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HomeMy WebLinkAboutSYSTEMS MAINTENANCE SERVICES (SMS) 1 - 2007N ~ • ~ A-2007-061 ?~i l` ~-'~ ~ ; << . ~.: AGREEMENT BETWEEN THE CITY OF SANTA ANA . ~ ~ ~~y ~; f ~~ AND APR 1 ~ 2007 SYSTEMS MAINTENANCE SERVICES, INC. 0: Fn~S C~) l~ ~~l~y~ THIS AGREEMENT (said Agreement), made and entered into this 19`h day of March, 2007 by and between Systems Maintenance Services, Inc., a Massachusetts corporation (hereinafter "Vendor" or "SMS"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). These entities are hereinafter sometimes jointly referred to as "PARTIES" and individually as "PARTY". RECITALS A. The City makes extensive use of its computing environment to support key business operations in every City Agency and Department. B. Key computer-based services such as electronic mail, Internet access, secure data storage, as well as computer applications such as payroll, SAPIN etc. operate on server-class computers in the City and Police Computer Centers. C. Due to the critical nature of these services and applications to the daily operation of the City, the City desires to retain a vendor having special skill and knowledge in the field of maintenance of "server-class" computers and related equipment. Further, City desires to retain a vendor that will provide hardware maintenance service to the City for " 24 hours per day, 7 days a week". D. Vendor represents that Vendor is able and willing to provide the computer maintenance services to the City. E. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any services performed by Vendor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional maintenance services firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Vendor shall perform those services as set forth in City's Request for Proposal dated June 2, 2006, with Vendor's responses interlineated therein, attached as Exhibit A to this Agreement and incorporated by reference. • Vendor shall maintain the equipment in good operating condition and furnish scheduled preventive maintenance; • Vendor's response time shall be 7x24, 3 hour response, GUARANTEED RETURN TO SERVICE within six hours. The City retains the right to determine which service level will be applicable to each piece of equipment subject to this Agreement. Said service level may be adjusted upon fifteen (15) days written notice by City; • Maintenance includes labor and replacement of all parts deemed necessary for proper operation of equipment covered under this Agreement. Replaced parts shall become the property of Vendor. Maintenance does not include operating supplies, consumable items 1 ~ • (such as UPS batteries, laser maintenance kits, printer bands, etc.) or electrical work external to the equipment. City shall, upon execution of this Agreement, provide a complete list of equipment subject to this Agreement. This list will be used to establish the initial monthly compensation, as set forth in Section 4, below. The City may add /remove equipment from the list upon fifteen (15) days written notice to Vendor; Maintenance services required, in the parties mutual opinion, because of problems external to the equipment or due to causes other than normal wear and tear, are not covered under this Agreement. Such services shall be billed at Vendor's per call rates then in effect. b. The City reserves the right to seek services outside the terms and conditions of this contract regarding the maintenance and support of data center equipment and systems. c. Documents To Be Construed Together. All documents ("Exhibits") referred to in the Agreement, and the Agreement to be entered into between Vendor and the City, and all modifications of said Exhibits, shall be construed together as one document. In the event of a conflict among the documents, the provision of this Agreement take precedence, followed by the City's Request for Proposal, then the provisions of Vendor's Proposal. 2. CITY RESPONSIBILITIES City shall notify Vendor of equipment failure, and shall allow Vendor staff full and free access to the equipment and use of necessary equipment, machines and devices in City's possession. 3. TERM This Agreement shall commence on the date first written above and terminate on February 1, 2010 unless terminated earlier in accordance with this Agreement. The term of this Agreement may be extended for two additional one-year terms, upon a writing executed by the Executive Director of the Finance & Management Services Agency, the City Attorney and Vendor. 4. COMPENSATION a. City agrees to pay, and Vendor agrees to accept as total payment for maintenance of all equipment the rates set forth in Vendor's PC Server Price lists, attached as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $150,000.00, annually, during the initial three year term of this Agreement. b. Vendor will provide the City with a monthly accounting of equipment and services provided under this Agreement which may take the form of a statement or invoice showing an itemization of all equipment covered by the Agreement and an itemization of each service provided in the reporting month. The format and details of the invoice will be agreed upon before any billable services begin. c. In the event that the Vendor does not return a piece of covered equipment to full service within the `return to service time," the City may elect not to pay the Vendor the monthly service fee for that equipment. d. City may add or subtract equipment and/or services contained herein, depending upon City's need, with thirty (30) days prior written notice to the Vendor. ` • e. Qualified hardware services added to the initial order will be added at pricing based at the same price or discount as set forth in Exhibit B. f. The City will validate for parking during normal business hours in the parking lot directly south of the City Hall building (20 Civic Center Plaza) and for parking in the parking structure directly east of the Santa Ana Police Facility (60 Civic Center Plaza) for access and necessary visits in order to perform the Scope of Services. Parking fees at any other location of work and at other times are the sole responsibility of the Vendor. g. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. h. Invoices shall be mailed to: City of Santa Ana Attn: Lynda Kelly Information Services, M-12 P.O. Box 1988 Santa Ana, CA 92702-1988 5. INDEPENDENT CONTRACTOR Vendor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Vendor performs the services which are the subject matter of this Agreement; however, the services to be provided by Vendor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Vendor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes for its employees. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Vendor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Vendor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Vendor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Vendor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. ~~ • c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Vendor, if Vendor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Vendor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Vendor pursuant to this section: (i) Vendor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Vendor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Vendor's right to be paid for its time and materials expended prior to notification of termination. Vendor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Vendor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Vendors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the operations of the Vendor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. Vendor shall not be liable for any special, indirect or consequential damages or loss due to operator error, software problems, use of equipment not covered under this Agreement, or City's improper use of covered equipment. 8. CONFIDENTIALITY If Vendor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Vendor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; ,~ (b) is, through no fault of the Vendor disclosed in a publicly available source; (c) is in rightful possession of the Vendor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Vendor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Vendor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section 9., to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Manager of Information Services City of Santa Ana 20 Civic Center Plaza (M-12) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (7l4) 647-5406 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Vendor: Systems Maintenance Services Corporate Headquarters 455 River Road Hudson, MA 01749 and Systems Maintenance Services Los Angeles Services Center 12604 Hidden Creek Way, Suite C Cerritos, CA 90703 Attn: A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new 1 E address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Vendor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Vendor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Vendor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Vendor, neither party may assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed, and any such assignment, transfer, delegation or subcontract without the party's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other vendors retained by city. 13. DISCRIMINATION Vendor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Vendor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. The Parties agree that venue shall be located in Orange County, California. 15. PROFESSIONAL LICENSES Vendor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Vendor shall notify the City in a timely manner and in writing of its inability to ~e obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Vendor shall be entitled to receive and the City shall pay Vendor compensation for all services performed by Vendor prior to receipt of such notice of termination, however, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST; PATr2ICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: b~lA/l~l_, Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director Finance & Management Services DAVID N. REA City Manager SYSTEMS MAINTENANCE SERVICES, INC. VENDOR [signature Name: ~1i~ ~~ itle: v Tax ~ - x,'1`1 Exhibit A - Proposal to the City of Santa Ana Information Services Division for Hardware Maintenance," dated June 30, 2006 • SMS Systems Maintenance Services, Inc. HARDWARE • SOFTWARE • SUPPORT June 30, 2006 Mr. Thomas J. Gergen City of Santa Ana information Services Division 20 Civic Center Plaza Room B22 Santa Ana, CA 92701 Dear Mr. Gergen: The Cerritos office of Systems Maintenance Services, Inc. is pleased to submit herewith our proposal to the City of Santa Ana Information Services Division for hardware maintenance. This will encompass all the equipment contained in City of Santa Ana's Request for Proposal, including all HP Netservers, Proliants, Storageworks and other associated and miscellaneous equipment, et al. SMS's proposal remains valid for a period of ninety (90) days from the date the proposal is submitted to the City of Santa Ana. Our proposal includes the following sections: 1. Cover Letter 2_ SMS Response to City of Santa Ana Request of Proposal - Data Center Maintenance and Support Services 3. SMS Attachments: . a. SMS Maintenance Service Agreement and Pricing (N 103) b. All Inclusive Services Description c. Preventive Maintenance Check List d. Certificate of Insurance e. Sample Invoice f. Sample Cali Response Report ~ . If there are any questions regarding this proposal, out local Sales Executive, Mike Cook, can be reached by phone in the office at 562-407-1229 or by cel! at 626-253-1543. .,ri V.~i ~vVV vo.fJ rnn '4V~OJ~f Va727L Sincerely, ~ . ~C~.n Jose h S. Scordino, President 12604 HIDbENCREEK WAY, SUITE C. CERRITOS. CA 90703 TEL: {562} 407-1229 FAX: {562} 407-1233 OTHER FACILITIES: BOSTON, MA • LITTLETON, MA . ENGLEWOOD, NJ .SILVER SPRING, MD • PHILADELPHIA, PA ATLANTA. GA • CHICAGO, IL -SRN FRRNCISCO,.CA • CHARLOTTE, NC • HARTFORD, CT • DALLAS, TX KANSAS CITY, MO • HOUSTON, TX • PHOENIX. AZ .AKRON, OH • TAMPA, FL • SEATTLE, WA ~~ 4 1 Request for Proposal Data Center Support Services for City Of Santa Ana California issued: June 02, 2006 Maintenance and deadline: 4 p.m. July 05, 2006 • • Key Request for Proposal (RFP) Dates Issue Date: Pre-Proposal Conference: (see section 4.10 for details) Submission to City Council: June 02, 2006 June 16, 2006 August 2006 SMS Resaonse: Read and acknowledged. Selection Notification: JUIy 2006 • Table of Contents 1. GENERAL BACKGROUND AND OBJECTIVE ...............................................................................4 1.1 DEFINITIONS ........................................................................ ........................................................4 1.2 OVERVIEW OF CITY DATA CENTER HARDWARE ........... ........................................................4 1.3 OBJECTIVE .......................................................................... ........................................................5 2. SERVICE-RELATED TERMS AND CONDITIONS ................................................................5 2.1 ESSENTIAL REQUIREMENT ............................................... ........................................................5 2.2 VENDOR'S SERVICE STRATEGY ....................................... ........................................................6 2.3 PRICING ............................................................................... ........................................................8 3. GENERAL TERMS AND CONDITIONS.........--• ....................................................................9 3.1 AGREEMENT ........................................................................ ........................................................9 3.2 INSURANCE REQUIREMENTS ........................................... ........................................................9 3.3 PROOF OF AUTHORITY ...................................................... ........................................................9 3.4 TAXES ................................................................................... ........................................................9 3.5 WITHDRAWAL OF PROPOSAL ........................................... ........................................................9 3.6 ERRORS AND OMMISSIONS .............................................. ........................................................9 3.7 RESERVED RIGHT .............................................................. ......................................................10 4. CONTENTS OF AND INSTRUCTIONS TO PROPOSERS . ................................................10 5. EVALUATION PROCEDURE .............................................. ................................................11 5.1 REVIEW OF REQUESTED SUBMISSION ITEMS ............... ......................................................11 5.2 EVALUATION ........................................................................ ......................................................12 5.3 INTERVIEW .......................................................................... ......................................................13 5.4 RECOMMENDATION FOR AGREEMENT .................................................................................13 6. AWARD OF AGREEMENT ................................................. ................................................13 APPENDICES APPENDIX A Proposal Response Form .............................................................................................14 APPENDIX B Draft Agreement ..................................................... ......................................................21 APPENDIX C Sample Insurance Forms ....................................... ......................................................28 This documented created in Microsoft Word, version 2003, service pack 2. It has been formatted for printing on a Hewlett Packard 5500HDN LaserJet color printer. Caution: if printed on another kind or model of printer, this document's formatting may be changed slightly and the page numbers in the above Table of Contents may be inaccurate. • 1. GENERAL BACKGROUND AND OBJECTIVE 1.1 DEFINITIONS • The following words as used in this Request for Proposal (RFP) shall be understood to refer respectively to: Word in RFP Definition Cit The Cit of Santa Ana, California. Close-out Close-out is the event in which the City Data Center Staff accepts and approves the Vendor's response to the City's request for service and marks the end of service needs for the s ecific incident. Contractor Means the same and is used interchan eabl with the term "Vendor." Data Center The City of Santa Ana data center support team who may initiate and Staff close-out a re uest for service under the terms of this A reement. De artment The several Cit de artments and a encies therein. Firm Means the same and is used interchan eable with the term "Vendor. Pro oser The erson, firm or cor oration res ondin to this RFP. SLA Service Level Agreement is the set of quantified values and descriptors which measure the quality and speed of the Vendor's response to services identified under this A reement Vendor A person, firm or corporation responding to this RFP and may be selected by the City to enter into an agreement with the City to provide data center maintenance and support services. For the purposes of this RFP, "Vendor" is s non mous with "Pro oser." SMS Response: Read and acknowledged. 1.2 OVERVIEW OF CITY DATA CENTER HARDWARE The City of Santa Ana operates two data centers: (a) the City Hall data center and (b) the Santa Ana Police Department data center. A summary of the pertinent hardware in these data centers is listed in Table A. Table A. Summary of City of Santa Ana data center hardware Model Descri tion Quanti 262586-B21 IP Console Switch Box, 3x1x16 13 P1139AV Netserver LC2000r 3 P1797AV Netserver LH3000r 2 P2483A Netserver LH3000r 2 D5002A Netserver LH3r 1 D5004A Netserver LH3r 1 D6972A Netserver LH4r 1 D8563AV Netserver LH4r 3 D6964AV Netserver LPr 4 P1739AV Netserver LPr 3 D5989 Netserver Rack Stora a/12 Arra Enclosure 3 302970-B21 Stora eworks SCSI Arra Enclosure 21 P1831AV Netserver LP2000r 9 P4636AV Netserver LP2000r 1 • • P4639AV Netserver LP2000r 19 P5479AV Netserver LP2000r 3 C9529CB Surestore Ta a Libra 2/40 LVDS Ultrium 3 308724-001 Proliant DL360G3 3 367007-405 Proliant DL360G4 1 382147-405 Proliant DL360G4 3 389831-405 Proliant DL360G4 SAS 8 232998-80~- ~ 293-90a- ~ 301111-001 Proliant DL380G3 3 333704-001 Proliant DL380G3 4 333705-001 Proliant DL380G3 2 349201-001 Proliant DL380G3 31 371293-405 Proliant DL380G4 4 373822-001 Proliant DL380G4 1 383891-405 Proliant DL380G4 SAS 6 325134-001 Proliant DL580G2 11 J1470A Rackmount Fli -u KBD/Monitor 6 221546-001 Rackmount Fli -u KBD/Monitor TFT5600RKM 5 AF204A Stora eworks 1/8 Autoloader Ultrium 1 201724-621 Stora eworks MSA500 Arra Enclosure 1 301899-622 Stora eworks MSL5060 Ta a Libra Ultrium 2 SMS Response: Read and acknowledged including changes as noted in June 20 and June 29, 2006 emails. 1.3 OBJECTIVE The City of Santa Ana is seeking data center maintenance support for server-class computers, tape drives and console gear. This support would cover existing legacy equipment and possible new purchases of equipment. Services would be performed in the City's data centers in Santa Ana City Hall and the Santa Ana Police Department Building. Other sites may be added at anytime but would be within the geographical limits of the City. SMS Response: Read and acknowledged. 2. SERVICE-RELATED TERMS AND CONDITIONS 2.1 Essential Requirements In any agreement resulting from this Request for Proposal (RFP), the City considers the following requirements to be essential. Should the prospective vendor have an alternative perspective, the Vendor should provide an explanation in their proposal along with the specifics of the Vendor's alternative option/s. 2.1.1 Equipment covered 2.1.1.1 The City may add and/or remove equipment from the coverage of the agreement with 15 days prior written notice. SMS Response: Read and acknowledged. • 2.1.1.2 The Vendor must disclose in its proposal any model of equipment identified by the City as part of its current inventory for which it will not provide the full range of services included in this RFP and/or would terminate all or part of service prior to end of the term of the agreement. SMS Response: Read and comply. SMS is capable of supporting the entire list of equipment noted above in Paragraph 1.2. Further, SMS has proposed multi-year loyalty discount options. See attached SMS Maintenance Service Agreement (MSA) for equipment list, coverage, pricing and options. 2.1.2 Break-Fix 2.1.2.1 Simply put, if something covered under the agreement breaks, the City expects the Vendor to return it to at least manufacturer's original equipment specifications within the time frame defined in the agreement. SMS Response: Read and acknowledged. Optionally, SMS can provide the City "All-Inclusive" equipment coverage which includes coverage for terrorism, vandalism and employee abuse as well as wear-and-tear beyond normal use such as flood, fire and water damage. 2.1.3 Support Services 2.1.3.1 Help desk phone support must be available 24x7x365 and not have a wait time over 15 minutes to speak to a support engineer. SMS Response: Read and comply. SMS support and support processes for emergency repair are in operation 24 hours per day 365 days a year. 2.1.3.2 Help desk assistance for the City's efforts in self-help. This consists of advice on new configurations, new hardware configurations and troubleshooting issues while waiting for an onsite engineer to arrive. SMS Response: Read and comply. SMS will provide assistance as necessary to the City staff conducting self-help measures for all emergency repair service calls. SMS encourages "shadowing" by any City IT staff member who may be in a position to learn from our SMS Field Engineers. 2.1.4 Service Requests 2.1.4.1 The City must be able to initiate a request for support 24x7x365. SMS Response: Read and comply. SMS support and support processes for emergency repair are in operation 24 hours per day 365 days a year. 2.1.4.2 Service requests can be submitted to the vendor via toll-free phone number and via web. SMS Response: Read and comply with exception. SMS provides atoll-free as well as a local telephone number to our clients for technical support requests. Since all service call requests are answered live by SMS technical services personnel, our speed of response is improved with telephone communications when initiating a service call. SMS is currently updating our service tracking program and will be implementing aweb-based option for our clients which is anticipated to be on-line Sept, 1, 2006. 2.1.4.3 The City shall assign the level of severity to each service request. SMS Response: Read and acknowledged. 2.1.4.4 The City shall determine when a service call has reached close-out. Only at this time can the ticket be deemed completed. SMS Response: Read and accepted. Upon completion of a service call, SMS Field Engineers present our clients a written Service Activity Report (SAR). This report contains a summary of infonmation on the purpose of the on-site visit, the equipment problem, appropriate steps taken • • for resolution, the name of the technician, date and time of the call and on-site time. The SAR is then presented to the client for acknowledgement and if agreed that the call can be "closed-out" we request signature approval. 2.1.5 Preventive Maintenance (PM's) Updates/Repairs 2.1.5.1 PM's performed at a frequency to ensure firmware/BIOS/driver patches and updates are installed in a timely manner. SMS Response: Read and comply. SMS provides scheduled semi-annual Preventative Maintenance support for each of the servers covered under the MSA which includes a 14-point check (see attached) of these systems. Acceptance of completion is acknowledged with a signature approval of the work completed. SMS Field Engineers will work in conjunction with the City of Santa Ana to implement any firmware patches and updates. SMS will contact you to schedule this work at your convenience any day or time. 2.1.5.2 Every effort is taken by the Vendor to proactively avoid problems. SMS Response: Read and acknowledged. Reference attached copy of the SMS 14-point Preventative Checklist. 2.1.6 Staffing 2.1.6.1 Vendor's staff to work on the City site must be able to pass a Santa Ana Police Department (SAPD) background check. SMS Response: Read and acknowledged. 2.1.6.2 The City reserves the right to not accept or to have a service staffer removed for any reason. SMS Response: Read and acknowledged. 2.1.7 Parts 2.1.7.1 All parts must be new and built to original equipment specifications. Any exceptions require prior written approval from the City. SMS Response: Read and acknowledged. 2.1.7.2 Remanufactured or recertified parts will not be accepted unless new parts are unavailable from the manufacture and then only with the City's prior written approval. SMS Response: Read and acknowledged. 