INTRODUCTION

REQUEST FOR PROPOSAL (RFP)RFP#: 09112VF

To Provide Voice and Data Telecommunications

For

County of Erie, New York

April 9, 2009

Division of Information & Support ServicesEDWARD A. RATH COUNTY OFFICE BUILDING

95 FRANKLIN STREETBUFFALO, NEW YORK 14202

Erie County Voice & Data Telecommunications Request for Proposal

RFP#: 09112VF

Table of Contents

1 INTRODUCTION.........................................................................................................................................3

2 PRINCIPLES................................................................................................................................................5

3 GUIDELINES...............................................................................................................................................6

4 INSTRUCTIONS..........................................................................................................................................6

5 TELECOM VOICE SERVICES........................................................................................................................8

6 INTERNET ACCESS SERVICE.....................................................................................................................14

7 Data / WAN CIRCUITS.............................................................................................................................14

8 WIRELESS PHONE SERVICES....................................................................................................................17

9 MAINTENANCE AND CONTRACT SERVICES ….........................................................................................17

10 RFP STATEMENT OF RIGHTS...................................................................................................................19

CONFIDENTIALITY AGREEMENT......................................................................................................................28

Exhibit 4.1 Statement of Qualifications..........................................................................................................30

Exhibit 4.2 RFP Response................................................................................................................................32

Exhibit 5.1 Voice Network Diagram................................................................................................................33

Exhibit 5.2 Voice Diagram 2............................................................................................................................34

Exhibit 7.1 Data Network Diagram.................................................................................................................36

Page 2 of 36 Erie County Voice & Data Telecommunications RFP

RFP#: 09112VF

1 INTRODUCTION

1.1 OVERVIEW Erie County is sponsoring an initiative to explore the possibility of selecting new providers for the following services: Local, Long Distance telephone services, Equipment Maintenance on Existing Nortel Systems (MACS), Point to Point Networks, Frame Relay Networks, POTS services, Special access services, Wireless Services, ISDN BRI services, ISDN PRI services, DID services, Dedicated Internet services, Toll Free Services. This includes the local lines and associated usage for all of the County’s locations. The County is also open to new technology that would help them gain efficiencies or streamline overall communications and billing processes. The goals of this initiative include the following:

1) Ensure that Erie County is utilizing the most cost-effective vendor.2) Explore the possibility of utilizing any technological advances that are available.3) Standardize the pricing structure, and consolidate where appropriate.4) Simplify servicing (provisioning and maintenance) and billing processes.

It is the County's intent to select the Proposer that provides the best solution for the County's needs.

The County reserves the right to amend this RFP. The County reserves the right to reject any or all of the proposals, or any part thereof, submitted in response to this RFP, and reserves the right to waive formalities, if such action is deemed to be in the best interest of the County. The County reserves the right to request additional information from any proposer. The County reserves the right to award negotiated contracts to one or more proposers.

This RFP is not intended and shall not be construed to commit the County to pay any costs incurred in connection with any proposal or to procure or contract with any firm.

The County will only contract with firms that do not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, marital status, sexual orientation, citizenship status or any other status protected by New York State and Federal laws.

1.2 BACKGROUND Erie County is a metropolitan center located on the western border of New York State covering 1,058 square miles. Located within the County are three cities and 25 towns, including the City of Buffalo, the second largest city in the State, which serves as the County seat. County population is estimated at 924,139. Erie County is governed under a home rule charter that provides for the separation of legislative and executive functions. The County Executive, elected to a four-year term, is the chief executive officer of the County. The County Legislature, consisting of 15 members elected to two-year terms, is the County's governing body. Other elected positions are Comptroller, County Clerk,


RFP#: 09112VF

District Attorney, and Sheriff. The 2009 Erie County Annual Budget is $1.478 billion and appropriates funds for over 50 departments, divisions or other agencies.

1.3 EXECUTIVE SUMMARY The County of Erie Division of Information and Support Services (DISS) is challenged more than ever to operate efficiently, to deliver cost-effective, robust solutions, to protect Information Technology (IT) assets and to position the County’s IT infrastructure for the future. In response to these challenges the DISS is taking an enterprise view and approach with regard to the deployment of IT solutions that meet business goals. The 2008-2011 Strategic Plan for Information Technology provides a blueprint for the future direction of major technology initiatives. It gives appropriate and effective direction and will provide a foundation for providing better service to the County’s citizens.

The vision of the DISS strategic plan is to deliver leading-edge information technologies to support the business needs of Erie County government, on-demand, and at the lowest possible cost per transaction. To realize the vision, Erie County has created 3 strategic initiatives which are: # 1: Drive Operational Efficiencies# 2: Be More Customer-focused# 3: Protect and Enhance the Value of Our Assets

As such, our Voice and Data Telecommunications infrastructure is critical to our success in achieving the DISS vision. Since it is a core service, a core building block of DISS, and a substantial cost component of the DISS budget, it is with great anticipation that we submit this request for proposal (RFP) to our voice and data telecommunications business partners. Ultimately, we need our business partners to provide us with a voice and data solution that can make us achieves successes in all three strategic initiatives. We need solutions that not only comply with the existing configurations of today, but are scalable and flexible to support the ever increasing broadband demands. We are fairly certain that business applications and operating requirements will continue to demand more bandwidth, not less!

The selected business partner should not feel encumbered by our existing configuration; it should only worry that it satisfies the basic functionality of the configuration. As long as the respondent provides a transition plan and business justification for the change in configuration, we will strongly consider the solution if it achieves our vision.

The remaining sections of the RFP relate to how the successful respondent should respond. Sections 2-4 describe the County’s requirements to the basic form and structure of the response. Section 5-9 shows current configurations and current assessments of services.


RFP#: 09112VF

2 PRINCIPLES

2.1 GENERAL

2.1.1 Responses should be specific and brief. They should be provided directly following each question in this RFP. Any additional examples, such as attachments, should be labeled and clearly referenced to the corresponding section of the Response.

2.1.2 If any Provider has additional and/or “value-added” services, which are relevant to their response, they should include such services description as an attachment.

2.2 CONFIDENTIALITY

2.2.1 Erie County expects the Provider to respect the confidentiality of Erie County’s information. In its dealings with Erie County, the Provider may gain access to information regarding Erie County business or in the use, development, and acquisition of other services by Erie County. The Provider is required to complete and sign the confidentiality agreement supplied in this RFP. The Provider shall treat this RFP information as confidential and shall not disclose it to a third party, except where the information exists in the public domain.

2.2.2 Because of the competitive nature of this process, this RFP and the Responses will be kept strictly confidential until awarded and will be used only for the purposes of this initiative.

