copies. (04/10) The City may reproduce the Software and Documentation, and any computer-

based training modules (“CBTs”), if applicable, provided that each copy thereby produced shall be marked with Contractor’s proprietary markings as delivered to the City. Unlimited copies of Software may be used for testing, including testing within a City lab, or other lab as agreed to between the Parties, on a mirrored server for purposes of redundancy, back up, archive, and disaster recovery purposes and in such manner as may be necessary to facilitate the continuation of the City’s governmental operations.

3.4 Escrow of Source Code. (04/10) The escrow of Source Code for the Software shall be governed by

a separately executed Source Code Escrow Agreement, the terms and conditions of which shall be agreeable to the City and which shall be incorporated and attached as Exhibit X.

3.4.1 (06/12) Upon release of the Source Code pursuant to the Escrow Agreement, the City shall have the additional right to modify the Source Code. The rights provided for in this Escrow Agreement shall be in addition to those granted to the City as licensee under this Contract.

3.5 Ownership. (11/12) Contractor shall retain all ownership rights, including trademarks, patents,

copyrights, and other forms of intellectual property, in pre-existing or independently developed


Software that is not considered work product under this Contract.

3.5.1 (04/10) Title to all tangible personal property, including title to the medium or media of delivery of the Software, shall vest in the City upon delivery.

3.6 Credit for Technology Migration (11/12)

3.6.1 The City shall have the right, but not the obligation, to retire any existing Software in connection with a technology migration. If the City exercises this right, Contractor shall credit the City’s account with one hundred percent (100%) of fees paid in advance for any Software retired and replaced. The credit shall be applied toward the fee otherwise owing for acquisition of the new Software.

3.6.2 If the City licenses Software for installation on a particular hardware platform, and such Software is available on multiple hardware platforms, if the City elects to migrate to another hardware platform, the City will notify Contractor of the City’s intent to migrate such Software and Contractor will assist the City with the migration at no additional licensing or other cost to the City. Contractor shall promptly deliver to the City a version of such Software appropriate to the platform to which the City wishes to migrate and the City will cease to use Software licensed on the initial platform and either (a) return such Software and Documentation therefore to Contractor; or (b) certify destruction of such Software and Documentation, as may be mutually agreed to by Contractor and the City, except that the City may retain one back up copy for archive purposes.

3.6.3 Unless otherwise agreed to by the City and expressly stated in writing, cessation of use of any Software or Product customized or developed by Contractor for the City under this Contract shall not require return of such Software or Product to Contractor by the City. Contractor shall gain no right whatsoever in any such Software or Product due to the City’s cessation of use.

3.7 Substitution of Software at No Charge. (11/12) In the event that Contractor ceases to provide

Maintenance for any Software, Contractor shall substitute functionally similar new Software, which shall conform in all aspects to the Acceptance Criteria and shall in no way degrade performance or functionality of the System, at no additional cost to the City.

3.8 Infringement Indemnity. (11/12) Contractor shall, at its own expense, hold harmless, indemnify,

and defend the City, its directors, officers, employees, agents and Affiliates from and against any and all claims, demands, damages, liabilities, losses, and expenses (including reasonable attorney fees, whether or not at trial and/or on appeal), arising out of or in connection with any actual or alleged violation or infringement of any proprietary right of any person whosoever, including any copyright, patent, trade name, trademark, or misappropriation of the trade secrets of any third party. The City agrees to notify Contractor of the claim and gives Contractor sole control of the defense of the claim and negotiations for its settlement or compromise. No settlement that prevents the City’s continuing use of the Software or Products shall be made without the City’s prior written consent. If any third party claim causes the City’s use of the Software to be endangered, restricted or disrupted, Contractor shall (i) cause the Software to be replaced, at no additional charge, with a compatible functionally equivalent and non-infringing product; (ii) cause the Software to be modified to avoid the infringement; (iii) obtain a license for the City to


continue using the Software and pay any additional fee required for such license; or (iv) if, after Contractor uses its best efforts, none of the foregoing alternatives is possible, Contractor will terminate the license and refund to the City license fees actually paid by the City and any direct damages documented by City for the affected Software and Documentation.