2.1.8 Invoicing 2.1.8.1 The Vendor must provide the City with a monthly invoice detailing specific services provided by the Vendor and for which the Vendor seeks payment under the terms of the agreement. SMS Response: Read and acknowledged. SMS invoices describe such detailed information as client name and address, purchase order number (if required), description of service, term of service per invoice, discounts, and systems covered. 2.1.8.2 The format and details of the invoice will be agreed upon before any billable services can begin. SMS Response: Read and acknowledged. A sample invoice is attached. 2.1.9 Sub-contracting 2.1.9.1 The Vendor may not subcontract any part of the services under this agreement or use non-employees to perform those services without the prior expressed written approval of the City. • SMS Response: Read and acknowledged. SMS does not use agents, contractors or non- employees to support our client systems. Our philosophy is that better communication and support can be provided with employees familiar with SMS procedures, staff, service centers, inventory processes, escalation procedures, internal workings of the SMS organization and reporting through the SMS service management organization. Simply put, we have better control in an employer-employee relationship and can therefore consistently meet our response commitments to our clients. 2.2 Vendor's Service Strategy Rather than dictate all the terms of the services, the City would like to take advantage of the considerable experience and expertise of the proposing Vendors. The City is looking for the Vendor to offer and describe the methods, processes and service levels that they would propose as appropriate for maintaining the equipment in the City data centers. The City seeks to understand the Vendor's service strategy in the following areas and has included questions of interest. Prospective vendors are encouraged to explain other aspects of their service strategy that they feel differentiate their ability to provide quality and timely maintenance services to the City. 2.2.1 Service Request Procedures 2.2.1.1 How would the City initiate a request for service? SMS Response: The City would simply call the local or toll-free number to report a service issue. Service call initiation is directly to a local SMS Field Engineer rather than just a remote Tier I call center. The SMS Field Engineer and SMS Corporate Support Group are often able to diagnose the problem on the phone and will bring all of the tested hot-spare parts and components as needed to resolve the issue to the City's satisfaction. 2.2.1.2 How would a service request be closed out? SMS Response: When the SMS Field Engineer determines the failed system is repaired, tested and found to again be in full operation the Field Engineer will present our client a written Service Activity Report (SAR) that summarizes the purpose of the on-site call, equipment problem, appropriate steps for resolution, name of the technician, date and time of the call, on-site time. The SAR is then presented to the client for acknowledgement and if agreed that the call can be "closed-out" we request signature approval. 2.2.2 Help Desk 2.2.2.1 What is the expected wait time during regular business hours and after hours? SMS Response: During normal business hours all services calls are answered directly by our technical support staff and Field Engineers within a few rings. (SMS does not use automated attendants or voicemail.) After normal business hours, service calls to the local service number or toll-free number are answered by our dispatch center which contacts the local Field Engineer-on-duty who will handle your call. SMS has a 5-minute escalation procedure in place in case the local Field Engineer is busy or can not otherwise be reached. In this case, if the call is not responded to within 5 minutes, the dispatch center will first escalate the call to the on-duty back-up, and if necessary to the local Service Manager, Regional Service Manager and Vice President with 5 minute increments. 2.2.2.2 Where is the help desk physically located? SMS Response: SMS maintains local helpdesk and field support in each of its 23 service branches. Support for the City of Santa Ana resides at 12604 Hidden Creek Way in Cerritos, CA. According to "MapQuest" SMS is within 17 miles, door-to-door. Additionally, SMS engineers in our Corporate Support Group provide support to our Field Engineers and local Service Managers. The Corporate Support Group (CSG) resides just outside Boston, MA. 2.2.2.3 What is the knowledge level of the help desk staff and are they certified? SMS Response: CSG is a high-level technical support team that combines hardware, software, operating system and networking knowledge and skills to resolve complex client problems. CSG provides telephone support to SMS engineers while at the client site and answers client inquiries related to issues beyond a standard hardware problem. Most of the CSG and Field Engineers have earned their college degrees in Computer Sciences or Electrical Engineering and have an average of 5 years or more of Field Engineer experience. 2.2.2.4 Does the help desk staff have access to HP bug logs, problem fix records and technical documents? SMS Response: Yes. The SMS Corporate Support Group has access through the web to a wide range of information and updates in support of the HP and other OEM hardware systems we support. SMS keeps a local history record of all maintenance performed for each of our clients' systems. 2.2.3 Escalation Procedures 2.2.3.1 What are the procedures for regular business hours and after-hours escalation? SMS Response: Following is a brief description of our standard escalation procedures that would be modified slightly to meet the time requirements for the City of Santa Ana. Our escalation procedures do not vary for regular and after-hours service calls. SMS support procedures include a detailed call escalation procedure method which all our Field Engineers and technical support staff are required to follow. Briefly, the on-site Field Engineer is responsible for timely communication with his local Service Manager and is to inform the Service Manager of the progress of each service call. After one (1) hour of on-site troubleshooting without resolution, the Field Engineer is required to call his Service Manager to request assistance. If necessary, the local Service Manager will dispatch a Senior Engineer. At the end of two (2) hours the on-site technician(s) and local Service Manager are required to request support from the SMS Corporate Technical Support group. If after four (4) hours without resolution the SMS Field Engineer, Senior Engineer, Service Manager and Corporate Technical Support, request the support of the Manager of Engineering (company Vice President) and alert the Sale Manager and Sales Representative. At that point Corporate Technical Support takes over the technical direction of the call. The Manager of Engineering is given access to the entire corporate resources to resolve the problem. It is the responsibility of the Manager of Engineering to keep the company President informed. After eight (8) hours the particular problems is not resolved, the entire malfunctioning system/unit will be replaced with a totally tested unit from SMS' local Spare Parts Depot Center. 2.2.3.2 What level of Vendor's management are involved in escalations and how? • • SMS Response: When a service call extends beyond a normal expected time to repair the Call Escalation Response Team plan is automatically activated. SMS support procedures are in place on eve field service call to eliminate any unnecessary problems. SMS has a Call Escalation Response Team (CERT) comprised of high skilled engineers, corporate technical staff and corporate management. Since time is critical in maintenance support, SMS procedures call for the direct involvement of higher levels of staff, managers and executives, including the company President based in hourly increments until the problem is resolved. Description of specific management responsibility is noted above in 2.2.3.1. 2.2.4. Preventive Maintenance 2.2.4.1 What can be accomplished at pre-determined scheduled PM's? SMS Response: SMS preventative maintenance (PM) is a program in which normal wear and tear is anticipated and scheduled corrective actions are taken to ensure peak efficiency and to minimize deterioration. SMS conducts regular scheduled PM service calls semi-annually on each of the systems covered on the maintenance agreement. PM calls involve planned and controlled system inspections, cleaning, and where appropriate diagnostic testing and analysis. The result of a successful PM program extends the life of the equipment and minimizes unscheduled downtime that causes major problems. It ensures that equipment is operating properly, and breakdowns are held to a minimum. A successful and thorough PM program saves our clients time and money. As the adage goes, "An ounce of prevention is worth a pound of cure." PMs will also help safeguard all the data stored within the network of systems. Lastly, system performance is enhanced with a clean, dirt- free and dust-free cleaning and vacuuming. 2.2.4.2 Is there an off-hours strategy for applying patches and updates? SMS Response: Yes. SMS will provide hardware patches and updates on systems covered under our maintenance agreement and schedule this work at your convenience any day or time. 2.2.5 Parts availability 2.2.5.1 How would parts availability be measured? SMS Response: SMS procedures require the local Service Manager to maintain 100% inventory of all systems, parts and components. This inventory record is maintained in the SMS MIS database. Physical audits are conducted annually by our staff to insure the accuracy of each offices inventory. Clients are always welcome to arrange with their SMS sales representative a visit to our service center for a tour of our facility and to see first-hand our test lab, data center and parts inventory as well as to meet our local support staff. 2.2.5.2 How available would parts be? SMS Response: SMS maintains a 100% hot-spares inventory in our Cerritos service center. SMS stocks systems, parts and components locally in each of our 23 service centers across the country. It is the responsibility of our Cerritos, CA service center (and each of the other service centers) to work in conjunction with our corporate logistics team to insure Cerritos has a minimum of 100% spares available to support our clients. SMS parts inventory is based on the maintenance contracts we have with our local and national customers. Our 100% local sparing policy means that we have systems, parts and components for i • all the systems covered on your maintenance agreement. 2.2.5.3 What if a part is not readily available? SMS Response: The SMS MIS inventory database provides each of the 23 local service centers updated information on inventory logistics. This allows SMS to expedite emergency replacement parts and components that may be necessary for any unexpected parts shortfall. Alternatively, in an emergency situation SMS has agreements with strategically located distributors. All systems, parts and components are tested in the SMS lab to ensure full and complete functionality before taking on-site. 2.2.6 Staffing 2.2.6.1 Is a primary responder designated? SMS Response: Generally a primary responder Field Engineer is designated when it is critical to the client. For the platforms operated by the City, SMS is pleased to designate a primary responder and aback-up who will be available in the event that he primary Field Engineer is not. Both of these engineers will study the City's systems in depth so they will be prepared to diagnose, analyze and test all suspect systems, parts and components when a problem arises. SMS Field Engineers are trained on all OEM systems we support. The Field Engineers assigned to the City will have a minimum of five years maintenance training experience, and will be backed up by Senior Area Engineers with a minimum of ten years experience. The local Service Manager will work with the City to assign support resources who will best meet all the technical and legal requirements as outlined herein. 2.2.6.2 How many staff and with what skills would be assigned to provide services to the City? SMS Response:. Barring any special staff requests by the City of Santa Ana, the SMS Service Manager would provide the best qualified Field Engineer available at the time of the call. SMS supports a number of local southern California city and police clients with each of our staff meeting their vendor support requirements, including but not limited to criminal history, wants and warrant checks, etc. 2.2.6.3 How would the competence of the Vendor's staff be established? SMS Response: SMS is cautious in its hiring process. As stated earlier, SMS Field Engineers typically are college graduates who have earned a Bachelor of Science degree in Computer Sciences or Electrical Engineering. Further, generally SMS Field Engineers have a minimum of 5 or more years of experience. 