2.3 DISCLAIMER

2.3.1 This RFP does not commit Erie County or contractors (hereafter referred to as Erie County) to any specific course of action. The issuance of this RFP does not bind Erie County to accept any proposal, in whole or in part, whether or not it includes the proposal that is most economically advantageous to Erie County. Erie County reserves the right to negotiate with any number of vendors, or cancel this RFP at any time without any obligation to any responders. Erie County also reserves the right to award this RFP in whole or in part, and reserves the right to add or remove any portion of its’ content at any time. Lastly, potential vendors undertake responding to this RFP at their own expense with no obligation, risk, or liability on the part of Erie County.


RFP#: 09112VF

3 GUIDELINES

3.1 RESPONSE PROCESS

3.1.1 The response must reference RFP #: 09112VF, and include the following: two (2) originals of your company response and (2) copies of the response to be provided to the designated County point of contact for the responses.

3.1.2 Potential Providers are required to submit a signed copy of the Confidentiality Agreement as written (attached) with their Response. An electronic copy of this document is available by contacting Julie Verrastro (contact information below).

3.1.3 Questions regarding the RFP specifications, and the specification responses should be emailed to the attention of:

Julie Verrastro716 858-6698

[email protected]

3.1.4 A Responder’s Conference is scheduled for May 1, 2009 @ 10:00 – 11:00 am, 95 Franklin Street, Room 1508, Buffalo, NY 14202. Please email RSVP to Julie Verrastro by April 17, 2009.

3.1.5 “Hard copies” of your response should be delivered to the Division of Information and Support Services, 15th Floor, Rath Building to Julie Verrastro on or before May 15th, by 2:00 pm.

3.1.6 Two (2) signed originals and two (2) copies of the RFP response must be submitted by May 15, 2009.

3.1.7 An electronic copy in Microsoft Word on a CD, DVD, Flash Drive, Sandisk or any other electronic media is also required.

4 INSTRUCTIONS

4.1 Recipient’s Responsibility It is the recipient’s responsibility to ensure that their detailed answers clearly and accurately represent the products and/or services referenced within their RFP response. Erie County will not be responsible for clarifying answers.

4.2 RFP RESPONSE FORMAT

The proposal response has three (3) major parts.

4.2.1 Part 1 – Statement of Qualifications:

In this part, please provide the specific information requested in Exhibit 4.1. Please answer the questions in the order presented, and respond with your answers as directed in the Exhibit. Please do not re-number or re-order the questions.

4.2.2 Part 2 – Required Proposal Response


RFP#: 09112VF

In this section, please follow your response exactly as indicated by Exhibit 4.2 (Excel Spreadsheet [Erie County RFP Response Exhibit 4.2.xls). Failure to comply may result in the immediate rejection of the response.

4.2.3 Part 3 – Supplemental Information:

This part of your response should include any information you feel is relevant but not specifically requested in the RFP. Such information may include, but not be limited to relevant descriptive, graphic or technical literature that complements or enhances your response. The County of Erie is stressing strategic vision and new technologies in this area of the RFP.

4.2.4 As a suggestion, the Vendor’s proposal should be organized in the following way:

1. A cover letter committing the vendor's firm to the proposal, and stating its validity for a period of at least 120 days, must be signed and dated by a responsible officer of the firm and submitted with the proposal.

2. Table of Contents3. Executive Summary4. Statement of Qualifications (refer to 4.2.1 above)

a. Vendor Organization: brief description of your company, its vision, financial summary and product strategy

b. Brief description of your Public Sector practice, especially your past experience with Erie County; please include the number of personnel dedicated to the Public Sector.

c. All other answers to the specific questions in Exhibit 4.15. Required Response (refer to 4.2.2 above, Exhibit 4.2). The response

sections of the proposal organized as follows:a. Switched Servicesb. BRI Lines & Videoc. Internet Accessd. DS-3e. CPS Alerting f. Microwaveg. Frame Relayh. Special Accessi. Wirelessj. Dedicated Outboundk. Maintenance & Contract Servicesl. SLA’s

6. Supplemental Information (refer to 4.2.3 above)7. Signed Confidentiality Agreement

Note: Please clearly identify whether any elements of your proposed solution include partners. The County reserves the right to approve all partners or subcontractors. All proposing vendors must include costs in their proposals in response to this RFP. Cost is one of many important evaluation criteria to the County, thus vendor proposals should include competitively discounted costs.


RFP#: 09112VF

5 TELECOM VOICE SERVICES

The Following Information is a current assessment of all services provided to Erie County. Erie County makes no guarantee of future volumes and offers this information only to assist you in preparing your responses. All minutes are approximate based on Billing provided by Erie County for month of December 2008. Refer to Exhibit 5.1 and 5.2.

5.1 Scale Assumptions:

Number of 1MB’s: 371 (NXX listed below) Number of ISDN PRI lines: 12 Number of ISDN BRI lines: 42 (NXX listed below) Number of DID numbers: 5560Number of Pt-to-Pt. T1’s: 12Number of Outbound T1’s: 13 Minutes of local usage per month: 895,000 (Dedicated)Minutes of Intrastate Intralata usage/Month: 25,000 (Dedicated)Minutes of Intrastate usage/Month: 18,830 (Dedicated)Minutes of Interstate usage/Month: 16,000 (Dedicated)Minutes of International usage/Month: 700 (Dedicated)

In addition to the minutes of calling listed above, there are “switched” local and long distance calls from the (371) 1MB lines. The number of minutes for these calls are under 2000 minutes for each rate period:

Interstate, Intrastate, Intralata Toll, International

5.2 Location/Number of PRI/T1’s

1. 95 Franklin St. (Rath Bldg.) 8 ISDN PRI’s (2 D Channels) 1 ISDN PRI (23B+D)7 Outbound T1’s (6 Local, 1 LD)

2. 478 Main St. 3 Point-to-Point T1’s to the Rath Building. 2 Outbound T1’s

3. 290 Main St. 1 ISDN PRI (23B+D) 2 Outbound T1’s1 Point-to-Point T1 to the Rath Building.

4. 43 Court St. 1 ISDN PRI (23B+D) 1 Outbound T1 1 Point-to-Point T1 to the Rath Building.

5. 69 Delaware Ave. 1 Point-to-Point T1 to the Rath Building.

6. Statler Building 1 Point-to-Point T1 to the Rath Building.


RFP#: 09112VF

7. E.C. Correctional Facility 1 Point-to-Point T1 to the Rath Building. 11581 Walden Ave. May also include DID/DOD trunks. Alden, New York

8. County Library Lafayette Square 2 Point-to-Point T1’s to the Rath Building.

9. 608 William St. 1 Point-to-Point T1 to the Rath Building.