3.9 Security. (04/10) Contractor shall provide immediate notification to the City’s Information

Security Manager and the City’s Project Manager of any online security breach that affects City systems. Contractor shall provide notification to the City’s Project Manager of any incident relating to System integrity such as a computer virus. 3.9.1 (04/10) Contractor shall comply with City of Portland, Bureau of Technology Services Security Standards. Specifically Contractors must comply with Technology Services, Information Security Administrative Rules 2.01, 2.02, 2.08, 2.12 and 2.15. These rules are located at: http://www.portlandonline.com/auditor/index.cfm?c=26821. 3.9.2 (04/10) Contractors providing or having access to data containing City Confidential Information or personally identifiable information (as defined in the Oregon Consumer Identity Theft Protection Act, ORS 646A.600 to 646A.628) must maintain and demonstrate compliance with the following: Oregon Consumer Identity Theft Protection Act, ORS 646A.600 to 646A.628. Specifically Contractors must develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of the personal information, including disposal of the data. Contractors must also provide immediate notification to the City of a data security breach (as defined) and in cooperation with the City, provide notice to affected consumers. Any costs or fees incurred by the City due to Contractor's data breach, including but not limited to notification, consumer credit reports or fines by the Department of Consumer and Business Services, shall be reimbursed to the City by Contractor. 3.9.3 (11/12) Additionally, any Contractor who provides or has access to Software which processes or interacts with credit or debit card information must also be compliant with the following: 3.9.4 (04/10) Payment Card Industry - Data Security Standard (PCI-DSS). The most current version is 1.2. These standards are maintained at www.pcisecuritystandards.org.


SECTION 4 MAINTENANCE SPECIFIC PROVISIONS - (04/10) Required or Waived 4.1 Application (11/12) In addition to the General Provisions provided in Section 2, these

provisions shall apply to all Maintenance and Repairs to the System, including all Software, Equipment, and Product(s). These provisions shall also cover any Third Party Software supplied by Contractor as components of the System. Should any ambiguities or conflicts arise between this section and Section 2 General Provisions, this section shall prevail over Section 2 in matters of Maintenance and Repair.

4.2 Term. (04/10) Contractor’s obligations in connection with Maintenance shall be for twelve months,

commencing on the date of expiration of the Warranty Period. The City shall have the option to renew Maintenance support for 12-month periods as long as this Contract is in effect, at the price for annual Maintenance support set forth in this Contract.

4.3 Services Included. (04/10) During the Warranty Period and any period of Maintenance, Contractor

shall provide solutions, changes and corrections to the System as required to keep the System conforming in all material respects to the Acceptance Criteria and all applicable Documentation, and to correct reported problems that are replicated and diagnosed by the City as defects or Errors in the System. Services shall include the following:

4.3.1 Preventative. (04/10) Maintenance shall include preventative services and tools for the System such as, without limitation, (A) the development, release and assistance in installation of Updates and Upgrades which are designed to prevent operational errors, bugs, viruses, and the like; and (B) the monitoring, queue management, evaluation, or any other similar diagnostic applications or tools, and assistance in the installation and operation of same.