2.2.6.4 What skills will be provided? SMS Response: SMS has been maintaining and repairing server hardware for over 25 years. Our corporate and local staff of technical support personnel are all trained to diagnose, repair and test HP/DEC/Compaq, Sun, IBM and Dell hardware and their various operating systems. Beyond technical skills, SMS encourages professional interpersonal relationship skills by our staff. SMS believes these to be key ingredients in providing outstanding customer support and building a long lasting business relationship. 2.2.6.5 What would be the availability of on-site engineers and help desk engineers? SMS Response: SMS has built a reputation in the industry for its outstanding on-site response and repair capability. SMS is not an equipment reseller or VAR. Our sole business is emergency response and repair and as a result we focus on on-site response with tested working repair parts and components to resolve the systems failure. • 2.2.6.6 How would the service staff be trained and certified on existing equipment and any new equipment? SMS Response: SMS service personnel are provided several methods of ongoing training including web-based knowledge transfer, hardware training and testing in SMS labs, and traditional train-the-trainer classes by the equipment manufacturers and their representatives. 2.2.6.7 How long will it take for the service staff to reach full competence on new equipment? SMS Response: Training our staff on new systems can be done rapidly; usually within a 30 day period. Beyond training, SMS typically will not elect to cover certain products until the entire SMS "support process" is in place to support that additional system. SMS is proud of its reputation for outstanding customer support. This is the foundation upon which the company has stood and from which it has grown over the past 25 years. Decisions to support new products is reviewed thoroughly insuring the Field Engineer is knowledgeable to diagnose and repair the system but also so that the entire support organization up through the VP of Engineering is in place in case an escalation is required. Training, equipment acquisitions, inventory logistics, etc., all play an important part in our decision on which products to cover. SMS is not afraid to say no to a request to cover certain products if we are not thoroughly prepared to support this 100%. 2.2.6.8 What type of oversight and quality control is provided to field staff and help desk staff? SMS Response: As a corporate entity, SMS has several levels of management including, the executive "C-level", VP and Regional Directors and local Managers. Each level is responsible for it team and is accountable in an escalation. SMS management holds regular review meetings with its staff at all levels and for all departments. Field Engineers are held accountable for such things as first-fix-call-rate, accuracy in diagnosis, responsiveness, inventory control, proper and timely escalations, etc. The SMS executive management team is willing to be very flexible in support of our clients' special needs and holds all departments accountable to keep our clients satisfied by meeting and exceeding their service level requirements. 2.2.7 Service Level Agreement 2.2.7.1 Is there a system of severity levels used to triage support requests? SMS Response: Yes. SMS follows a similar format of triage as we do for call escalation. The same procedures described in 2.2.3.1 and 2.2.3.2 for problem escalations are implemented for the triage of service support and repair calls. Typically the local Service Manager will provide the initial triage review before handing off to a Field Engineer. The triage and escalation procedures then activate automatically on every call. Based on the level of severity of the problem, staff level Field Engineers and local technical support routinely communicate all repair activity, including problem diagnosis and estimated time of repair, to the Service Manager. This communication is then used by the Service Manager to gauge what other SMS resources may be needed for a timely close-out of the repair call. Constant communication between the Field Engineers and their local Service Managers is one of the critical components to our consistently timely on~ite response and repair. As discussed above in 2.2.3.1 and 2.2.3.2, the on-site Field Engineer is responsible for timely communication with the local Service Manager. The Field Engineers are also responsible for ~ ~ keeping the Service Manager informed of the progress of each service call so the Service Manager can schedule additional help if required, escalate to the SMS Corporate Support Group or plan alternative support methods to assist in the current call being closed-out. 2.2.7.2 Commitment to SLA reflected by Vendor's willingness to pay refunds for missing service levels. SMS Response: SMS always offers clients a right of cancellation with a fifteen (15) day notice if SMS fails to comply with the service agreement. In over 25 years of maintenance contracts such cancellation has never been implemented. 2.3 Pricing The City wishes to explore the potential pricing for a range of service/repair options. These options are listed in Table B. below. The options vary in three areas: Maximum The elapsed time from the moment City contacts the Vendor by either Response = phone or email requesting support to the instance when the Vendor's support staff reports on-site at the City data center. Return-to-Service The elapsed time from opening of service request to time City closes Time = request. Condition of The acceptable condition of a system for which service has been System at Close requested after a predefined elapsed time period and after the Vendor's Out = service/repairs are deemed by the City successfully completed. SMS Response: Read and understand. 2.3.1 Proposers are asked to respond on their ability to support each option and to provide pricing for each model of Data Center equipment employed by the City (see Table B) for each supported option. Table B. Service/Repair Options Option # Maximum Phone Response Time Maximum Onsite Response Time Retum- To- Service Time Condition of System at Intermediate Period of Time CondiSon of System at Close Out 1 15 3 6 Na System restored to full minutes hours hours functionality. Nowork-arounds or temporary parts allowed. 2 15 3 24 Essential functionality Full functionality restored to minutes hours hours restored to system system within 24 hours. within 12 hours. No work-arounds or Work-arounds and temporary parts allowed. temporary parts allowed. • • SMS Response: SMS is pleased to propose a line item price proposal for hardware maintenance support of the HP hardware outlined in Table A of Section 1.2, above. As noted on Page 4 of the attached SMS Maintenance Service Agreement (N103), pricing is based on 7x24 coverage with a 3-hr on-site response time and a 24-hr return-to-service guarantee. Alternatively, a 20% uplift can be applied to provide "a 6-hrreturn-to-service guarantee. The City indicated in the vendor meeting of June 19, 2006 that a number of servers are still currently under warranty. It was agreed that for purposes of this RFP all prospective vendors were to price these systems as if no systems were under warranty. If SMS is selected as the vendor of choice for the City, SMS can provide warranty and extended warranty coverage at a fraction of the OEM and even SMS standard pricing. A "warranty uplift" option to fu117x24 on~ite service carries all the services and coverage as the other systems that SMS is proposing to maintain. For example, SMS is capable of expanding the standard warranty (typically next day delivery of parts only) to full 7x24 on-site service for a very incremental charge (ie. DL360 is about $14/mo for complete 7x24 coverage). At the expiration of the warranty the uplift ends and full SMS coverage would apply from that point forward. A full list of those prices and will be provided when serial numbers and warranty systems are divulged. SMS continues to strive to offer a fair, flexible and competitive pricing model to all our maintenance clients. We understand that not all industry data centers have the exact same emergency response requirements and so we are pleased to provide the City of Santa Ana pricing options that meet its particular "call-close" requirements. In order to help the City of Santa Ana evaluate our responsiveness and ability to meet the City's call close-0ut time requirements, we would like to share some empirical data that identifies a sampling of our standard support so that the City can decide which pricing plan will be best for its service requirements. Attached are call logs from 2 of our larger southern California clients. These logs report ail service calls for a period of 14 and 21 months including when the call was first initiated to when the call was closed-out. Unless a specific meeting date and time was pre-scheduled by the client,100% of the calls were closed-out well within the City's 24-hr requirement and virtually all the calls were closed out within the 6 hr timeframe, even without that contractual requirement. Does the City need the "6 hour guarantee" option at a 20% increase in its cost if our current "3 hour response" support meets the actual requirements virtually all the time anyway? Not sure? SMS can offer the following options: 1) Try our coverage with standard "3 hour response" under a 90-day or 120-day evaluation. 2) Select the higher service level only for the most critical servers. Save 20% on the rest. • SMS will allow the client to change coverage per serial number How can SMS consistently meet and exceed our clients' service requirements? Speed • We answer all calls immediately and directly by our technical staff • We stock 100% of the systems, parts and components on your agreement in Cerritos • We provide hot-sparing to eliminate on-site surprises (ie Out-of-Box DOAs) • We built a nationwide company with 23 service centers all with back-up inventory Skill • Our technical staff is experienced and skilled at maintaining HP, IBM, Sun and Dell servers • We have 25 years of experience supporting mission~ritical data centers Service • We are professional. We know our niche and our strengths • We do not try to be everything to everyone. Service only. Not a reseller or VAR. • We respect our clients' business needs and critical time requirements • We always remember who the client is. 2.3.2 Multi-Year Discount. The City is interested in knowing if a commitment to term of an agreement for more than one year would be reciprocated by the Vendor with pricing discounts. If so, the City would consider either a 2-year or 3-year term for the agreement. SMS Response: SMS is pleased to provide the City of Santa Ana with several increasing discount options from which to choose. These options allow for discounts from 4% - 7% depending on the term selected. If the City would like to take advantage of the 5 year term discount SMS is flexible and will work out terms to help satisfy the City's legal limitations. Additionally, SMS is providing an Annual pre-payment discount option of 3%. 2.3.3 The Proposer is asked to explain the method followed, and included in any agreement, to set the price for additional models of equipment not identified in any original agreement. SMS Response: As indicated on MSA agreement (N103) Quotation Summary, Page 4, number 2 of the "Notes" section: "Future additions to this agreement may be added at the same price or discount." 2.3.4 Proposals from the Vendor must fully disclose any and all charges that the City would be subject to from the Vendor under an agreement resulting from this proposal. SMS Response: As indicated on MSA agreement (N103) Quotation Summary, Page 4, number 1 of the "Notes" section, unless otherwise priced: "The final MSA configuration and pricing is subject to an on-site audit and serial number verification." Also noted at the bottom of MSA agreement (N103) Page 3: "The above PC Server Pricing includes: (1) <= 17" CRT Color Monitor per server, all CPU's, Memory, CD-ROM, Floppy Disk, Internal Disk Drives and Keyboard and Mouse. The Above PC Server Pricing does not include: Monitors exceeding 17'; LCD/TFT Displays, Touch Screen Monitors, Printers, Storage Arrays, Tape Drives, Scanners." If the City requests and authorizes support services to be provided by SMS that are outside the normal scope of hardware maintenance coverage or on a system that is not already covered on the agreement, SMS will provide its best-effort service support on a time and material basis. Rates for time and material support include parts, labor, portal-to-portal travel, parking and tolls. Standard business hours labor rates are $175/hr and $225/hr for after hours support. 