10. E.C. Sheriff 1 ISDN PRI (23B+D) 1 Sheriff’s Drive Orchard Park, New York 2 Point-to-Point T1’s to 45 Elm

11. 45 Elm 2 Point-to-Point T1’s to 462 Grider

12. 77 Broadway 1 Point-to-Point T1 to Rath Building (not required after July 1, 2009) moving to Rath Building

5.3 NXX for 1MB Lines

MASTER ACCT 212-X00-0029

PHONE # DEPT.NAME LOCATIONNo. of Lines

447-0265 Auto Bureau Tonawanda 169 Sheridan Parkside Center Tonawanda 2

337-4088 Sheriff 10508 Main St. North Collins 1

446-1227 Health – WIC 2121 Main St. 3

496-5136 Bldgs. & Grnds. Warner Gulf & Genesee Rds. Sardinia Radio Tower 1

496-7410 Parks-Forestry 11929 Warner Gulf Rd. E.Concord 2

532-0212 Social Services 2355 Main St. Collins 2

532-4336 Highways 14020 Jennings Rd. Collins 2

537-2439 Highways 9988 S. Protection Rd. Holland 2

537-9049 E&P-Southtowns 457 No. Main St. Holland 1

542-2330 Parks Akron Falls Park – Akron 1

542-9183 Parks Akron Falls Park 1

549-3161 E&P-Sewer Dist.2 8443 Lake Shore Rd. Angola 7

549-7108 Social Services 8787 Erie Rd. Angola 2

549-6121 Highways 8730 Delameter Rd. Angola Gas Boy line 1

549-1413 Auto Bureau 8787 Erie Rd. Angola 2

592-2287 Social Services 86 Franklin Springville 2

592-2353 CPS Townsend Hill 11470 Moore Rd. Springville 2

592-2804 Parks Foote Rd.Glenwood Sprague Brook 2

592-3959 Sheriff 65 Franklin Springville 3

592-9346 Highways 9125 Sibley Rd. E. Concord 7


RFP#: 09112VF


631-0261 Forensic Computer Lab 4455 Genesee St. Cheektowaga 5

646-0511 Buildings Grounds Pump 3350 Creekview Hamburg, NY 1

648-0537 Hamburg Town 2718 Lakeview Rd. 1

649-4077 Highways 50 West Ave. Hamburg 6

652-0410 Highways 119 Ellicott Rd. E. Aurora 6

652-1380 Parks Emery Park Office So. Wales 2

652-5351 Parks 1711 Girdle Rd. Elma Maint. 2

652-5475 Parks 1711 Girdle Rd. Elma Meadows Ofc. 7

652-8650 Dept 4201 Sheriff 1600 Bowen Rd. Elma 1

662-0944 Bldgs. & Grnds. Chestnut Ridge Orch. Park. 1

662-3290 Parks Chestnut Rige Ofc. Orchard Pk. 1

662-3404 Parks Chestnut Ridge First Aid Orch. Park. 1

662-5009 E.S. Communications Chestnut Ridge Rd. Orch. Park. 3

662-5554 Sheriff 1 Sheriff Dr. Chestnut Ridge Orch. Park. 11

675-1517 EC Sewer Dist # 3 557 Orchard Park Rd. W Seneca 1

681-1016 Highways 127 Cemetery Rd. Lancaster 4

681-1131 Parks Como Lake Park Senior Ctr. Lancaster. 1

681-3645 E.C.Fire Safety 3359 Broadway Cheektowaga 19

681-8215 Auto Bureau-Cktg. 2122 George Urban Blvd. Lancaster 6

684-1234 E&P Sewer Dist.1 3789 Walden Ave. Lancaster 9

692-1890 Parks 796 So. Niagara Isle View Pk. Tonawanda. 1

693-2971 Parks 1 Ellicott Creek Dr. - Pk. Ofc. Tonawanda. 2

741-3519 Clarence Sub Station 6185 Goodrich Rd. Clarence 1

759-8328 Highways 5105 Salt Rd. Clarence 5

773-5252 Sheriff 2295 Grand Island Blvd. Grand Island. 3

822-8340 E&P Sewer Dist.6 260 Lehigh Ft. of Dona Lackawanna. 1

822-8340 E&P Sewerage Mgt. 270 Milestrip Rd. Blasdell 1

823-0131 Health 609 Ridge Rd. Lackawanna 5

823-1517 City Parks Caz Golf 410 Potters Rd. Bflo. 1

823-2214 E&P Sewerage Mgt. 3595 Jeffrey Rd. Blasdell 1

823-4707 City Parks Carmichael Ctr. 93 Leddy Bflo. 1

823-4781 Bldgs. & Grnds. 1084 Harlem Rd. Cktg. 5

823-5800 E&P Sewer Dist.6 260 Lehigh Lackawanna 6

823-8188 E&P-Southtowns S3690 Lake Shore Blvd. Blasdell 12

824-1181 City Parks Machnics 1799 Clinton Bflo. 1

825-1310 Highways 2380 Clinton-Weights & Measures 8

825-1326 City Parks Caz Pool Ofc 1 Cazenovia 1


RFP#: 09112VF


825-3580 City Parks Caz Shelter 1 Cazenovia 1

825-6400 Bldgs. & Grnds. So.Pk.&Mckinley-Botanical Grdns. 2

825-6898 Health 546 Abbott Rd. Bflo. - WIC Ofc. 2

825-6996 Highways 1080 Harlem Rd. Cheektowaga 4

826-7820 City Parks Caz Park Casino Caz Park 1

827-1584 Parks So.PK.& McKinley Botanical Grdns 6

828-1445 City Parks Tosh Collins Ofc. 35 Cazenovia 1

834-0407 EC WIC program Harlem Rd . 3

835-2533 City Parks Delaware Caddy 1 Delaware Park 1

836-7398 Parks-Grover Cleveland 3781 Main & Bailey 6

837-7292 City Parks Parkside Crew Ofc. 84 Parkside 1

842-8957 Central Police Services 45 Elm Street Buffalo 1

838-4221 Bd of Elections 2495 Main 1

847-1585 Bd of Elections 120 W. Eagle 2

852-0841 District Attorney 25 Delaware 2nd Fl. 1

852-2859 City Parks 150-156 Fulton mcl/fax 1

852-3858 Sheriff 134 W. Eagle 1


853-1703 DISS 43 Court - Modem Line 1

853-7361 Health – WIC FAX 95 Franklin St. Rm. 202 1


855-1434 Sheriff 45 Elm Street 1

855-1792 Sheriff 45 Elm Street 1

856-7444 CPS 74 Franklin St. Line at 911 1

873-9614 Sheriff Harbour Place Marina 1

875-4953 Highways 1870 Military Rd. 3

876-4214 Health 155 Lawn Ave. 4

876-6787 CPS 1870 Military Rd. 1

877-5972 City Parks Riverside Pk 2607 Niagara 1

884-9660 City Parks Labor Ctr. 17 Meadow View 10

886-1040 City Parks Asarese/Matters fax Upper West Side Comm.Ctr. 1

