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HomeMy WebLinkAbout25A - AGMT - TELEPHONE SYS MAINTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2011 TITLE AGREEMENT WITH NEC CORPORATION OF AMERICA, INC. FOR TELEPHONE SYSTEM MAINTENANCE i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 152 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a three-year agreement with NEC Corporation of America, Inc. to provide maintenance services and related equipment for the City's telecommunications system in an annual amount not to exceed $190,000 per year with provisions for three one-year renewals. DISCUSSION The City's voice communications network consists of 29 telecommunications systems that support every Agency and Department in the City. These systems are located at City Hall, Police Department headquarters, Police sub-stations and Jail, Fire Department headquarters and Fire stations, City Yard, Work Center, Parks and Recreation headquarters and centers, and the Santa Ana Zoo. The systems are linked internally through the main City Hall telephone system and include over 2,000 telephones and approximately 2,220 voice, fax and modem extensions. In order to ensure the proper functioning of this extensive system, the City contracts for maintenance services. Some of these services include: 1) providing an on-site dedicated service technician to perform repairs, moves, additions and changes; 2) 24-hour system monitoring and service response; 3) replacement of any and all defective telephone system equipment; 4) providing engineering support; and 5) providing new telephone equipment. A competitive procurement process was conducted to solicit proposals from telephone system maintenance /service vendors. A "Request for Proposal" (RFP) was developed which defined the City's telephone system maintenance and service requirements as well as proposal evaluation 25A-1 Agreement for Telephone System Maintenance June 20, 2011 Page 2 criteria. In May 2011, the RFP was posted on the City's website and sent to 17 prospective vendors. The City received six (6) written proposals. An evaluation team consisting of Police, Information Services and Telecommunications staff reviewed and evaluated the proposals. The evaluation team made its selection recommendation based on pre-established criteria. Based upon this review, the evaluation team's assessment is that NEC is the best qualified to provide telephone system maintenance services to the City and recommends that NEC be awarded the agreement. The agreement will take effect upon the end of the existing agreement so as to provide continuous uninterrupted service. FISCAL IMPACT Funds are budgeted and are available in the FY11-12 Communication Services account for contractual services (account no. 10210140-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NEC Corporation of America, Inc. THIS AGREEMENT, is made and entered into this 21" day of June, 2011, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and NEC Corporation of America, Inc. ("Vendor"), collectively referred to herein as "the Parties". RECITALS A. The City desires to retain a Vendor having special skill and knowledge to provide full- service maintenance for the City's NEC Telephone System network as outlined in the RFP "QUALIFIED VENDORS TO PROVIDE TELEPHONE SYSTEM AND/OR VOICEMAIL SYSTEM MAINTENANCE FOR THE CITY OF SANTA ANA" B. Vendor represents that Vendor is able and willing to provide such services to the City C. 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 THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby agree as follows: Scope of Services The scope of services and deliverables are fully described in Section 5 Part A of the City's Request for Proposal: "QUALIFIED VENDORS TO PROVIDE TELEPHONE SYSTEM AND/OR VOICEMAIL SYSTEM MAINTENANCE FOR THE CITY OF SANTA ANA", dated May 2, 2011 (hereinafter "said RFP"), attached hereto as "Exhibit A", and incorporated by reference. All terms and conditions set forth in said RFP shall have full force and effect in this Agreement. The terms and conditions set forth in the Vendor's "Proposal for Qualified Vendors to Provide Telephone System and/or Voicemail System Maintenance for the City of Santa Ana", May 19, 2011, shall have full force and effect in this Agreement. Said terms and conditions are attached hereto as "Exhibit B", and incorporated herein by reference. 2. Term The services provided pursuant to this Agreement shall commence on July 1, 2011 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 8, below. The City shall have the option to extend the term of this Agreement for three additional one-year terms. 25A-3 Compensation City agrees to pay, and Vendor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed $190,000, annually, during the term of this Agreement. 4. 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, agents, volunteers, and employees as additional insured(s) 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25A-4 e. 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. f. 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. 25A-5 5. Billin Invoices (a) Billing is according to Generally Accepted Accounting Principles. Fees for licenses, products, and services specified throughout this agreement are billable per the schedules specified. Payment terms are net thirty (30) days from receipt of proper invoice. City will make a good faith effort to begin processing invoices for payment immediately upon receipt. (b) Invoices shall be mailed to: Attn: Carl J. Marek City of Santa Ana Telecommunications Services (M-77) P.O. Box 1988 Santa Ana, CA 92702-1988 *City will pay invoices 30 days after receipt of proper invoice and approval of service by the Telecommunications Coordinator. *The Agreement number must appear on all invoices. *No purchase orders will be issued. *All invoices must show the breakdown of work performed and products provided. 6. 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. 7. 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. 8. Termination of Agreement 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 25A-6 compensation for all services performed by Vendor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager, or his/her designee, may require Vendor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Vendor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in this Agreement or any of the attachments hereto. 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. 