3. GENERAL TERMS AND CONDITIONS 3.1 AGREEMENT Prior to the performance by the Vendor of any work hereunder, the City and the Vendor shall enter into a written agreement, a draft of which is attached as Appendix B. • ' ' Proposers responding to the RFP are strongly advised to review all the terms and conditions contained in the draft agreement. SMS Response: Read and acknowledged. 3.2 INSURANCE REQUIREMENTS Proof of insurance is not required to be submitted with the proposal, but will be required prior to the City's award of the agreement. II-~lll~]:aI_\-~~i Proposers should carefully consider the City insurance requirements and the related documentation included in the Draft Agreement [see Appendix C]. 111/11~]:aIG\\~u Proposals should be based on full and complete compliance with all parts and directions relating to these insurance requirements. SMS Response: Read and acknowledged. 3.3 PROOF OF AUTHORITY If the Proposer is a corporation, formal proof of the authority of the officer signing the Proposer's proposal to bind the corporation must be submitted and will be required prior to the City's award of the agreement. A copy of the corporate resolution or minutes can be adequate proof. A simple letter is not sufficient. SMS Response: Read and acknowledged. 3.4 TAXES Prices proposed shall include all applicable federal, state, local and other taxes -all items separately. SMS Response: Read and acknowledged. 3.5 WITHDRAWAL OF PROPOSAL Any requests to withdraw a proposal must be submitted in writing. SMS Response: Read and acknowledged. 3.6 ERRORS AND OMISSIONS Proposer shall not be allowed to take advantage of any errors in or omissions in the Request for Proposal. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City. SMS Response: Read and acknowledged. 3.7 RESERVED RIGHT The City reserves the right to reject any and all proposals and any item or items therein, and to waive any non-conformity of proposals with the RFP, whether of a technical or substantive nature, as the interest of the City may require. SMS Response: Read and acknowledged. 4. CONTENTS OF AND INSTRUCTIONS TO PROPOSERS 4.1 To assess qualifications in providing data center maintenance and support services, as specified in Sections 1, 2, and 3 above, and to determine the strength and stability of the firm, every Proposer is required to complete and submit the Proposal Response Form (Appendix A) or a separate submission with a response to each item included in the "Proposal Response Form." SMS Response: Read and acknowledged. 4.2 Proposals shall be prepared and submitted in accordance with the requirements set forth in the RFP. SMS Response: Read and acknowledged. 4.3 The Proposer is to submit their proposal in a sealed package bearing the firm's name and address and clearly marked as follows: Proposal for Qualified Vendors to Provide Data Center Maintenance and Support Services to the City of Santa Ana SMS Response: Read and acknowledged. 4.4 - • - ~ Proposals must be submitted and time-stamped received by the Information Services Division on or before: July 05, 2006 at 4:00 p. m. (If walked in) (If mailed) City of Santa Ana City of Santa Ana Information Services Division 20 Civic Center Plaza Room 622 (n the basement of City Hal!) Santa Ana, CA 92701 Information Services Division M-12 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1988 SMS Response: Read and acknowledged. 4.5 II-~iI:Z•]:ir_\~~M~ Facsimile transmission (FAX) or electronic mail (EMAIL) copies are nOt acceptable. SMS Response: Read and acknowledged. 4.6 Requests for information or questions regarding this RFP or the process may be directed to: Thomas J. Gergen Manager, Information Services Information Services Division 714.647.6958 voice 714.647.5406 fax tgergen@ci.santa-ana.ca. us SMS Response: Read and acknowledged. 4.7 Questions regarding this Request for Proposal should be directed only to the person designated above. SMS Response: Read and acknowledged. 4.8 Do not contact any other city employee or official regarding this RFP. SMS Response: Read and acknowledged. 4.9 Mailing address for questions: City of Santa Ana Information Services Division 20 Civic Center Plaza, M-12 P.O. Box 1988 Santa Ana, CA 92702-1988 SMS Response: Read and acknowledged. 4.10 PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held: Date: Friday, June 16, 2006 Time: 10:00 a.m. Place: Room 309A of City Hall Address: 20 Civic Center Plaza, Santa Ana, CA 92701 Attendance at the pre-proposal conference is not mandatory but is recommended. The purpose of the conference is to clarify any questions related to the RFP. Any significant changes to the specifications, as a result of the discussions at the pre-proposal conference, will be mailed to all companies that have received the proposal package from the City. SMS Response: Read and acknowledged. Attended by SMS Sales Executive Michael K. Cook. 5. EVALUATION PROCEDURE The City's evaluation of proposals will consist of two-phases: 1) a review of requested submission items; and 2) a review of the substantive content of proposals. 5.1 REVIEW OF REQUESTED SUBMISSION ITEMS Proposals will be reviewed for completeness. Proposals with missing or incomplete items may not be considered. Proposer's submission: 5.1.1. Must contain a completed "Proposal Response Form" (Appendix A) or a separate submission with a response to each item included in the "Proposal Response Form.° SMS Response: Read and acknowledged. 5.1.2. Should include (where applicable) proof of authority to bind the corporation as defined in section 3.3. SMS Response: Read and acknowledged, including changes as per Tom Gergen's 6/22/2006 email clarification from the City's Assistant City Attorney. 5.1.3. Include the required proposal with all submission requirements in a sealed package (section 4.3). SMS Response: Read and acknowledged. 5.1.4. Must have been delivered to the correct place prior to the specified closing date and time (section 4.4) SMS Response: Read and acknowledged. 5.2 EVALUATION Selection shall be based upon a competitive selection process and not limited to price alone. Proposers must satisfy the City in their ability to perform the services required. In the judgment of the City, any proposal that does not provide adequate evidence that the Proposer has the capabilities to perform the services sought by the City (see Sections 1 and 2) will not be further considered. It is not the City's intention to exclude very high bids or to automatically award an agreement to the Proposer of the lowest price for services. The City seeks to get the best balance of service value and price. Based on the information provided in their RFP response, each of the Proposers will be evaluated by a City selection team and will be assigned a point score for each of five evaluation criteria. While evaluation is subjective by its nature, the City selection team will judge each proposal on its merit in only the evaluation criteria areas. The weighted evaluation criteria include: Criteria Max Points Qualifications and ability to provide 20 require services Service Strategy 20 References 20 (basis is quality of service to similar size/complexity organizations) Quality and ability of the 20 organization to support the agreement (e.g. accounting, sales, contracts, senior management, etc.) Cost 20 Total 100 SMS Response: Read and acknowledged. 5.3 INTERVIEW An interview may be required for clarification purposes if so determined by the evaluation team. However, only top rated Proposers will be asked to participate in the interview process. SMS Response: Read and acknowledged. 5.4 RECOMMENDATION FOR AGREEMENT The selection recommendation will be based on the accumulated point score for all criteria and any clarifying interviews. Based on the evaluation of the City selection team, a recommendation will be made to the City Council to authorize an agreement between the City and the selected Proposer. SMS Response: Read and acknowledged. 6. AWARD OF AGREEMENT Based on the selection team's recommendation and upon the authorization of the City Council, the City will offer the selected Vendor an agreement to provide the service described in this RFP. A sample of the draft agreement can be found in Appendix B. APPENDIX A -Proposal Response Form (Fill in this form or submit a separate response which addresses each item.) Proposal to Provide Data Center Maintenance and Support Services to the Ci of Santa Ana Name of Proposing Firm: SMS -SYSTEMS MAINTENANCE SERVICES, INC. VendoPs Principal Location: HUDSON, MASSACHUSETTS (BOSTON,MA) Vendor's Location that will service the City: CERRITOS, CA Contact Name for Proposal: MICHAEL K. COOK Phone Number: (O) 562-407-1229 (C) 626-253-1543 Fax Number: 562-407-1233 email address MKCOOKCa~SYSMAINT.COM Please submit answers to the following questions (Note: Proposer may attach additional or substitute pages as needed to complete responses.) 1. Short summary description of organization, ownership, and services provided by your firm. -_J SMS, Systems Maintenance Services, Inc. was incorporated in Massachusetts in 1981. Over the past 25 years, SMS evolved from a small local service provider to a $25MM firm with over 140 employees working from twenty-three facilities nationwide. Effective January 1, 2006, SMS founder Thomas Welch retired selling the company to Frontenanc Company. Senior management includes long time SMS executives Mr. Joseph Scordino, President and Thomas C. Welch, Vice President. Frontenac Company executives, Mr. Don Doctor and Mr. Steve Favory round out the executive management team as CEO and CFO, respectively. Systems Maintenance Services (SMS) provides computer systems maintenance services, primarily to the middle-market enterprise customers for their high-end and mid-range servers. SMS focuses on servicing clients' HP/Compaq/DEC, Sun, IBM and Dell platforms operating in mission-critical service environments. SMS successfully competes with large original equipment manufacturers based on local presence, responsiveness and pricing. 2. MAXIMUM of three references of clients for which your firm provides similar data center support. [relates to section 5.2] Reference One: Name of Client Miller Brewin Location of Client's data center/s Irwindale, CA; Milwaukee, WI; Trenton,OH; GA; NC Knowled eable contact Mr. Tom Brinton Contact's hone number 626-969-6283 Brief descri tion of a of su ort rovided 7x24, 2-hr IBM and HP AI ha Servers How Ion has su ort been rovided? 2" ear of contract Reference Two: Name of Client Los An eles Times Location of Client's data center/s Los An eles, CA Knowled eable contact Mr. Joe Shea Contact's hone number 213-237-4445 Brief descri tion of a of su ort rovided 7x24, 2-hr and 7x24, 4-hr. IBM RISC s stems How Ion has su ort been rovided? 5 ear of contract APPENDIX A Proposal Response Fonn (Continued) Reference Three' Name of Client Healthcare Partners Location of Client's data center/s Irvine, CA Knowled eable contact Mr. Jim Geier Contact's hone number 310-630-2302 Brief description of type of support provided 7x24, 4-hr and 5x9, 4-hr. HP Alphaservers and Proliants How Ion has su ort been rovided? 