891-4734 City Parks Lincoln Field fax 10 Quincy 1

891-0292 Health ECHC 1500 Broadway 8

893-4081 Youth Detention 810 E. Ferry St. Buffalo 6

895-5651 City Parks Lovejoy Pool 1171 Lovejoy 1

896-2083 City Parks Hennepin 24 Ludington 1

937-3429 Correctional Facility 11580 Walden Ave. Alden 12


RFP#: 09112VF


937-8832 E.C. Home & Corr. Fac. 11580 Walden Ave. Alden 3

947-5609 Parks Wendt Beach also 947-5660 4

947-4696 Parks 7676 Old Lake Shore Rd. Derby 2821-7814 Highways 1080 HarlemRd. Cheektowaga 1

826-2536 Hamburg New service order 2

627-2429 EC Sewer Dist # 3 Wanakah Sewer Amsdell Rd. Hamburg 1

630-5963 Auto Bureau 6205 Main St .Williamsville, NY 14221 2

655-0073 Environ & Planning East Aurora 3

648-4903 Sheriff 3736 Abbott Rd. Hamburg 1

649-0104 EC Sewer Dist # 3 2718 Lakeview Rd. Lakeview 14085 1

651-0683 Lancaster 125 Cemetary Rd. Lancaster 1

694-3641 Auto Bureau 200 Niagara Tonawanda 2

TOTAL LINES

307

5.4 Legislature Lines

LEGISLATURE MB ACCOUNT 212-X01-8969


601-3030 Legis 5th District 41 Central Ave. Lancaster, NY 14086 3

631-7650 Legis 4th District 8180 Main St. Williamsville, NY 14221 3

633-0617 Legis 15th District 5500 Main St., Suite # 1 Williamsville, NY 14221 3

649-2640 Legis 12th District 1 Main St. Hamburg, NY 14075 3

655-5650 Legis 13th District 431 Main St. E. Aurora, NY 14052

3

675-8817 Legis 9th District 531 Center Rd. W. Seneca, NY 14224 3

822-0462 Legis 1st District 609 Ridge Rd. Lackawanna, NY 14218 3824-6180 Legis 2nd District 1928 South Park, Buffalo, NY 14220 3

832-0493 Legis 11th District 1701 Hertel Ave. Buffalo, NY 14216 3

836-0198 Legis 14th District 7 Bernhardt Drive, Amherst,NY 14226 4

842-0490 Legis 3rd District 427 William St. Buffalo, NY 14204 4

873-3438 Legis 10th District 9 Euclid Ave. Kenmore, NY 14217 3

874-3257 Legis 6th District 286 Lafayette Buffalo, NY 14213 3

893-4385 Legis 8th District 1214 Walden Ave. Buffalo, NY 14211 3

894-0914 Legis 7th District 790 E. Delavan Ave. Buffalo, NY 14215 3


RFP#: 09112VF


TOTAL LINES

47

5.5 BRI LINES

NXX For BRI - 2B+D (Video Conferencing) MASTER ACCOUNT 212 X01-0780


681-6875 DISS -Corr.Fac.Video 11581 Walden Ave. Alden 4

684-2385 Fire Safety c/o 46 Broadway, Cheektowaga 3

684-9777 Correctional Facility 11581 Walden Ave. Alden 3

845-5124 Sheriff Holding Center 40 Delaware 3

852-2856 DISS City Court - Video 50 Delaware 4

852-2975 DISS-Fam.Ct./Prob.Video 1 Niagara 8

853-0347 DISS - Holding Center 40 Delaware 4

853-1680 DISS 95 Franklin St. 2

853-1869 DISS - Co. Atty. 69 Delaware 4

893-6569 Youth Detention 810 E. Ferry 3

896-4432 Youth Detention 810 E. Ferry 4

Total BRI 42


RFP#: 09112VF

6 INTERNET ACCESS SERVICE

6.1 Current Configuration for Dedicated Internet Access (Ethernet Handoff)

6.1.1 40 Mbps Internet Access and Port at 95 Franklin (Rath Building).

7 Data / WAN CIRCUITS

7.1 Network Diagram

Exhibit 7.1 provides a high level view of the current county network configuration . The county would like to take full advantage of the latest technology while providing like or better services to the existing network.

7.2 Network Circuits

7.2.1 1- DS-3 at 95 Franklin with Point to point T-1 Circuits to the Addresses shown network known as (Healthnet):

Location Category Circuit ID SpeedRath Building Healthnet DNDC102193 DS3ECMC Public Health Health Lab DHDC989647 T1ECMC Public Health Health Lab DHDC959147 T1Delaware Park Barn Parks and Rec DHDC958910 T1608 William Health Clinic DHDC959154 T11500 Broadway Health Clinic DHDC958700 T1Botanical Gardens 2441 South Park DHDC02545 T13359 Broadway Fire Academy DHDC984130 T13359 Broadway Fire Safety Bldg DHDC995093 T1s3690 lakeshore ECSD#3 DHDC919900 T13789 walden ECSD#1,4,5 DHDC919901 T18443 lakeshore ECSD#3 Angola DHDC920832 T1260 Lehigh Ave (Lackawanna Sewer) ECSD#6 DHDC920833 T1810 E Ferry Youth Detention Ctr DHDC946455 T1Lafayette Sq Main Library DHDC921767 T1Elma Meadows 1711 Girdle Rd DHDC25708 T1

7.2.2 1- DS-3 at 95 Franklin with Point to point T-1 Circuits to the Addresses shown network known as Towns and Villages (TownNet)

Location Category Circuit ID SpeedTowns and Villages Rath Building dndc102212 DS31 Town Place Clarence Town Hall dhdc959327 T1Lancaster Town Hall 21 Central Avenue dhdc950456 T18787 Erie Rd Evans Town Hall dhdc953289 T1Rte 240 Colden Town Hall dhdc3339 T1


RFP#: 09112VF

Location Category Circuit ID Speed2795 East Church St Eden Town Hall dhdc995604 T186 Franklin Concord Town Hall dhdc983596 T1Springville ECSO7 dhdc70737 T1Clarence DPW 5105 Salt Rd dhdc958887 T1Aurora DPW 119 Ellicott Rd dhdc948607 T1East Concord DPW 9125 Sibley T1Holland Sewer 425 N Main dhdc27626 T1East Aurora Sewer 201 Mill Rd dhdc027628 T1Alden DPW 11580 Walden Ave dhdc950519 T1Hamburg DPW West Ave T18500 Boston State Rd Boston Town Hall DHDC950585 T1