4.3.2 Repair. (04/10) Within the time specified herein, Contractor shall repair all Errors that have been identified by Contractor or by the City in Maintenance Requests, by (A) if Software, providing patches on diskette, CD ROM or by download or electronic mail; or (B) if Equipment, dispatching a repair team, or authorizing items to be sent to Contractor repair facilities as applicable in which case Contractor shall provide backup Equipment as a hot swap pending repair and/or replacement of the defective component; Contractor shall provide additional or supplementary new Operating System Software code, loaner Equipment or reasonable workarounds to assist the City in reducing the impact of such failure to the City’s operations. Contractor shall replace defective Software that cannot be repaired. Contractor shall replace defective Equipment with like equipment if the defect is non-repairable, and or repair costs would exceed the then depreciated value of the Equipment, less any trade-in value. In the event that neither replacement nor Repair can be made, the remedies, as stated within this Contract, at the City’s sole discretion shall apply. A work around or patch which temporarily eliminates the symptoms of the particular Error or failure reported, but impairs the efficiency of the City’s operations, shall be deemed an “interim repair,” not a Repair. An interim repair cannot last longer than seven (7) calendar days, unless otherwise mutually agreed in writing by both Parties.

4.3.3 Telephone Helpline/Staffing. (04/10) During the Coverage Hours Contractor shall maintain a no-cost telephone hotline. Contractor shall staff the hotline with competent technical consultants who shall be trained in and thoroughly familiar with the System and with the City’s applicable configuration. Telephone support and all communication shall be delivered in


English.

4.4 Response. (04/10) Contractor’s support specialists shall respond to a Maintenance Request from City within the times specified in this Contract. Such response times shall be measured from the time a City contact requests support.

4.5 New Releases/Upgrades. (04/10) In the event the Software is upgraded, modified, or enhanced,

including interim Updates, block releases, patches or fixes of major or minor bugs, Contractor shall automatically provide such Upgrades, Updates, changes, enhancements, or fixes to the City at no additional cost. The Maintenance cost under this Contract is intended to include those Updates/Upgrades listed in the previous sentence and therefore will remain unchanged and will not be increased due to such Upgrades, Updates, enhancements, or fixes.

4.6 Training. (04/10) At the City’s request, Contractor shall provide the City on-site training in connection with Upgrades or major repairs that change the functional operation of the System or any Software or Equipment component whether repair or alteration is a permanent or interim modification. Training shall be provided at no cost to the City and a time and location convenient to the City’s business operations and staff.

4.7 Version Support. (04/10) If the City elects not to install any Software or Product Upgrade,

Contractor shall, at the City’s request, maintain the ability to support up to two (2) earlier versions of the Product(s) in operation. Contractor shall provide the City with at least twelve (12) months prior written notice, before discontinuing Maintenance in support of Product(s) currently in use by the City. After such discontinuation, the City may obtain back-level support upon payment of a fee that shall not exceed one hundred and ten percent (110%) of the annual Maintenance fee for the most current version of the component Product.

4.8 Redundant Systems. (11/12) Contractor shall provide Maintenance for a redundant System or

Product on the exact same basis as for a primary System or Product. All rights, obligations, warranties, and other Services which apply and extend to a primary System or Product shall apply and extend to an equal extent to a redundant System or Product.

4.9 Other Standard Services. (04/10) Contractor shall, at no additional cost to the City, provide other

standard services which Contractor offers to its customers generally.

4.10 Severity Level, Escalation, and Response Time. (11/12) Contractor shall provide Maintenance as outlined in this section under the response and resolution times set forth for specific severity levels in the table below. Regardless of Service specifications in a subsequent Task Order or Change Order, Contractor shall, at a minimum, respond timely to Maintenance Requests by, depending upon the nature of the Error identified, diagnosing the problem on-line; assisting over the telephone; sending patches, code fixes or workarounds; replacing any defective System, Equipment, Software or Product(s), providing loaner Product, installing and testing of the Software and Equipment; or, if necessary, sending personnel to the City’s site to deliver Maintenance Service in person. In the event of an Error, the City shall have direct access, without prior escalation, to competent technical consultants who shall be trained in and thoroughly familiar with the Software, Equipment, or Product and with the City’s applicable configuration. Should remote access be required, Contractor will follow all City policies regarding remote access including completion of a Remote VPN Access Form. The Remote VPN Access Form is


available at http://www.portlandonline.com/bts/index.cfm?c=49863.