8 ear of contracts 3. In the last three years, has any client of data center support and maintenance services: (a) Terminated their agreement with your firm for cause? If yes, explain: (b) Initiated legal action against your firm relating to these services? If yes, explain: [relates to section 5.2] • No ^ Yes • No ^ Yes 4. Essential Requirements City Required Terms and Conditions Accept Decline Identify any Alternatives exce 'ons ex lain E ui ment covered The City may add and/or remove equipment from •Yes ^ No the coverage of the agreement with 15 days prior written notice. ref: section 2.1.1.1 The Vendor must disclose in writing in its Yes ^ No Refer to 2.2.1.2 above proposal any model of equipment identified by for detailed response. the City as part of its current inventory for which it will not provide the full range of services included in this RFP and/or would terminate all or part of service prior to end of the term of the agreement. ref: section 2.1.1.2 Break-Fix Simply put, if something covered under the •Yes ^ No SMS offers "All agreement breaks, the City expects the Vendor Inclusive" service for to return it to at least manufacturer's original coverage beyond equipment specifications within the time framed "normal wear and efined in the agreement. tear." Refer to 2.1.2.1 ref: section 2.1.2.1 above. Su ort Services Help desk phone support must be available Yes ^ No Refer to 2.1.3.1 above 24x7x365 and not have a wait time over 15 for detailed response. minutes to speak to a support engineer. ref: section 2.1.3.1 Help desk assistance for the City's efforts in self- •Yes ^ No Refer to 2.1.3.2 above help. This consists of advice on new for detailed response. configurations, new hardware configurations and troubleshooting issues while waiting for an onsite engineer to arrive. ref: section 2.1.3.2 APPENDIX A Proposal Response Form (Continued) Service Re uests The City must be able to initiate a request for •Yes ^ No Refer to 2.1.4.1 support 24x7x365. above for detailed [ref: section 2.1.4.1] res onse. Service requests can be submitted to the vendor •Yes ^ No Refer to 2.1.4.2 via toll-free phone number and via web. above for detailed [ref: section 2.1.4.2] res onse. The City shall assign the level of severity to each •Yes ^ No Refer to 2.1.4.3 service request. above for detailed [ref: section 2.1.4.3] res onse. The City shall determine when a service call has •Yes ^ No Refer to 2.1.4.4 reached Close-Out. Only at this time can the above for detailed ticket be deemed completed response. ref: section 2.1.4.4 Preventive Maintenance (PM'S) U dates/Re airs PM's performed at a frequency to ensure •Yes ^ No Refer to 2.1.5.1 firmware/BIOS/driver patches and updates are above for detailed installed in a timely manner. response. ref: section 2.1.5.1 Every effort is taken by the Vendor to proactively Yes ^ No Refer to 2.1.5.2 avoid problems. above for detailed [ref: section 2.1.5.2] res onse. Staffin Vendor's staff to work on the City site must be •Yes ^ No Refer to 2.1.6.1 able to ass a Police back round check. above for detailed • [ref: section 2.1.6.1] res onse. The City reserves the right to not accept or to •Yes ^ No Refer to 2.1.6.2 have a service staffer removed for any reason. above for detailed [ref: section 2.1.6.2] res onse. Parts All parts must be new and built to original •Yes ^ No Refer to 2.1.7.1 equipment specifications. Any exceptions require above for detailed prior written approval from the City. response. ref: section 2.1.7.1 Remanufactured or recertified parts will not be •Yes ^ No Refer to 2.1.7.2 accepted unless new parts are unavailable from above for detailed the manufacture and then only with the City's response. prior written approval. ref: section 2.1.7.2 Invoicin The Vendor must provide the City with a monthly •Yes ^ No Refer to 2.1.8.1 invoice detailing specific services provided by the above for detailed Vendor and for which the Vendor seeks payment response. under the terms of the agreement. ref: section 2.1.8.1 The format and details of the invoice will be •Yes ^ No Refer to 2.1.8.2 agreed upon before any billable services can above for detailed begin. response. ref: section 2.1.8.2 Sub-contractin The Vendor may not subcontract any part of the •Yes ^ No Refer to 2.1.9.1 services under this agreement or use non- above for detailed employees to perform those services without the response. prior expressed written approval of the City. ref: section 2.1.9.1 APPENDIX A Proposal Response Form (Continued) 5. Vendor's Service Strategy In an effort to better understand your firm's service strategy, the City has identified some specific interest areas. Please provide a brief description of your firm's approach, procedures or methods to each of the following: In addition, supply a short response to each of the City's questions relating to the interest area. City Interest Areas relating to Data Center Maintenance and Support Related questions Response Vendor's Service Strategy Service Request Procedures How would the City initiate a request for service? Refer to 2.2.1.1 above for detailed response. 0 How would a service request be closed out? ref: section 2.2.1 Refer to 2.2.1.2 above for a detailed response. Help Desk What is the expected wait time during regular business hours and after Refer to 2.2.2.1 above for a detailed response. hours? Where is the help desk physically located? Refer to 2.2.2.2 above for a detailed response. What is the knowledge level of the help desk staff and are they certified? Refer to 2.2.2.3 above for a detailed response. u Does the help desk staff have access to HP bug logs, problem fix records and technical documents? ref: section 2.2.2 Refer to 2.2.2.4 above for a detailed response. Escalation Procedures 0 What are the procedures for regular business hours and after-hours escalation? Refer to 2.2.3.1 above for a detailed response. What level of Vendor's management are involved in escalations and how? ref: section 2.2.3 Refer to 2.2.3.2 above for a detailed response. Preventive Maintenance What can be accomplished at pre- determined scheduled PM's? for Is there an off-hours strate Refer to 2.2.4.1 above for a detailed response gy applying patches and updates? ref: section 2.2.4 Refer to 2.2.4.2 above for a detailed response Parts availability How would parts availability be measured? Refer to 2.2.5.1 above for a detailed response 0 How available would parts be? Refer to 2.2.5.2 above for a detailed response What if a part is not readily available? ref: section 2.2.5 Refer to 2.2.5.3 above for a detailed response APPENDIX A Proposal Response Form (Continued) City Interest Areas relating to Data Center Response Vendor's Service Strategy Maintenance and Support 0 Related questions Staffing Is a primary responder designated? Refer to 2.2.6.1 above for a detailed response How many staff and with what skills would be assigned to provide Refer to 2.2.6.2 above for a detailed response i t th Cit ? serv ces o e y How would the competence of the Vendor's staff be established? Refer to 2.2.6.3 above for a detailed response What skills will be provided Refer to 2.2.6.4 above for a detailed response What would be the availability of on- site engineers and help desk Refer to 2.2.6.5 above for a detailed response engineers? 0 How would the service staff be trained and certified on existing Refer to 2.2.6.6 above for a detailed response equipment and any new equipment 0 How long will take for the service staff to reach full competence on new Refer to 2.2.6.7 above for a detailed response equipment? 0 What type of oversight and quality control is provided to field staff and Refer to 2.2.6.8 above for a detailed response help desk staff? ref: section 2.2.6 Service Level Agreement Is there a system of severity levels Refer to 2.2.7.1 above for a detailed response used to tria a su ort r nests? • 0 Commitment to SlA reflected by Vendor's willingness to pay refunds Refer to 2.2.7.2 above for a detailed response for missing service levels. [ref: section 2.2.7j Proposers are encouraged to explain other aspects of their service strategy that they feel differentiate their ability to provide quality and timely maintenance services to the City. SMS DIFFERENTIATORS: 1) SMS originated the concept of "HOT SPARES," and maintains amulti-million dollar parts inventory of "HOT SPARES" at each of our field service locations. We constantly modify each service location's equipment inventories to meet the changing needs of the clients they support. "HOT SPARES" are taken from fully operational systems in our local field service center to provide clients with prompt system recoveries and minimize the possibility of bringing a "dead" spare part too a site needing repair. Each field service center also has live-running computer systems similar to SMS' client's systems for other reasons as well: • They are available to SMS Field Engineers to fulfill their obligations under the SMS Escalation Policy • It enables SMS to test repaired modules to ensure true functionality • If a client has a unique system "glitch", SMS is capable of duplicating the clients environment in our local service office to assist in fault resolution • It provides our experienced technical people with exposure to client's systems during their continual training in their local service center. 2) Continuous Effort. Once a service call is received the SMS Field Engineer will in all cases arrive on-site and remain on-site until the problems is resolved. This means that, for example, if a client has Sam to 5pm service and 4-hr response and places a call at 4:55pm, the SMS Field Engineer will arrive on-site with replacement parts before 8:55pm that evening and will remain on-site until the problem is resolved, at no added cost to the client. 3) Guaranteed System Replacement. If SMS can not fix the malfunction in eight (8) hours, SMS will replace the entire system. 4) Free Operating System Telephone Support. 5) Small Business Status. SMS is certified by the US Government General Services Administration as meeting the classification requirements as a "Small Business." SMS' GSA contract number is GS-35F-5082H. 6) Low Cost Structure. SMS maintains a low cost structure which allows us to in turn offer our clients a tremendous value alternative to standard OEM post-warranty maintenance solutions. [ref: section 2.2] APPENDIX A Proposal Response Form (Continued) 6. Pricing 6.1 Identify your firm's ability to support each service/maintenance option listed below, any exceptions, any alternatives, proposed pricing and any and all other associated charges. [ref: section 2.3.1] • # c p Maximum Phone Response Time Maximum Response Time Return- To- Service Time Condition of System at Intermediate Period of rme Condition of System of Close Out Vendor can and will support this senrice/maint. O t%OR Identify excepti~ ~ 15 3 hours 6 hours na System restored to fully functionality. •Yes minutes No work-arounds or temporary parts allowed. ^ No 2 15 3 hours 24 Essential functionality restored Full functionality restored to system •Yes minutes hours to system within 12 hours. within 24 hours. ^ No Work-arounds and temporary No work-arounds or temporary parts parts allowed. allowed. APPENDIX A Proposal Response Form (Concluded) 6.2 Should the City elect to an agreement term of more than one year, will your firm provide the City with any discount in pricing? SMS Response: Yes. Refer to matrix below and the detailed description in 2.3.1 above. [ref: section 2.3.2] Term of agreement for Data Center su ort and maintenance Pricing Discount Describe 2 years ^ No 4% discount available fora 2 year initial term •Yes 3 years ^ No 5% discount available fora 3 year initial term • Yes 6.3 Explain the method that your firm proposes to set the price for additional models of equipment not identified in any original agreement. [ref: section 2.3.3] SMS Response: Refer to 2.3.3 above for a detailed response 6.4 Identify any and all charges that the City would be subject to from your firm under an agreement to provide the City with Data Center support and maintenance. [ref: section 2.3.4] SMS Response: Refer to 2.3.4 above for a detailed response t SMS Systems Maintenance Services, Inc. HARDWARE • SOFTWARE • SUPPORT SMS Preventive Maintenance Checklist • Review and clear all error logs • Run diagnostics (as needed) • Check line voltage, amperage and ground • Check all lighting indicators • Check for any visible damage to cables (replace as needed) • Check temperature (C/F) and relative humidity (%) • Filter Inspection: clean/replace any air filters • Check and clean all air vents • Check and replace fans (as needed)* • Check any door seals and latches for proper closure • Assure proper airflow for system • Note any physical damage which might become an issue • Open all external enclosures* • Note any new equipment/add-ons * These steps require that the system be taken down Comments: SMS Field Service Engineer Date 12604 HIDDENCREEK WAY. SUITE C. CERRITOS. CA 90703 TEL: (562) 407-1229 FAX• (5621407-1233 OTHER FACILITIES: BOSTON, MA • LITTLETON, MA • ENGLEWOOD, NJ • SILVER SPRING, MD .PHILADELPHIA, PA ATLANTA, GA • CHICAGO, IL • SAN FRANCISCO, CA • CHARLOTTE, NC • HARTFORD, CT • DALLAS, TX KANSAS CITY, MO • HOUSTON, TX • PHOENIX, AZ • AKRON, OH • TAMPA, FL • SEATTLE, WA • ISMS SMS Systems Maintenance Services, Inc. HARDWARE•SOFTWARE•SUPPORT Call Escalation and Corporate Support Procedures The following outlines SMS' Customer Escalation Response Team (CERT) policy for service call escalation. The Customer Escalation Response Team is comprised of highly skilled engineers, an experienced Corporate Technical Support Staff and members of corporate management. When a service call extends beyond a normal expected time to repair, the CERT plant is automatically activated. SYSTEMS CERT ESCALATION PLAN The following outlines the areas of responsibilities for: (A) the On-Site Field Engineer, (B) the Local Supervisor, and (C) Corporate Technical support. A. ON-SITE ENGINEER RESPONSIBILITIES 1. First and foremost, it is the responsibility of the On-Site Field Service Engineer to keep the Local Supervisor informed of the progress of the service call in a timely manner. 