7.2.3 1- DS-3 at 95 Franklin with Point to point T-1 Circuits to the Addresses shown network known as CPS-DS3

Location Category Circuit ID SpeedRath Building CPS-DS3 dndc100549 DS3500 Audubon Pkwy Amherst PD DHDC602602 T13223 Union Rd Cheektowaga PD DHDC602478 T185 Manitou Depew PD DHDC602473 T1571 Main St East Aurora PD DHDC602148 T12795 E Church St Eden PD DHDC602622 T1S-6122SouthParkAve Hamburg PD DHDC605415 T1100 Main St Hamburg Village PD DHDC603400 T12395 Elmwood Ave Kenmore PD DHDC603499 T15423 Broadway Lancaster PD DHDC604189 T1Buffalo Rd Orchard Park PD DHDC604655 T18787 Erie Rd Evans PD DHDC605080 T1200 Niagara St Tonawanda City PD DHDC604935 T11835 Sheridan Dr Tonawanda Tn PD DHDC604888 T11250 Union Rd West Seneca PD DHDC605582 T1Chestnut Ridge Bunker EC Sheriff Ridge DHDC605368 T1714 Ridge Rd Lackawanna PD DHDC605749 T111581 Walden Ave ECCF DHDC810817 T127 Main St Gowanda PD DHDC422561 T193 Oak St NFTA DHDC630629 T11300 Elmwood Ave Buff State College 40YGGA121290 T1121 Marian Ave Blasdell PD DHDC40855 T14 Elmview Ave ECSO Heliport DHDC44039 T1525 Pavement Lancaster Town DHDC603593 T1

9.1.4 MICROWAVE LINK: The County currently has a 100 mbps throughput from 95 Franklin to 1084 Harlem Rd. and also a 140 mpbs throughput from 95 Franklin to 59 Park Avenue, Lockport NY (Brooks Building)


RFP#: 09112VF

9.1.5 Frame Relay Network: Please provide pricing for Frame Relay Service at the following sites:

Location Category Circuit ID SpeedRath Building Rath CPS Frame 40hcgn267243 T127 Main St Gowanda PD 40xhgn267275 56k68 Court US Marshal 40ygga122476 56k93 Oak NFTA 40ygga264896 56kUS Coast Guard CG1COM 40ygga273507 56k6185 Goodrich Rd Clarence ECSO 40ygga280002 56kHelmuth Fire 50 South Rd 40xhgm714354 56k10508 Main St N.Collins ECSO#5 40ygga280148 56k1910 Bowen Rd Elma ECSO#3 40xh6m699004 56kClarence State Police 9825 Main St 40ygga121692 56k95 Franklin St Verizon PVC Rath Building 40ygga000210 768kPeace Bridge 40ygga280206 56k

7.3 Private Line Special Access Service:

Please provide pricing for 2-wire Private Line service between the following locations. This Class of Service is Special Access and is utilized for Remote Mobile Radio Telephony.

LOCATION 1 LOCATION 295 Franklin St. 74 Franklin - Police Headquarters715 Cayuga Creek Rd. Cktg. 211 Industrial Pkwy. Cktg.715 Cayuga Creek Rd. Cktg. 2320 Union Rd. Cktg.1870 Military Rd. Kenmore 462 Grider, Bflo.1870 Military Rd. Kenmore 462 Grider, Bflo.City Hall, Buffalo Dept. of Cntrl Police 1870 Military Rd. County Highway Garage95 Franklin St. Central Police Services 462 Grider St. Radio Equipment Rm. ECMC565 Abbott Rd.Dept of Police 1870 Military Rd. County Highway Garage74 Franklin St. Police Hdqtrs. CPS 95 Franklin St. Rm. 23095 Franklin St., Bflo. City Hall, Bflo.462 Grider St. Bsmt. Old Meyer ECMC 462 Grider New Medical Ctr. ECMC462 Grider St. ECMC 65 Niagara Sq. City Hall Erie CntyS. Pierce, Bflo. - Pole # 81 Bird Island, Bflo. - Main Pump StationBorden Rd. Depew - Depew Pump Station 81 S. Pierce - Nash St. Measuring StationBorden Rd. Depew - Depew Pump Station 500 Mineral Springs Rd. W. Seneca - Sewer Plt 6Borden Rd. Depew - Depew Pump Station 2375 Clinton, Cktg. Sewage Trtmnt Plant 3


RFP#: 09112VF

8 WIRELESS PHONE SERVICES

8.1 Wireless Internet Access Cards:

Please provide pricing and availability for Wireless Internet Access Cards. Please include any charges for Data usage on top of monthly recurring charges. Currently the County has 25 Units and will most likely be increasing this number.

8.2 Wireless Phones:

Please provide pricing on service and provide any minute plans or offerings that would benefit Erie County. The County currently has 555 wireless phones. Billing must be able to be broken down by 4 digit cost center if at all possible. Current plan allowances include 200 Minutes, 400 minutes, 1000 minutes, 1350 minutes, and 2000 minutes. Provide monthly recurring charges and any equipment charges if applicable for any change in carrier. Please note if there is any issue of porting over existing numbers in the event of a carrier change.

9 MAINTENANCE AND CONTRACT SERVICES (for Existing Nortel Equipment)

Please provide pricing on Maintenance services and Onsite Voice Technician (Contract Labor) for the following locations and equipment lists. (ALL NORTEL EQUIPMENT) Please provide separate costs for Onsite Moves, Adds, Changes Tech and Equipment coverage.

Location Address Description QuantityRath Complex 95 Franklin Meridian 81 PABX 1 Meridian 81 Ports 3994 Nortel Call Pilot 96 port Nortel OTM Components 1 Nortel Symposium 1Hens & Kelly Building 478 Main St. Meridian 61 PABX 1 Meridian 61 Ports 710Health Dept. 462 Grider St. Meridian 11 PABX 1 Meridian 11 PABX Ports 280 Nortel Call Pilot 4 portCorrectional Facility 11581 Walden Ave Meridian 11 PABX 1 Meridian PABX Ports 204Sheriff’s Bunker 1 Sheriff’s Drive O.P. Meridian 11 PABX 1Chestnut Ridge 1 Sheriff’s Drive O.P. Meridian 11 PABX Ports 145 Nortel Call Pilot 4 portEast Side Health 1500 Broadway Meridian 11 PABX 1 Meridian 11 PABX Ports 123Youth Detention Svces 768 E. Ferry St. Meridian 11 PABX 1 Meridian 11 PABX ports 80 Nortel Call Pilot 4 port