Severity Levels of Errors or Defects

Level Definition Response Commitments Resolution Commitments

1 A critical function is inoperative, causing significant impact to City operations, and no work-around is available, or errors or defects that cause significant amount of data to be lost.

Response time shall not exceed two (2) hours. Contractor shall submit progress reports outlining the status of resolution, at least once every two (2) hours thereafter, unless the Parties agree to written progress reports at some other interval.

Resolution time shall not exceed eight (8) business hours.

2 A non-critical function or overall performance is materially impaired, or a critical function is impaired but temporary work-around is available.

Response time shall not exceed four (4) hours (counting hours around the clock). Contractor shall submit progress reports at least once every eight (8) hours thereafter, unless the Parties agree to progress reports at some other interval.

Resolution time shall not exceed three (3) Calendar Days.

3 A problem arises which does not materially impair the City’s essential operations

Response time shall not exceed one (1) Calendar Day.

Resolution time shall not exceed fifteen (15) Calendar Days; or if the problem is Software, the next Upgrade is scheduled to be released within thirty (30) days of the problem report, then at the subsequently scheduled release.

4 The City requires information or assistance about product capabilities or installation configuration.

Response time shall not exceed one (1) business day.

Resolution is not necessary as no defect exists.


In the event that Contractor fails to resolve a problem within the time period set forth in Section 4, the following terms and conditions shall apply:

Failure Severity Level

Contractor’s Obligations

1 Upon the City’s notification to Contractor of Contractor’s failure to resolve a

Severity 1 Error or defect within the resolution time set forth in the previous table, Contractor shall immediately provide expert personnel to resolve the problem, either on-site or by means of secure remote access, at City’s sole option. All costs incurred in connection with on-site or remote support shall be borne by Contractor. Contractor shall maintain such expert support until the Error or defect is repaired to the satisfaction of the City. In the event that the failure is not resolved within twelve (12) hours from the time of the City’s notification, City may deem Contractor in Material Breach of its obligations under this Contract.

2 Upon the City’s notification to Contractor of Contractor’s failure to resolve a Severity 2 Error or defect within the resolution time set forth in the previous table, Contractor shall immediately provide expert personnel to resolve the problem, either on-site or by means of secure remote access, at City’s sole option. All costs incurred in connection with on-site or remote support shall be borne by Contractor. Contractor shall maintain such expert support until the Error or defect is repaired to the satisfaction of the City. In the event that the problem is not resolved within ten (10) days from the time of the City’s notification, the City shall be entitled, at the City’s option, to (a) continue using the System until resolution is achieved, during which time Maintenance shall be at no charge or; (b) require that Contractor replace the System, Equipment, Software, or Product; or (c) return the System, Equipment, Software, or Product to Contractor at Contractor’s cost, and receive a refund of all costs paid by the City including the annual Maintenance fee in addition to any other remedies to which the City may be entitled.

3 Upon the City’s notification to Contractor of Contractor’s failure to resolve a

Severity 3 Error or defect within the resolution time set forth in the previous table, the Contractor shall immediately provide expert personnel off-site to resolve the Error or defect. All remote access and off-site assistance shall be at no additional cost to the City. If Contractor cannot resolve the Error or defect off-site within five (5) days after the City’s notification, Contractor shall immediately provide a sufficient number of expert personnel, (using remote access via a City-approved secure methodology), on an around-the-clock basis to resolve the problem within 48 hours. If the City elects, the City may also require Contractor to provide simultaneous on-site support. Contractor shall maintain such support until the problem is resolved


Failure Severity Level

Contractor’s Obligations

to the satisfaction of the City. However, in the event Contractor’s solution is a work-around or patch, the use of which, in the City’s sole opinion, adversely impacts the City’s operations, Contractor is required to provide a final resolution to the City’s satisfaction. In the event that the Error or defect is not resolved within thirty (30) days from the time of the City’s initial notice of failure to resolve the Error or defect, the City is entitled, at the City’s option, to (a) continue using the System until resolution is achieved; (b) require Contractor to replace the System or the failed component; or (c) return the System. Equipment, Software, or Product, at Contractor’s cost, and Contractor shall promptly refund to the City all costs including the annual Maintenance fee paid by the City, in addition to any other remedies to which the City may be entitled.