2. After one (1) hour of on-site troubleshooting without resolution, it is the responsibility of the Field Service. Engineer to call the Local Field Service Supervisor with a status of the call and to request assistance. 3. At the end of two (2) hours, the On-Site Engineer is to contact his supervisor with an update and to request Corporate Technical Support. If the supervisor is unavailable due to other commitments, the On-Site Engineer will contact Corporate Technical Support directly. B. LOCAL FIELD SUPERVISOR RESPONSIBILITIES It is the local Field Supervisor's responsibility to track the status of each service call in progress. 2. If after one (1) hour of on-site troubleshooting and having received an assessment of the problem, it is the responsibility of the Local Supervisor to prepare to dispatch a Senior Engineer with a set of field replaceable spares. If the Field Engineer has not called in by this time, the local supervisor must initiate contact with the On-Site Engineer for a status report. • 3. After two (2) hours of unsuccessful problem resolution, the Local Supervisor is required to inform Corporate Technical Support of the situation and concurrently dispatch the Senior Engineer to the site with a full subassembly and/or whole unit replacement. 4. If after four (4) hours of SMS field engineer(s) being on-site and unable to resolve the problem, Corporate Technical Support, the Manager of Engineering, along with the Sales Representative, are to be notified. At this point, Corporate Technical Support is to take over the technical direction of the call and to use total corporate resources to resolve the problem. After eight (8) hours, if the particular problem has not been resolved because of its complexity, the malfunctioning entire system/unit will be replaced with a totally tested unit from on of SMS' local Spare Parts Depot Centers. C. CORPORATE TECHNICAL SUPPORT RESPONSIBILITIES It is Corporate Technical Support's responsibility to provide solutions and to give technical direction to the field engineering staff, supervisors and customers when requested. 2. Once Corporate Technical Support takes over the technical direction of a particular call or customer problem, it has the responsibility to see problem resolution through to completion. 3. Corporate Technical Support is to immediately notify the Vice President of Sales of the problem and its status. 4. When Corporate Technical Support has responsibility for the technical direction of the call, it will also have command of all local engineering staff, field supervisors and any company resources necessary to resolve the problem at hand. 5. It is Corporate Technical Support's responsibility to keep the Manager of Engineering and the President informed of every service call extending beyond four (4) hours and to keep them updated of the progress of the call through completion. • • EXHIBIT B Systems Maintenance Services Equipment Service Price List ~~"~ }i Iz Q J a z ~ w w c7 z °C ~ w Q ~ rn ~ U ¢ cn CO W n o ~, U Z r O ~ U N ~ U rn N i r N O ~ ~ ~ ~ ~- ui ~ a~ i ui U E -~ v ~, ~ n ~ Z Q Q U CA N x U ~ +~-~ d 01 ~ rn o Q ~ ~ ~ M r y O n b J~CM~O Q t'Z ~ ~~ ~U N N N V O c C O ~ CO H ~ N. i w ~~U °cli = . O d t~ ~~!! '3 ~ ~ r is ~ ~ ~ ~ ~ r ~ r + ~ W N ~ ~ N ~ c~O p O N M ~ ~ ft ~ :> ~ co ~ > o ~ v ~~'a O X H om g a ~ O U a w U ~ > U ~ Z a ~ z ~ U r ~ rn z ~ C7 a ~ O F po ~~{ CO ~ n ai Z r d (V ~ ai r (j Q `~ c Q Q U CA N U ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 of o co cc ao ao v o o n o 0 0 0 o cd (,~ M CO ~ to N N CO 00 CO ~ M 00 N 00 f0 O fR H3 fA fA Efl EA H3 H9 ER b9 4A ~ ~ ~ ~ ~ ER W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O C7 O CO 00 00 Ct7 OD OD C O ~ O O O O O CC V to N N N N N N N N N r M N N N N CO ~ c» rtr ~ ts3 vs K3 to rfl E» r» r» ~ ~ r» E» ~ c ~ M N N r r r M `~ M M N O ~ M M d 2 2 2 S 2 2 S 2 2 2 2 2 2 2 2 S L 2 M M M M M M M M M M M M M M M M M NvN ~N~yr vNN~ Nv NvN Nv NvN NvN ivy NNv Nv ~~Ny NNv NN~ v ~ ~ X v X C x X X X X X X X X X X X X X V n n n n n n n n n n n n n n n n n x a ¢ a a ¢ ¢ ¢ a ¢ a a a a Q ¢ ¢ a W Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 3 o m U C ~ .. ~ W p t_ L t t ~ 3 ~ ~ t z t t i ~ ~ 3 3 3 ° ~ t ~ ~ ~ ~ t N J N N m j ` ~ ~ ~ Z ~ X M ~ ~ ~ ~ L 3 ~ ~ ~ ~ a ~ ~ ~ ~ Q X m ~ U U U U ~ ° a ~ a cn cn cn cn ~ ~ ' a a a a m U O O U U U U U a~ U o ~ ~ O a a d a U U U O O O O J C N M M M M ~ ` d U Y O O O O O N ~ 3 at D. 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EA fA ER fA V3 EA EA Efl ~ a+ C "' M M oD ~ tp M ~ N ~ ~ cD C~ ~ N a w s • i r s r ^ • • r • t + + • ~ r m 2 S S S S 2 2 2 2 2 2 2 2 2 2 = 2 2 2 ~p M M M M M M M M M M M M M M M M M M M Of d' ~ ~t s} ~t ~T V 'V' d' `7 'd' ~ V' ~ ~ ~ ~ d' et > N N N N N N N N N N N CN~ N N N N N N N O X X X X X X X X X X X X X X X X X X X U n n n n n n n n n n n n n n n n n n n x g ¢ a Q ~ ~ a a ¢ a a ¢ a a a ¢ ¢ a a W Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 3 ~ 3 ~ ~ E ~ ~ ~' ~ t t _ t r t t t ~ t t Y ~ o m _ _ m o U ~ 3 3 3 3 3 3 3 3 3 2 3 ~ ~ w _' ~, ~ ,, a z ~ ~ ~ ~ z z z z z z ~ " U ° H n n U ~ o n n m n ~ °' n H Q c c t c c c n c c o o U U a ~ U U U U U U Q U . . j a a ~ ~ d a a a cn ~ o o a a a ' ' a J M '3 tt ' a d ' M M M M et st ' d N g cL ~p g ~ C O C 3 O (3 O ( 3 O C3 O C3 O C7 O C3 O C7 O C 3 O C7 O C7 O C Q Q CO CD CO CO OD OD OD OD 00 GO CO GO m m y i y M M M M M M M M M M M ~• Y Y Y c J U J U J U J 0 J D J D J O J U J O J O J p J 0 ~ ~ d m °~ ~ r c c c c c c c c c c c c °- ° ' O ~ tC lC R1 ~ tC c0 t0 cC m c0 ttS QS - - ~ t d t 6 ~ ~' O O O O O O O O O O O O u" V' O ` O ~ O N w a a s o a a ~ a a a` a` a ~ ~ in cn cn ~ ~ Q Q o- _ v' o' Q Q v' Q v v' o' > O > O ~ m ~ ~ cV a cd a (tl a ni n cv n ~ a O o c0 a O a ca a c6 n crt a ~ E a a a ~ . _ Y ~ o f E E E E E E E E E E E c~ c i E E E t o 0 0 0 0 0 0 0 0 0 0 o cu ~v o 0 0 -- cn U U U U U U U U U U U U oC oC U U U ~ io . ~ o 0 !A ~ ~° i a a i a~ d O ~ ~ M V' ~ M M M M tt d' st N C3 C3 C7 C7 C7 C7 C3 (~ C7 C3 C'3 (~ O O O O O O O O O O O O CO CO CD CO OD CD OD OD OD CO c0 CO M M M M M M M M M M M ~ J J J J J J J J J J J J D ~ D ~ ~ ~ ~ D D ~ ~ ~ O O ~ c C C C C C c c C C C C a M ~ O O d i0 tC td ~ cC lV lC f0 (C ~ fC fC O ~ p O lf7 p O _ n O O O O O O O O O O O ~ N LL (n (q ~ ~ d d d 0.. a a a ~ a a d ~ N a ~ ~ ~ C O O O O ~ ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O J E OO O) O N N ~ ~ ~ N to N CO N n N ao N M N O M M N M M M <t M u7 M CD M f0 M ~ O O O O O O O O O O O O O O O O O O F O H m U Y J z 0 L7 ~ ~ a 0 w W Q W ~ p V V ~ ~ ~ ~ W V Q z p O o z ~ = W c 7 U J W y U p s a O O C a U ~ o a Z ~ ~ W y ~ N ~ m a W N V Z C ~ OC ~ V ~ Q O W ~ ¢ ~ Z V Q ? G V ~ N a Q ° U T ~ Y ' z a ~ N C ~ ~ ~ O W ~ Q p O ~ ~ >~ O a y a m Q m ~ ~ p W ., Z _ ~ W J ~j = p ~ 0 N W z Q N N W 0 • sMs Agreement # N103 4uotation Summary: Total Monthly Amount: $5,996.00 Options: 1)An additional 3% discount is available for an Annual prepayment. Note: To be eligible for discount, payment must be received within thirty (30) days from receipt of invoice. 2)An additional 4% discount is available for a two year initial term (please initial). 3)An additional 5% discount is available for a three year initial term (please initial). 4)An additional 6% discount is available for a four year initial term (please initial). 5)An additional 7% discount is available for a five year initial term (please initial). Note: Multi year discounts are non-combinable. Coverage Options: To change coverage from 7x24, 3hr to "GUARANTEED RETURN TO SERVICE" within 6hrs add 20% and round to the nearest whole dollar amount. Return to service within 24 hours is standard. Notes: 1) The final MSA configuration and pricing thereof is subject to an on-site audit and serial number verification. 2) Future additions to this agreement may be added at the same price or discount. 4 • SMS Systems Maintenance Services, Inc. HARDWARE • SOFTWARE • SUPPORT SITE VISITED CONTRACT NO. SMS HOURLY LABOR RATES Systems Micro/Term Network/Software Customer: Non- Customer: Mon-Fri After Mon-Fri After Mon-Fri After Sam-5pm Hours Sam-5pm Hours Sam-5pm Hours $175.00 $225.00 $150.00 $175.00 $225.00 $275.00 $225.00 $275.00 $200.00 $225.00 $275.00 $325.00 EFFECTIVE AUGUST 1, 2004' .. .. , s NOTES Rates for per call within Manhattan, the Bronx, Queens, Brooklyn, and Staten Island will require a 10% premium. The commencement of time for hourly labor rates begins when the SMS engineer(s) start traveling to the customer site and/or the location where the work is to be performed. In addition to the above hourly labor rates, other expense (i.e. mileage, tolls, parking And any other required components) will be charged as an addendum. A purchase order and/or signed PRP is required for all time and materials calls, with terms to be determined by SMS' corporate controller. 12604 HIDDENCREEK WAY. SUITE C. CERRITOS. CA 90703 TEL: (5621407-1229 FAX: (562) 407-1233 OTHER FACILITIES: BOSTON, MA • LITTLETON, MA • ENGLEWOOD, NJ • SILVER SPRING, MD • PHILADELPHIA, PA ATLANTA, GA • CHICAGO, IL • SAN FRANCISCO, CA • CHARLOTTE, NC • HARTFORD, CT • DALLAS, TX KANSAS CITY, MO • HOUSTON, TX • PHOENIX, AZ • AKRON, OH • TAMPA, FL • SEATTLE, WA .-i Exhibit C- „_ van~N~G r-uuiuc~nai insures ~navrsemeni rorm ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic- Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # _ Issued to Named Insured Countersigned by Authorized Representative .~ cue.,+~t-~~ ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM7DpfYYYy) 3127/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sky Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1695 Indian Wood Circle M OH 43537 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, aumee, 419-720-7900; Fax 419-321-1622 INSURERS AFFORDING COVERAGE NAIC # INSURED SMS S t M i t S i INSURER A: Fedefal lRSUrance Company 20281 ys ems a n enance erv ces, ]nc. 455 River R d INSURER B: oa Hudson MA 01749 INSURER C: , INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATFp, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM1DD POLfCY EXPIRATION TE MMIDDIYY LIMITS A GENERAL LIABILITY 35844149 10/26/06 10/26/07 EACH OCCURRENCE 51 OOO 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 OOO OOO CLAIMS MADE ~ OCCUR MEO EXP (Any one person) 51 O OOO PERSONAL 8 ADV INJURY $1 OOO QOO GENERAL AGGREGATE 2 OOO $ OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRO PROOUC7S -COMP/OP AGG $2 OQO,QOO - POLICY JECT LOC A AU TOMOBILE LIABILITY 73544129 10/26/06 10/26/07 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS X NON-0WNED AUTOS BODILY INJURY (Pet accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC b AUTp ONLY: AGG $ A EXCESSNMBRELLA LIABILITY 79854043 10!26/06 10/26/07 EACH OCCURRENCE ~ $4 QOO OOO X OCCUR ~ CLAIMS MADE AGGREGATE $4 QOO 000 b DEDUCTIBLE X RETENTION b O $ A WORKERS COMPENSATION AND 717141 QQ 10!26106 10/26/07 ~( WC STATU- OTH- EMPLOYERS' LU1BILrfY V I IT FR ANY PROPRIETORIPARTNER/EXECUTIVE „ E.L. EACH ACCIDENT $1 OOO OQO OFFICER/MEMBER EXCLUDED? If yes, describe under E. L. DISEASE-EA EMPLOYEE $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A OTHER information 35844149 10/2fi106 10/26/07 $3,000,000 & Network $50,000 Deductible Technolo E&O DESCRIPTION OF OPERATiON51 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS General Liability: The City of Santa Ana, its Officers, Employees, Agents and Volunteers are included as additional insureds as required by written contract per attached endorsement form 80-02-2367. Ten day notice of cancellation for non-payment of premium- ` ~ /~~ j 'l~G_2~ r rvnTicrnwTC u....~.-., The City of Santa Ana, its Officers, Employees, Agents and Volunteers 20 Civic Center Plaza Santa Ana, CA 92701 ACARn 75 19nM1nu1 . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 193UiNG INSURER WILL ENDEAVOR TO MAIL _~ DAYS WRITTEN NOT]CE TO THE CERTIFEGATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR L1ABfLRY OF ANY KIND UPON THE INSURER, ITS AGENTS OR FRIZED REPRESENTATIVE :~~...e ~4.J ~'~e - ~• .. av r . t wvnn i vJ<-,ac TRKA O ACORD CORPORATION 1988 1 • • • c~-ruBe Liability Insurance Endorsement Policy Period OCTOBER 2b, 2U06 TO OCTOBER 2fi, 2007 Effective Date OC'T'OBER 26, 2006 Policy Number 3584-41-49 CLE Insured SMS SYSTF,MS MAINTITTANCF. SERVICES, INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued DECEMBEK 14, 200b This Endorsement applies to the following forms: GINERAL. LIABILITY .