RFP#: 09112VF

Location Address Description QuantitySocial Services 290 Main St. Meridian 11 PABX 1 Meridian 11 PABX Ports 351Convention Center 43 Court St. Meridian 11 PABX 1 Meridian 11 PABX ports 205EC Attorney Office 69 Delaware Meridian 11 PABX 1 Meridian 11 PABX ports 76Dept of Public Works Sibley Rd. E.Concord Norstar Modular ICS 1 Norstar Stations 11

Sewer District # 2 3443 Lake Shore Rd. Norstar Modular ICS 1 Norstar Stations 12Northern Region SD 3789 Walden Ave. Norstar Modular ICS 1 Norstar Stations 6Cheektowaga FS 3359 Broadway Norstar Modular ICS 1 Norstar Stations 96Lackawanna Health Ridge Rd. Lackawanna Norstar Modular ICS 1 Norstar Stations 15Sewer Dist. # 6 260 Lehigh Lack Norstar Modular ICS 1 Norstar Stations 17Sewer Dist # 3 3591 Lakeshore Rd Norstar Modular ICS 1 Norstar Stations 28Hwy Dept Hamburg 50 West Ave. Norstar Modular ICS 1 Norstar Stations 7Hwy Dept Aurora 199 Ellicott Rd WFalls Norstar Modular ICS 1 Norstar Stations 15Lancaster Health 85 Manitou st. Depew Norstar Modular ICS 1 Norstar Stations 21Highway Dept 125 Cemetary Rd. Norstar Modular ICS 1 Norstar Stations 12Health Dept. 6444 Camo Rd. Norstar Modular ICS 1 Norstar Stations 10Cheektowaga 2122 George Urban Norstar Modular ICS 1 Norstar Stations 14Weights & Measure 2380 Clinton Ave. Norstar Modular ICS 1 Norstar Stations 24Hamburg Health 170 Long Ave. Norstar Modular ICS 1 Norstar Stations 12

TOTAL 81 PABX Ports 3,994TOTAL 61 PABX Ports 710TOTAL 11 PABX Ports 1,464TOTAL NORSTAR MODULAR Stations 300TOTAL CALL PILOT Ports 108


RFP#: 09112VF

10 RFP STATEMENT OF RIGHTS

10.1 UNDERSTANDINGS Please take notice, by submission of a proposal in response to this request for proposals, the proposer agrees to and understands:

that any proposal, attachments, additional information, etc. submitted pursuant to this Request for Proposals constitute merely a suggestion to negotiate with the County of Erie and is not a bid under Section 103 of the New York State General Municipal Law;

submission of a proposal, attachments, and additional information shall not entitle the proposer to enter into an agreement with the County of Erie for the required services;

by submitting a proposal, the proposer agrees and understands that the County of Erie is not obligated to respond to the proposal, nor is it legally bound in any manner whatsoever by submission of same;

that any and all counter-proposals, negotiations or any communications received by a proposing entity, its officers, employees or agents from the County, its elected officials, officers, employees or agents, shall not be binding against the County of Erie, its elected officials, officers, employees or agents unless and until a formal written agreement for the services sought by this RFP is duly executed by both parties and approved by the Erie County Legislature, the Erie County Fiscal Stability Authority, and the Office of the Erie County Attorney.

In addition to the foregoing, by submitting a proposal, the proposer also understands and agrees that the County of Erie reserves the right, and may at its sole discretion exercise, the following rights and options with respect to this Request for Proposals:

To reject any or all proposals; To issue amendments to this RFP; To issue additional solicitations for proposals To waive any irregularities in proposals received after notification to proposers affected; To select any proposal as the basis for negotiations of a contract, and to negotiate with

one or more of the proposers for amendments or other modifications to their proposals; To conduct investigations with respect to the qualifications of each proposer; To exercise its discretion and apply its judgment with respect to any aspect of this RFP,

the evaluation of proposals, and the negotiations and award of any contract; To enter into an agreement for only portions (or not to enter into an agreement for any)

of the services contemplated by the proposals with one or more of the proposers; To select the proposal that best satisfies the interests of the County and not necessarily

on the basis of price or any other single factor; To interview the proposer(s); To request or obtain additional information the County deems necessary to determine

the ability of the proposer; To modify dates; All proposals prepared in response to this RFP are at the sole expense of the proposer,

and with the express understanding that there will be no claim, whatsoever, for reimbursement from the County for the expenses of preparation. The County assumes


RFP#: 09112VF

no responsibility or liability of any kind for costs incurred in the preparation or submission of any proposal;

While this is a RFP and not a bid, the County reserves the right to apply the case law under General Municipal Law § 103 regarding bidder responsibility in determining whether a proposer is a responsible vendor for the purpose of this RFP process;

The County is not responsible for any internal or external delivery delays which may cause any proposal to arrive beyond the stated deadline. To be considered, proposals MUST arrive at the place specified herein and be time stamped prior to the deadline

10.2 EVALUATION Evaluation criteria are not necessarily listed in order of importance. The County reserves the right to weigh its evaluation criteria in any manner it deems appropriate. The following criteria, not necessarily listed in order of importance, will be used to review the proposals. The County reserves the right to weigh its evaluation criteria in any manner it deems appropriate:

Proposer’s demonstrated capability to provide the services. Evaluation of the professional qualifications, personal background and resume(s) of

individuals involved in providing services. Proposer’s experience to perform the proposed services. Proposer’s financial ability to provide the services. Evaluation of the proposer’s fee submission. It should be noted that while price is not

the only consideration, it is an important one. A determination that the proposer has submitted a complete and responsive proposal as

required by this RFP. An evaluation of the proposer’s projected approach and plans to meet the requirements

of this RFP. The proposer’s presentation at and the overall results of any interview conducted with

the proposer. Proposers MUST sign the Proposal Certification attached hereto as Schedule “A”.

Unsigned proposals will be rejected. Proposers may be required to give an oral presentation to the County to clarify or

elaborate on the written proposal. No proposal will be accepted from nor any agreement awarded to any proposer that is in

arrears upon any debt or in default of any obligation owed to the County. Additionally, no agreement will be awarded to any proposer that has failed to satisfactorily perform pursuant to any prior agreement with the County.