4.12 Failure to Provide Maintenance. (04/10) In addition to the City’s rights and remedies as set forth

in the table above, Contractor shall pay the City a percentage of the annual Maintenance Fees for the System under the current year of Maintenance, calculated as follows:

Maintenance Fee Refund Schedule

Status of Maintenance Problem

Period of Failure (following Restore Time

Period)

Percentage Refund of Annual Maintenance Fee

Severity Level 1 or 2 0 to 8 hours 17% 9 to 16 hours 34%

17 to 24 hours 51% 25 to 32 hours 68% 33 to 40 hours 85% 41 to 48 hours 100% Severity Level 3 0-1 days 20% 2-3 days 50% 4-5 days 75% 6-7 days 85% 8-9 days 95% 9-10 days 100% For the purposes of this Section, the term “Failure” means the partial or complete inability of the System to operate in accordance with the Acceptance Criteria, or Documentation and “Severity Level” means the level at which the City’s operations are adversely affected by the Failure of the System, as defined in the first table titled Severity Levels of Errors or Defects.

4.13 Access to City Facilities. (11/12) Contractor agrees that Contractor’s physical or remote access to

the City facilities shall be subject to the security interests and policies and controls necessary to protect public property, and the City shall not be liable for any delays necessary in granting


Contractor access to any portion of the facilities or systems.


SECTION 5 ACCEPTANCE TESTING 5.1 Right to Perform Acceptance Testing. (11/12) Prior to Accepting the System, the City shall have

the right to perform Acceptance Testing. Contractor shall cooperate with the City in the development of Acceptance Criteria and the Acceptance Test Plan that shall codify and set forth the location, date, and other specifications of the test.

The Acceptance Criteria shall be attached as [Exhibit X] to this Contract. The Acceptance Test Plan shall be attached as [Exhibit X].

5.2 Procedure and Timetable. (04/10) Unless otherwise specified,

5.2.1 The City shall commence the Acceptance Test no later than ( ) days after Delivery of the System;

5.2.2 Contractor shall provide, at no additional cost, reasonable and appropriate support, assistance, and consultation regarding the System in order to facilitate Acceptance Testing;

5.2.3. Acceptance Testing shall not exceed thirty (30) days; and The City will make all reasonable efforts to complete the Acceptance Test within the time period specified. If the Acceptance Test is successful the City shall issue a Certificate of Acceptance, a sample of which is attached as Exhibit F.

5.3 Failure of Acceptance Test. (04/10) The City will notify Contractor if the System or a portion of

the System, fails to pass an Acceptance Test and will specify in reasonable detail the identified failures and possible reasons for failure. After City’s notification, Contractor shall correct the System, or the affected portion, within ten (10) days and notify the City that the Correction has been completed. After Contractor’s Correction notification, the City shall perform a second Acceptance Test. If the System, or portion of the System, fails to pass the second Acceptance Test, the City shall notify Contractor in writing, and the City may, in its sole discretion: (a) terminate the Contract or Statement of Work or Change Order with no further liability; (b) request Contractor to replace the System or defective portion of the System at no additional cost to the City, c) request Contractor make further corrections to prepare for retesting again; (d) accept the System at a reduced cost to be negotiated between the Parties; or (e) issue an Acceptance Certificate entitled “Acceptance with Exception(s).”