~ Under Who Is An Insured, the following provision is added: VI/ho Is An Insured Scheduled Person Or Subject to all of the terms and conditions of this insurance, any person or organization shown in the Organization Schedule, acting pursuant to a written contract or agreement between you and such person or organization, is an insured; but they are insureds only with respect to liability arising ou[ of your operations, or your premises, if you are obligated, pursuant to such contractor agreement, to provide them with such insurance as is afforded by this policy. However, no such person or organization is an insured with respect to any: assumption of Liability by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. damages arising out of their sole negligence. Schedule Persons or organizations that you are obligated, pursuant to written contractor agreement between you and such person or organization, to provide with such insurance as is afforded by this policy; but they are insureds only if and to the minimum extent that such contract or '~ ~/ agrecmentrequiresthepersonororganization ~!ftJ-J ~// to be afforded status as an insured. However, no person or organization is an insured Liability Jnsurance Additionallnsured -Scheduled Person Or Organization continued orm tru-u2-z3s7 (xev. 8-04) Endorsement Page t ~~ Liability Endorsement (continued} • • under this provision who is more specifically described under any other provision of the Who Is An Insured section of this policy (regardless of any limitation applicable thereto). All other terms and conditions remain unchanged. Authorized 3/~ Liability Insurance Additiana! Insured -Scheduled Person Or Organization last page Form 80-Q2-2367 (Rev. 8-04) Endorsement Page 2 • •-~•~~ °~ ~ ~°°~ ~•°~~ ~ oT t ~F5177556/M163432 1 ~ 4 ACORDTM CERTIFICATE OF LIABI LITY INSURANCE DATE(MMIDO/YYYY) PROaucteR 10/29/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Huntington Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1895 Indian Wood Circle NOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Maumee ON 43537 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , 888-575-7900; Fax#419-321-1622 INSURERS AFFORDING COVERAGE NAIC # INBUREp SMS Systems Maintenance Services Inc INSURER A, Federal insurance Company y0Y8? , . 9013 Perimeter Woods Dr INSURER B: Chubb Indemnity Insurance Ca 1Y777 . Charlotte NC 2821fi INSURERC , n ~O J ~ / 1 INSURERD ~ ~ ~ T - T' Q I R ' NSURE E COVERAGES ANY REQUIREMENT, TERM pR CONDITION OF ANY CONTRACT OR OTHER DOCUMENN WITH RESPEC O O WHICH THIS CE OIDFICATE MAY BE SSUED OR DING MAY PERTAIN. THE INSURANCE AFFORDED t3Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS RND CONDtTIpNS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN aEnl IrFn av oeln ri eruc LTR NSR TYPE Of INSURANCE POLICY NUMBER POLICY ECTIVE T POLICY PIRATK)N A MM/O DAT MM/ LIMBS A GE ) NERAL LIABILITY 35844149 10/26!08 10!26109 EACH OCCURRENCE s1 000 000 ( COMMERCIAL GENERAL UABIUTY DAMAGE TO RENTED a +.. ~n n P s1 000 000 CLAMS MADE X OCGUR MED EXP (Any one person) St () 000 PER30NAL b ADV INJURY 51,~Ofl Qp~ + E ' GENERAL AGGREGATE S2 000 000 N G L AGGREGATE LIMIT APPLIES PER' PRU• PRODUCTS • GOMPfOP AGG S2 OOO OOO ^- POLICY JE 7 LOC A AU TOMOBILE LIABILITY 73544129 10/26/08 10/26/09 X ANY AU7U COMBINED SINGLE LIMIT (Ee acGdenl) 61 000 000 , , AI.L OWNED AUTUS SCHFDUI ED AUTOS BDD~LY INJURY (Per person) 6 X `- HIRED AUTOS ti ._ ~~ ~ ~ ~ ~ ~~~~ / . , r,~~ ~ ~i ~~ URY D X NUN•UWNFU AUI OS i1V1 (P r atcidnn s PROPERTY DAMAGE - - leer aL~Cidenl) S GARAGE LIABILITY ~• ` ~ ~ ~ • _.. ~; ~ AU7D ONLY EA ACCIDENT 6 ANY AUTO , ,:..~ ... I;, ~..ia' ~`iUc l °_r~. EAACC b B ' OTHF_H THAN AUTO ONl Y AGG S EXCESSlUMBRELLA LIABILITY X OC R ~ 79$54043 10/2fi108 10126/09 EACIi OCCURRENCE 6g QpQ X00 CU CLAIMS MADE AGGREGATE E5,pO0,000 DEDUCTIBLE S X T R E F. FNTION S Q ..~ A WORKERS COMPENSATION AND ' 71714100 10/26/08 10!26/09 X WC STATU• OTH• f ~-`"" EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNERlEXECUTIVh OFF~CEFi1MEMBER EXCLUDEDT E.L. F:AGHACCIDENT 51,000 O ~ 0{) It yes. desuibe under E.L DISEASE • EA EMPLDvEE 51,000,000 SPECIAL PROVISIONS below q o7HER Information 35844149 E L pISEASE • POLICY LIMIT 31 OOO,OOO 10126!08 10/26/09 55,000,000 Aggregate $ Network 650 000 Deductible Technolo E 8 O , DESCRIPTION OF OPERATIONS / LOCATIONS! VBMICLES ! EXCLUSIONS AODEO BY ENDORSEMENT! SPECIAL PROVISIONS "Ten day notice of cancellation in the event of non-payment of premium. General Liability: The City of Santa Ana, its Officers, Employees Agents , and Volunteers are included as additional insureds as required by written contract per attached endorsement form $0-02-2367. tnsured's coverage is (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIEB BE CANCELLED BEFORE THE EXPIRATIO! The City of Santa Ana Its , OATS THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4nx DAY S WRITTEN Officers, Employees , NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TD DO SO SHALL Anonfc n..d V..L s.. ~ 20 Civic Center Plaza ( Santa Ana, CA 92701 morose NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR ~ REPRESENTATIVE ~ ~~ AwRD zs {zoa'uDS?1 of 3 #M245882 BADE O ACORD CORPORATION 19! IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. \COR17 25-S (2001108) 2 of 3 #M245882 DESCRIPTIONS (Continued from Page 1) primary and non-contributory as required by written contract. AMS 25.3 (2001/08) 3 of 3 #M245882 Liabifify Insurance cr-rura~ Endorsement Policy Period Effective Date Policy Number Insured Name of Company Dafe Issued This EndorsemenGapplies to the following forms: GENERAL LIABILITY Who is An Insured Scheduled Person Ot Subject to all of the terms and conditions of this insurance, any person or organization shown in the Organization Schedule, acting pursuant to a written contract or agreement between you and such person or organization, is an insured; but they aze insureds only with respect to liability azistng out of your operations, or your premises, if you arc obligated, pursuant to such contractor agreement, to provide them with such insurance as is afforded by this policy. ;~ Under Who Is An Insured, the following provision is added; OCTOBER 26, 2008 To OCTOBER 26, 2009 OCTOBER 26, 2008 3584-41-49 CLE SMS SYSTEMS MAINTENANCE SERVICES, INC. FEDERAL INSURANCE COMPANY NOVEMBER I9, 20Q7 However, no such person or organization is an insured with respect to any: • assumption of liability by them in a contract or agreement. This limitation does not apply to the IiabiIity for damages for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. k damages arising ont of their sole negligence. Schedule ~, PERSONS OR ORGANIZATIONS THAT YOU ARE OBLiGEI:>, PURSUANT TO WRTI`TEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR ORGANIZATION, TO PROVIDE WTTH SUCH INSURANCE A5 IF AFFORDED BY THIS POLICY; BUT ARE INSUREDS ONLY TF AND TO THE h~INIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENT REQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURED. HOWEVER NO PERSON OR ORGANIZATION IS AN INSURED UNDER THIS LiBbilHy Insurance Additional Insured - Scheduled Parson Or Organ/zatlon Form BO.02-2387 Rev. 8-Od continued ( } Endorsement Page 1 •~ ~ Liability Endorsement (continued) PROVISION WHO iS MORE SPECIFICALLY DESCRIBED UNDER ANY OTHER PROVISION QF THE WHO IS AN INSURED SECTION OF THIS POLICY (REGARDLESS OF ANY LIMITATION APPLICABLE THERETO). Al! other terms and conditions remain unchanged. Authorized Represantatrva ~ Liability Insurance Addit/wial Insured -Scheduled Person DI Organization Form 80.02-2367 Rav. 8-06 last page ( ) Endorsement Page 2 x - z _ G1li _ ~.~lienfsS: di01i .._._~._. _. ._ ___..~_.. SMSSIPIG '~ r ~t~~ M______._~ r~ DAtF MM Q»'tMVki } A~t~RU E~TIFlATE t~F LA,~~~,1~"Y 15URA~E ._ _ .. i0t22d2009 c,,_ . _ ...~.._e..._._~ ~ ~ TtI15 CERTIFICATE 18 ISSUED AS A MATTER OF iNFORIWATtON Huntington Insurance., Inc. ONLY AND CONFERS NO RIGFITS UPON THE CERTIFICATE NOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 1695 Indian Wood Circle ALTER THE COVERAGE AFFORDED BY THE POt.ICiES BELOW Ma•~~eee pH 43537 ..___ . _ ~_,.._.___... ~ ;0-7900 SM5 Systems Miaintenance Services, Intr. 901 3 Perimeter W©ods prive Charlotte, NC 28216 ~.OVERAGI=S . ____ 9 INSURERS AFFORDING COVERAGE ,.. ~ : Fedefal Insurance Compan~r __ ~_. _ "- Chubb indemnity Insurance Ga __ _ f .,; ,,, .. _~. _ _ _ _ --- NAIL +~ I 20281_._. ,. __ ,~ .. .<.~ _ , ,.., t... .,. ~. .: , .., _ ..n,, r,r, ,~,. .. ,.. :. _ t,..., ,...; . ,, _ ,, _. _L. .a uk. ,t,. . ~ _. t.~ .. ~ • _~. V5rt"ALSL'L __..,~___~.~,__ NP: EC s Pi FE. 7vE ?QifC rr E~PitU1~N r - ~ - ___ ~ __ _ _ _ tR ~vgtt~ SYVk UI IV S'IJHA4.~f ~ Rt}G iL"~HLEfY1Q~f~~~. [ Y\I~~3 YY' AT '~M~4UY ~ tlMt h ;q ~~a vEaaE ~..c,t, ~ ~ ~35844i49 i01Z&,09 , 10126ti0 ~ `'- -- ~ ,. j ti~U4t} 01}0 X _ .,..._. _. ~f ,~ , ~-.~ _r .__ =i OUO.000 ..., t X ' 4 ~ _ t 10~_Ot?0 ___. . _ ¢ _ .. _ . ~ ~ i '. __ _ ~'~~ ''_ _''_ .._, t, 1.000 000 ~~ _- - _ ; - _.._. x2 X0,000 _~ . ~2 Otto 000 i ; _._.. , A ~ •: w,t.:r~ ti „~:. r r (73544'! 29 i 0t2610J 1012f~110 } .~ ~ ~ ~_ _ _ _~_ ~ m_. . . .~ ~ . X , 3 - ~, ,~i,0~a.o4o . __._~_.___r_ ~ ~ ~--- ` s E I .._ ,~ ... _.._.. _.. ._ ~ j ' ~ ~ ~ 1 ~ ,. ~. -,. ~~ ... I I ~.""- -- - _._.._.__ .k.. .. _......_____ .........._ _ ~.. ___~ ._.....__ ._. __...._._._..,~ t I ~ ~ ~ ~ _._ _ i .( a a i ~ ._. ~ ........ ..3 ~ _... ._. i ~~ r-_~•- -.. ._... .. _. A { yvc:ar: vre aav v~~rx~a ati:: ;11714100 i01261tt9 i012fiti0 ~ ~( esnn: t «~~ , ~~ s ~ , ~ : _ ......_ ,.. .. ~ r _ . S 000 000 t .. , , . , oaa aoo E ... _. ,. .. __. A , '~"'' intarm:ation ~358~#1A9 ~ 10126 09 f 10126110 ~ S5 Og0,000 -~ E 8 Netwofa i S50,OQ0 tisductible { AP ,;, TrCnnort,~; ~~c~ ! _, .. ~ _ ~ _ - --~----~ ---. ~._._ ~ __ ~.,..._~~ " -- __ ._ ._ __ ~~.? ._EC~.t~.._ ~r... :%IV tn..i'r f.~#.3~Eti~4ltlh~ I~~•!`. rtfi(~~~.5 GYi:t:: `3K}1i$A{'tt3~'A eY €N~(,rRSE Nth! 5•'CCigy, ~rtoYfisw~afs ,....' _. `General L~ability~ The City t~f Santa Anat its Ofttcers. Empic~yees, Agents ,y'/ anti Volunteers are included as addltianal insureds as required by writte=n ,,.,,,_.~ ,~ -~~'~-r' ~~~ contract per attached endorsement form 80-02-2367. lnsuretf'g dpverage Is •~ J.~~ e'er""'"_ primary anti non-contribu#ory as required tsy written contfact. ! tornc~: _.~ ._ .... .,. ,.,...,.,..-. ~ ttt~ttc ~ v ti 'r a _.. _ - _ .., iShtMSi G .WY L7F 111E ABQL£ UE*SCklBELt t~OitC tE.S 0f: CMhi E c ~. i ,.,, . ... 171E fkP9i2A TKAM The City Qt Santa Ana, Its ~fiAit *NERrof 'ME ESSUtHL t*rSVREftiNttk END~niY~RTptdar, 3~ ;,t„ 5 W3it'tiCiv Cxi'IiGHrti3. Em tt) @e5. }r~ 'r% ~-~~ 5 ~~ ~ ~ ~NOtlrE ~:~ tit p y S` ~J ~~~ ~~ VJLS ~. ~aG l~C~ti TIFI(ATk. f'It1i..EYER NftM~p YS.t YFf6 d.FfT B::'~A4. „Nt 'i >Ht.l[ A~3nts atttt 1~olun'teers ~ ~ iMi>CiSt h0 ~XBt ~',AfM3N t?s+ L4AB1LI7Y t?F ANY xihJ 1JPiM1h THE 145 ,kE u n s .f . . qit 21) Civic ~entef Plaza ~t~NtStHtitt ty ~..r~. Nt - _....___ r Santa Ana.. CA 92701 ~ v tr o ctt,~ueseHtart+r~. _ et^na~n oc nnnarno _ W ~ a n+JJ t V! 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L~. f_iC> ! P.,71 / ?~ r~~ iL' [ S I ~~ 7;, ~ i...fk ..~ ~, ! .f t4+ ~ fJ ~' :~ ~ ~~~ .:: ~ Ir~~1: s. ..... i,L l~:..t 14. '. Cpl I:,i' r~ t` ]6)~~`~ L trJ:PAt~ i 1 :« ~PI'FtC~Vht ~ ~ ' ~- o. . a::~ma u ~7~r! I~LJ7~ . ~.~., I C) r'~I~~? ~' i }'f'k~1T~~E)flflFtialfltf(~~~^~~ ).. ~~i iYt>i ' 1k ~ -' •------~-- ~ , . ~tl:f[ 1 t)lillta(t~,l'l~htil 1!Vt'#~3'~ 2 E,.1r'7 C )ft ,fit ~ 1,,'VI i`i) .f i- 113' = ----~---- ~,d~i , tit:[t St~eedy , . ~ v F ~l tt(tt~lft,atif~,Ulfi^:,Iti t} T t1,~)~i(':~;.~~St~r~ftE~f?t~St~ F'Kt}bli~l~ 1t f fy ~E't fi h'~~;[ h ~ 1f- .4ssi;i r t_." ~ its r"1iC~rney . :i;~~ : f_ ri.1 if ~lrhl~t i~ f;~ lfiil 3'rlt TE~°~`, Nl ~ a}<J t.'v1t hl~3)~ t~:~t " "iltt ' ~ ' ' ..y It- 1\L, ~if'~i ,;fti1 (tr r lIF'~~ tilF~t ~~ i~i3 t !> ti 1t2 '~ . .~,t f tJFZ r3L~f~FF 'pit :~ ~ ftf ~ ~I Jftf ~ t°f3F: f'Ff<~r ~~ r~F2 )(~ . C ~ ~ t ~ I~~~lJtr~~ l~t7CiFK~1F`#~t)itF,F-1t~l~1~~'fi,~~ .~1ti I~~t,~E~f.f~ fltJtl'E1'f fz \`C) F'f ft,'~t~~ trK tj{,i.~?VtL:'~tft) \ t4 ' . ;~:~, I,ti~~"kl~'f~ f':V17f-R I~fi13 i,~C hty 'nsu: ~+~t's ' ~. -+ . rr ~ '; ~su~a~ . xch,~t7ufp~s P®rsora Ck +~ .~....~,,w_°°~-.--------- f~ r't2 P ~trt c+J-~c^ r:*ti7 rFieu rt rn -_.-- _, +: ik'+':nu~:F Page =' ., • + ' Liability Endorsement (continued PROVISION WHO IS MORE SPEC~CALLY DESCRIB;Ep UNDER ANY OTHER PROVISION OF THE WINO IS AN INSURED SECTION OF THIS POLICY (~GARDLESS OF ANy ~TT'ATION APPLICABLE THERETO). Ali other terms and conditions remain unchanged, Authorized A.PPROVEU .~;-, I'U E~'ORM Laura Stitt Sheedy <=ssistant City Attorney Liability /nsuranca Addldonel Insured - S Form 817-t72-2367 tRov 8-OS ~~ed Porson pr p~nitah'on 1 Endorsement last pays ~~ Page,2