10.3 CONTRACT EXAMPLE

After selection of the successful proposer, a formal written contract will be prepared by the County of Erie and will not be binding until signed by both parties and, if necessary, approved by the Erie County Legislature, the Erie County Fiscal Stability Authority and the Office of the County Attorney. NO RIGHTS SHALL ACCRUE TO ANY PROPOSER BY THE FACT THAT A PROPOSAL HAS BEEN SELECTED BY THE COUNTY FOR SUBMISSION TO THE ERIE COUNTY LEGISLATURE AND/OR THE ERIE COUNTY FISCAL STABILITY AUTHORITY FOR APPROVAL. THE APPROVAL OF SAID LEGISLATURE AND/OR AUTHORITY MAY BE NECESSARY BEFORE A VALID AND BINDING CONTRACT MAY BE EXECUTED BY THE COUNTY. The specific terms of the contract are as follows:


RFP#: 09112VF

The term of the contract shall be for a [____ (_) year] period commencing __________, 20__ and terminating __________________, 20__ [The County, in its sole discretion may extend the agreement beyond is initial term for up to ____________ (__) additional ____-year periods at the same prices and conditions]INDEMNIFICATION AND INSURANCE

The proposer accepts and agrees that language in substantially the following form will be included in the contract between the proposer and the County:

“In addition to, and not in limitation of the insurance requirements contained herein the Consultant agrees:

(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Consultant shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the acts or omissions hereunder by the Consultant or third parties under the direction or control of the Consultant; and

(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto.

Upon execution of any contract between the proposer and the County, the proposer will be required to provide proof of the insurance coverage described in Schedule “B”.

Insurance coverage in amount and form shall not be deemed acceptable until approved by the County Attorney.

[INTELLECTUAL PROPERTY RIGHTS

The proposer accepts and agrees that language in substantially the following form will be included in the contract between the proposer and the County:

All deliverables created under this Agreement by the Consultant are to be considered “works made for hire”. If any of the deliverables do not qualify as “works made for hire”, the Consultant hereby assigns to the County all right, title and interest (including ownership of copyright) in such deliverables and such assignment allows the County to obtain in its name copyrights, registrations and similar protections which may be available. The Consultant agrees to assist the County, if required, in perfecting these rights. The Consultant shall provide the County with at least one copy of each deliverable.

The Consultant agrees to indemnify and hold harmless the County for all damages, liabilities, losses and expenses arising out of any claim that a deliverable infringes upon an intellectual property right of a third party. If such a claim is made, or appears likely to be made, the Consultant agrees to enable the County’s continued use of the deliverable, or to modify or replace it. If the County determines that none of these alternatives is reasonably available, the deliverable will be returned.

All records compiled by the Consultant in completing the work described in this Agreement, including but not limited to written reports, source codes, studies, drawings, blueprints, negatives of


RFP#: 09112VF

photographs, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall become and remain the property of the County. The Consultant may retain copies of such records for its own use.]

NON-COLLUSION

The proposer, by signing the proposal, does hereby warrant and represent that any ensuing agreement has not been solicited, secured or prepared directly or indirectly, in a manner contrary to the laws of the State of New York and the County of Erie, and that said laws have not been violated and shall not be violated as they relate to the procurement or the performance of the agreement by any conduct, including the paying or the giving of any fee, commission, compensation, gift, gratuity or consideration of any kind, directly or indirectly, to any County employee, officer or official.

CONFLICT OF INTEREST

All proposers must disclose with their proposals the name of any officer, director or agent who is also an employee of the County of Erie. Further, all proposers must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent or more in the firm or any of its subsidiaries or affiliates.

There shall be no conflicts in existence during the term of any contract with the County. The existence of a conflict shall be grounds for termination of a contract.

COMPLIANCE WITH LAWS

By submitting a proposal, the proposer represents and warrants that it is familiar with all federal, state and local laws and regulations and will conform to said laws and regulations. The preparation of proposals, selection of proposers and the award of contracts are subject to provisions of all Federal, State and County laws, rules and regulations.

CONTENTS OF PROPOSAL

The New York State Freedom of Information Law as set forth in Public Officers Law, Article 6, Sections 84 et seq., mandates public access to government records. However, proposals submitted in response to this RFP may contain technical, financial background or other data, public disclosure of which could cause substantial injury to the proposer's competitive position or constitute a trade secret. Proposers who have a good faith belief that information submitted in their proposals is protected from disclosure under the New York Freedom of Information Law shall:

a) insert the following notice in the front of its proposal:

“NOTICE

The data on pages ___ of this proposal identified by an asterisk (*) contains technical or financial information constituting trade secrets or information the disclosure of which would result in substantial injury to the proposer’s competitive position.

The proposer requests that such information be used only for the evaluation of the proposal, but understands that any disclosure will be limited to the extent that the County considers proper under the


RFP#: 09112VF

law. If the County enters into an agreement with this proposer, the County shall have the right to use or disclose such information as provided in the agreement, unless otherwise obligated by law.”

and

b) clearly identify the pages of the proposals containing such information by typing in bold face on the top of each page " * THE PROPOSER BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE STATE FREEDOM OF INFORMATION LAW."

The County assumes no liability for disclosure of information so identified, provided that the County has made a good faith legal determination that the information is not protected from disclosure under applicable law or where disclosure is required to comply with an order or judgment of a court of competent jurisdiction.

The contents of the proposal which is accepted by the County, except portions "Protected from Disclosure", may become part of any agreement resulting from this RFP.

EFFECTIVE PERIOD OF PROPOSALS

All proposals must state the period for which the proposal shall remain in effect (i.e. how much time does the County have to accept or reject the proposal under the terms proposed). Such period shall not be less than 180 days from the proposal date.


RFP#: 09112VF

SCHEDULE “A”PROPOSER CERTIFICATION

The undersigned agrees and understands that this proposal and all attachments, additional information, etc. submitted herewith constitute merely an offer to negotiate with the County of Erie and is NOT A BID. Submission of this proposal, attachments, and additional information shall not obligate or entitle the proposing entity to enter into a service agreement with the County of Erie for the required services. The undersigned agrees and understands that the County of Erie is not obligated to respond to this proposal nor is it legally bound in any manner whatsoever by the submission of same. Further, the undersigned agrees and understands that any and all proposals and negotiations shall not be binding or valid against the County of Erie, its directors, officers, employees or agents unless an agreement is signed by a duly authorized officer of the County of Erie and, if necessary, approved by the Erie County Legislature and Erie County Fiscal Stability Authority and the Office of the County Attorney.

It is understood and agreed that the County of Erie reserves the right to reject consideration of any and all proposals including, but not limited to, proposals which are conditional or incomplete. It is further understood and agreed that the County of Erie reserves all rights specified in the Request for Proposals.

It is represented and warranted by those submitting this proposal that except as disclosed in the proposal, no officer or employee of the County of Erie is directly or indirectly a party to or in any other manner interested in this proposal or any subsequent service agreement that may be entered into.

Proposer Name

By: Name and Title


RFP#: 09112VF

SCHEDULE "B"STANDARD INSURANCE PROVISIONS


RFP#: 09112VF


RFP#: 09112VF

[INTENTIONALLY LEFT BLANK]


RFP#: 09112VF

11 CONFIDENTIALITY AGREEMENT

THIS CONFIDENTIALITY AGREEMENT (this “Agreement”) is entered into on ________________, 2009, by and between County of Erie, with offices for business at 95 Franklin Street, Buffalo, New York 14202 (“Disclosing Party”) and _____________________ (Receiving Party”).