5.3.1 (04/10) If the City issues an “Acceptance with Exception(s)” the City will list the exception(s) and the date for Contractor’s correction. If exceptions are corrected by the listed date(s) the City agrees to commence further Acceptance Testing of the System or affected portion(s). If the System passes the Acceptance Tests, the City will issue a Certificate of Acceptance. 5.3.2 (04/10) If a System fails a second Acceptance Test (or in the event of a single Acceptance Test, the Acceptance Test) in no event shall there be an increase to the original price agreed to by the Parties for the System.


5.4 City Acceptance of Failure. (04/10) If the City elects to accept the System or any combination of Products even with the failure(s), then the City may request that Contractor issue a refund to the City in an amount equal to a percentage of the full fee value of the System that the Parties mutually determine represents the loss of functionality of the System. 5.5 Revocation of Acceptance. (11/12) The City shall have the right to revoke “Acceptance with Exception(s)” if the City granted an “Acceptance with Exception(s)” based on Contractor’s commitment to correct the Error within a reasonable period of time, but the defect has not been so corrected.

The City shall also have the right to revoke Acceptance if the City accepted the System without discovery of the defect, and the Acceptance was reasonably induced by Contractor’s assurances or by the difficulty of discovery of the defect before Acceptance. Revocation is effective only if it occurs within a reasonable time after the City discovers or should have discovered the reasons for revocation.

5.6 Termination Based on Failure of Acceptance. (11/12) If the System fails to pass the Acceptance Test(s), the City may terminate this Contract for Material Breach. Contractor shall refund all costs paid for the System including, without limitation, any combination of Products in U.S. Dollars within fifteen (15) Days. The refund shall be in cash or its equivalent and not in the form of future credits from Contractor. 5.7 No Waiver. (04/10) Acceptance shall not relieve Contractor from its responsibility under any Warranty. Payment for Products or the System does not constitute Acceptance nor does it constitute a waiver of any Warranty applicable to the City.


SECTION 6 PUBLIC CONTRACTING 6.1 Public Contracts. (04/10) Contractor shall observe all applicable state and local laws pertaining

to public contracts. ORS Chapters 279A, 279B and 279C require every public contract to contain certain provisions. Pursuant to those chapters, the following provisions shall be a part of this Contract, as applicable:

6.2 4/10) Pursuant to ORS 279B.220, on every public contract, Contractor shall make payment

promptly, as due, to all persons supplying to Contractor labor or material for the performance of the work provided for in the Contract; shall pay all contributions or amounts due the Industrial Accident Fund from Contractor or Subcontractor incurred in the performance of the Contract; not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished; and pay to the Department of Revenue all sums withheld from employees under ORS 316.167.

6.3 (04/10) Pursuant to ORS 279B.230(1), in every public contract, Contractor shall promptly, as

due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services.

6.4 (04/10) Pursuant to ORS 279B.230(2), in every public contract, all subject employers working

under the Contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126.

6.5 (04/10) Pursuant to ORS 279B.235(1), persons may not be employed for more than ten (10)

hours in any one day, or forty (40) hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it. In such cases, the employee shall be paid a) at least time and half pay for all overtime in excess of eight (8) hours in any one day or forty (40) hours in any one week when the work week is five (5) consecutive days, Monday through Friday; or b) for all overtime in excess of ten (10) hours in any one day or forty (40) hours in any one week when the work week is four (4) consecutive days, Monday through Friday; and c) for all work performed on Saturday and on any legal holiday specified in ORS 279B.020.

Pursuant to ORS 279B.235(3), when performing professional services, the employee shall be paid at least time and a half for all overtime worked in excess of forty (40) hours in any one week, except for individuals under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 USC 201 to 209 from receiving overtime.