INTRODUCTION

WHEREAS, Disclosing Party possesses certain confidential proprietary information; and WHEREAS, in connection with multiple consulting tasks that Receiving Party will perform for Disclosing Party (collectively, the “Business Purposes”), confidential proprietary information of Disclosing Party may become available to Receiving Party. WHEREAS, Disclosing Party desires to prevent the unauthorized use and disclosure of its confidential proprietary information. NOW THEREFORE, in consideration of these premises and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows:

1. “Confidential Information”. For purposes of this Agreement, Confidential Informationshall mean all information which may be disclosed by Disclosing Party or to which Receiving Party may be provided access by Disclosing Party or others in accordance with this Agreement, or which is generated as a result of or in connection with the Business Purposes, which information is not generally available to the public.

2. Nondisclosure Obligations. Receiving Party promises and agrees to receive and hold theConfidential Information in confidence. Without limiting the generality of the foregoing, Receiving Party further promises and agrees: A. To protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; B. Not to use any of the Confidential Information except for the Business Purposes; C. Not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the Confidential Information except as specifically authorized by Disclosing Party in accordance with this Confidentiality Agreement; D. To restrict access to the Confidential Information to those of its officers, directors, and employees who clearly need such access to carry out the Business Purposes; E. To advise each of the persons to whom it provides access to any of the Confidential Information, that such persons are strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of Disclosing Party, any of the Confidential Information; F. To comply with any other reasonable security measures requested in writing by Disclosing Party.

3. Exceptions. The confidentiality obligations hereunder shall not apply to ConfidentialInformation, which is, or later becomes, public knowledge other than by breach of the provisions of this Agreement.

4. Return of Confidential Information. Receiving Party agrees, upon termination of theBusiness Purposes or upon the written request of Disclosing Party, whichever is earlier, to promptly deliver to Disclosing Party all computer records, notes, and any written, printed, or tangible materials in the possession of Receiving Party, embodying or pertaining to the Confidential Information.

5. No right to Confidential Information. Receiving Party hereby agrees andacknowledges that no license, either express or implied, is hereby granted to Receiving Party by Disclosing Party to use any of the Confidential Information.

6. Losses. Receiving Party agrees to indemnify Disclosing Party against any and all losses,damages, claims, or expenses incurred or suffered by Disclosing Party as a result of Receiving Party’s breach of this Agreement.

7. Remedies. Receiving Party understands and acknowledges that any disclosure or


RFP#: 09112VF

misappropriation of any of the Confidential Information in violation of this Agreement may cause Disclosing Party irreparable harm, the amount of which may be difficult to ascertain and, therefore, agrees that Disclosing Party shall have the right to apply to a court of competent jurisdiction for an order restraining any such further disclosure or misappropriation and for such other relief as Disclosing Party shall deem appropriate. Such right of Disclosing Party shall be in addition to Remedies otherwise available to the Disclosing Party at law or in equity.

8. Successors and Assigns. Receiving Party shall have no right to assign its rights underthis Agreement, whether expressly or by operation of law, without the written consent of Disclosing Party. This Agreement and Receiving Party’s obligations hereunder shall be binding on representatives, permitted assigns, and successors of Receiving Party and shall inure to the benefit of representatives, assigns and successors of Disclosing Party.

9. Governing Law. This Agreement shall be governed by and construed in accordance withthe laws of the State of New York.

10. Entire Agreement. This Agreement constitutes the sole understanding of the partiesabout this subject matter and may not be amended or modified except in writing signed by each of the parties to the Agreement.

County of Erie Respondent Company

_____________________________ ______________________________Chief Information Officer By:Erie County Executive Title:


RFP#: 09112VF

Exhibit 4.1 Statement of Qualifications

1. Provide a high-level summary of the most important aspects of the response. Also include in this summary a brief section as to why Erie County should select your response: List the key components or value proposition that differentiates your response.

2. Vendor Organization: brief description of your company, its vision, financial summary and product strategy

3. Brief description of your Public Sector practice, especially your past experience with Erie County; please include the number of personnel dedicated to the Public Sector.

4. Please detail the types of local and long distance services that you would provide to mirror the County’s existing services (described in Section 1).

5. Provide a complete description of the local calling areas. Number portability is mandatory.

6. Describe any Disaster Recovery options which could be provided and the associated recurring and non-recurring costs that apply.

7. Describe the termination liability associated with these services and include what provisions are made for termination of service due to a change in technology.

8. Describe your billing system and how your bill would be provided to the County. The County requires that all services be billed on one summary bill. All billing detail and summary must be available electronically.

9. Describe your service and support staff within Erie County.

10. Describe your trouble reporting procedures and on-line trouble reporting capabilities.

11. Provide escalation lists for trouble reporting, billing discrepancies, and order procurement

12. Provide a copy of the contract(s) that your Company would use for any of the services proposed in your RFP response.

13. Provide a description of your cutover process including time frames and specifically how you would manage the conversion of Erie County’s lines should you be selected as Erie County’s primary provider. Please describe the router, switch and hub requirements to be in compliance to the SLA’s. That is, will the vendor procure and provide, or will the County be required to provide, and therefore, be responsible for spares?

14. Providers that currently provide services to Erie County should state whether they are willing to terminate all existing contracts with the County and restructure these services under a new contract. If they are willing to do so, the response will be considered legally binding. Copies of all existing contracts should be included in this response.


RFP#: 09112VF

15. Describe your policy on Service Level Agreements include metrics your company uses to measure and any involved costs to establish them. What are the penalties for failing to meet a SLA? When do they take effect?

16. How do you define chronic outage? Please discuss the implied penalties for a circuit where a chronic outage condition is encountered.

17. Please define your policy on routine and emergency maintenance windows? What is the notification process and advance notice policy? What is the affect on SLAs? What is the time and frequency of scheduled maintenance windows?

18. Please describe your policies and procedures for the allocation of IPv6 addresses.


RFP#: 09112VF

Exhibit 4.2 RFP Response


RFP#: 09112VF

Exhibit 5.1 Voice Network Diagram


RFP#: 09112VF

Exhibit 5.2 Voice Diagram 2


RFP#: 09112VF

[INTENTIONALLY LEFT BLANK


RFP#: 09112VF

Exhibit 7.1 Data Network Diagram


INTRODUCTION

Business

proposal rfp rfp

rfp response

confidential information

voice diagram

telecom voice services

rfp statement of rights

disclosing party

overview erie county