SECTION 7 TRAVEL - Required or Waived 7.1 Reimbursement. (11/12) Contractor may be reimbursed, upon advance written approval by authorized

City personnel, for certain expenses incurred in connection with Contractor’s personnel assigned to provide services for the City on the City’s site. All invoices shall be accompanied by original receipts and any additional backup that may be appropriate. Reimbursement will be made based on the following guidelines:

7.2 Commercial Air Travel (04/10) Commercial air travel reservations are to be arranged based on the

lowest coach fare available within a reasonable time frame surrounding the desired arrival or departure time. The City shall reimburse Contractor for one round trip to the subject work location, unless otherwise agreed to by the City in writing. When possible, air travel arrangements should be reserved at least seven (7) to fourteen (14) days in advance. Direct billing for commercial air travel is NOT permitted; however, City may elect to arrange travel reservations on behalf of Contractor personnel. Weekend travel is not reimbursable, unless otherwise agreed to by the City’s Project Manager in writing. In the event weekend travel is reimbursed, such reimbursement shall be made based on an amount up to and in lieu of any authorized per diem amounts and, if applicable, any other daily expense reimbursement.

7.3 Rental Cars/Surface Transportation. (04/10) Contractor shall choose the most economical mode of

transportation. Vehicle rental will be reimbursed based on a minimum ratio of one (1) compact auto per two (2) Contractor personnel. Reimbursement for vehicle rental will not be approved for Contractor personnel falling below that ratio. Cost for additional insurance is not reimbursable, nor will reimbursement be permitted for fuel obtained at a vehicle rental agency. City does not assume any liability of any type in connection with rental vehicles reserved or operated by Contractor personnel. Direct billing for rental vehicles is not permitted. If the City’s Project Manager elects to provide a per diem for auto rental, such per diem shall be the same per diem as allowed for City employees. The City will reimburse Contractor personnel for surface transportation such as taxicabs, shuttles, and mass transit, at actual cost when reimbursement requests are accompanied by original receipts.

7.4 Lodging. (11/12) Contractor’s personnel shall arrange for their own lodging. The City will reimburse

Contractor for daily lodging expenses per individual employee based on GSA per diem rates; such per diem shall be the same per diem as allowed for City employees. GSA lodging allowances can be found at the U.S. General Services Administration website: http://www.gsa.gov/portal/category/100120

7.5 Meal and Incidental Expenses (M&IE) (11/12) The City will provide per diem for each full day

(eight hours) worked for Contractor personnel assigned to deliver Services. The per diem rate will be the same as the one published on the U.S. General Services Administration website, identified as the Meal and Incidental Expenses (M&IE) for the Portland, Oregon area. GSA per diem rates can be found at the U.S. General Services Administration website: http://www.gsa.gov/portal/category/100120

7.6 Personal Entertainment. (11/12) Expenses incurred for personal entertainment while traveling on the

City business are not reimbursable. Personal entertainment includes without limitation items such as in-room movie charges, sightseeing, attendance at sporting events, reading materials, birthday gifts, haircuts, etc. The City shall have sole discretion in determining whether a disputed item is excluded personal entertainment.


SIGNATURE PAGE

(11/12) These Master Terms and Conditions, together with all Exhibits, Attachments and those documents which by their reference have been incorporated herein, constitutes the entire Contract between the City and Contractor and supersedes all proposals, oral and written agreements, between the Parties on the subjects addressed in this Contract. The Parties agree that they may execute this Contract and any Amendments to this Contract, by electronic means, including the use of electronic signatures. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed. CITY OF PORTLAND CONTRACTOR

Chief Procurement Officer Date Authorized Signature Date Christine Moody Printed Name Printed Name and Title

Approved as to Form Address:

Phone: Fax: Office of City Attorney Date


Exhibit A to the Sample Technology System Master Contract

Contractor’s Price

The remainder of this page intentionally left blank


Exhibit B to the Sample Technology System Master Contract Statement of Work

1. Summary 2. Scope of Work 3. Deliverables The individual deliverables are described in more detail below: 4. Project Schedule The detailed Project Schedule is shown below (or as another Schedule to this Exhibit B) 5. Status Reports Contractor shall summarize activities under this Contract in written [weekly/monthly] status reports submitted to the City Project Manager. The status reports are due on the first day of the [week/month] and shall include summaries of all activities and deliverables completed in the prior [week/month]. The report shall include a list of any delayed items, a description of the problem, schedule impact, and a method of resolution. The item shall be carried over onto subsequent reports until the problem is resolved. A Sample Status Report is included as Schedule B-2 to this Exhibit B. 6. Place of Performance Contractor shall provide City with services at City locations as directed by the City Project Manager. Some portions of the work will be performed at Contractor facilities as agreed with the City Project Manager. 7. Project Management 7.1 The City’s Project Manager will be__________. The City may change City’s Project Manager

from time to time upon written notice to Contractor. Contact Information:


7.2 The Contractor’s Project Manager will be ____________.

Contact Information: The Contractor’s Project Manager will have the following responsibilities:

7.2.1. The Contractor’s Project Manager will be the primary point of contact between the City and the Contractor.

7.2.2. The Contractor’s project manager must bear full responsibility for supervising and coordinating the installation and deployment of the communications System; be responsible for development and acceptance of the project management Plan; managing the execution of the Project against that plan; and overseeing the day-to-day Project activities, Deliverables, and milestone completion.

7.2.3. The Contractor’s project manager must be responsible to coordinate daily activities with the City’s project manager. The City expects that the City personnel will maintain day-to-day involvement in the execution and management of the implementation and transition phases of the project. The Contractor’s Project Manager will be required to provide a clear definition and plan for interaction between Contractor and City personnel.

7.2.4 The Contractor’s Project Manager must be responsible for coordinating, and facilitating weekly status meetings.

7.3 The Contractor’s Project Engineer will be: Contact Information: The Project Engineer will have the following responsibilities:

7.3.1 The Project Engineer must have the primary responsibility for managing the System design and ensuring System installation in accordance with the approved System design. 7.3.2 The Project Engineer must ensure the accurate development of Documentation such as block diagrams, System-level diagrams, and rack diagrams to assist the installation team in completing the System installation.

7.3.4 The Project Engineer must also supervise the development and execution of the

Acceptance Test Plan, the Coverage Acceptance Test Plan, and guide the project team through the processes and procedures necessary to prove that the System performs as specified in the Contract.

8. Contractor Personnel Contractor shall assign the following personnel to do the work in the capacities designated, including all Subcontractors. Name Role on project


9. Quality Assurance [Include any applicable QA Standards or processes or Contractor’s proposed QA methodology] 10. Acceptance Criteria and Acceptance Test Plan Acceptance Criteria and the Acceptance Test Plan shall be reviewed jointly by the City’s Project Manager and technical experts from the City’s Bureau of Technology Services. When agreed, the Acceptance Criteria and Test Plan shall be attached here and incorporated into the Contract as Option 1 with Exhibits [XX and XX]. A sample Acceptance Certificate is incorporated in this Contract as [Exhibit F].


Exhibit C to the Sample Technology System Master Contract Sample Status Report for Services Provided by Contractor

STATUS REPORT FOR SERVICES PROVIDED BY CONTRACTOR

Week Ending __________________________ Contract No. ___________________________ Contractor ___________________________ Name and Title _________________________ 1. Key Status Indicators:

Description No Yes Explanation Has scope changed? Will target dates slip? Are there resource problems? Any other issues? 2. Major Activities Completed For Reporting Week (Key Accomplishments):

Activity Comment(s) 3. Major Activities Planned For Reporting Week and Not Completed:

Activity Comment(s) 4. Major Activities Planned For Next Week:

Activity Comment(s) 5. Status of Key Team Deliverables:

Activity Comment(s)


6. Major Issues Requiring Immediate Attention: Issue Resolution

7. Weekly Summary of Performance Individual:

Scheduled Activities complete incomplete Comment(s) Individual:



Scheduled Activities complete incomplete Comment(s)


Exhibit D to the Sample Technology System Master Contract

SAMPLE CERTIFICATE OF ACCEPTANCE (04/10)