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, 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: Finance and Management Services Agency Telecommunications Coordinator City of Santa Ana 20 Civic Center Plaza (M-77) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6722 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6515 25A-7 With courtesy copy to: NEC Corporation of America, Inc. A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Assignment/Subcontractors Inasmuch as this Agreement is intended to secure the specialized services of Vendor, Vendor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Vendor shall be fully responsible to the City for performance of subcontractors. 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 consultants retained by City. 12. Indemnification Vendor shall defend, indemnify and save harmless the City of Santa Ana, and its officers, agents, and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature (including workers' compensation claims and unemployment insurance claims) for damages to property and/or physical injury or death of any person in any way resulting from or arising out of the operations and acts of Vendor, its agents, employees or subcontractors, in the performance of this Agreement, except to the extent caused by or resulting from any act or omission of the indemnified parties. 13. Validity The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 14. Laws Governin this his Agreement 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. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. Exclusivity and Amendment of Agreement This Agreement, along with any and all related exhibits and attachments, supersedes all other agreements, either oral or written, between the parties hereto with respect to the retention of Vendor by the City, and contains all the covenants between the parties with respect to such 25A-8 employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the City and Vendor. 16. 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, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25A-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA Paul M. Walters Interim City Manager APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance & Management Services Agency NEC Corporation of America, Inc. Name: Title: Tax ID# 25A-10 Request for Proposal Qualified Vendors to Provide Telephone System and/or Voicemail System Maintenance for The City Of Santa Ana RFP# IS-502 KEY RFP DATES Issue Date 02 May 2011 Proposal Due Date 19 May 2011 Submission to City Council June 2011 Selection Notification June 2011 Exhibit A 25A-11 Table of Contents 1.0 Definitions .......................................................................................................3 2.0 Statement of Objectives for Services and Products Sought ..................................... 3 3.0 Overview of Existing Telecommunications Infrastructure ........................................ 3 4.0 Vendor Qualifications ........................................................................................ 4 5.0 Services Sought ............................................................................................... 4 5.1 Overview ................................................................................................. 4 5.2 General Services & Support ........................................................................ 5 5.3 On-Site Service Technician ......................................................................... 7 5.4 Event Monitoring Service for NEAX2400IPX ................................................... 8 5.5 Telephone Instruments .............................................................................. 9 5.6 Training ......................................... ..................................................... 9 5.7 Consultation Services ................................................................................ 9 6.0 Contents of Proposal ........................................................................................10 6.1 Transmittal Letter ....................................................................................10 6.2 Services Proposal with a Description of Qualifications to Perform Required Services .....................................................................10 6.3 Price Proposal ..........................................................................................12 7.0 The Proposal Evaluation and Selection Process .....................................................13 8.0 Instructions to Proposers ..................................................................................14 8.1 Where and When to Submit Proposals .........................................................14 8.2 Requesting a Copy of the RFP ....................................................................15 8.3 Questions Regarding Request For Proposal (RFP) ..........................................15 9.0 Terms and Conditions of Special Note .................................................................15 9.1 Documents to be Construed Together .........................................................15 9.2 Drug Policy and Screening .........................................................................15 9.3 Insurance ............................................................................................... 16 9.4 Invoices .................................................................................................. 17 9.5 Term of Agreement ..................................................................................17 9.6 Parking .......................................... .....................................................17 9.7 Prices ....................................... ..................................... 9.8 Reservations ........................................................................................... 17 9.9 Taxes ..................................... 17 ............ ...................... Appendices Appendix A: Proposal Response Form ........................................................................19 Appendix B: Description and Location of Equipment .....................................................38 Appendix C: Sample Agreement ................................................................................40 Appendix D: Sample Insurance Forms ........................................................................46 [Note: This document is formatted for a default HP 5500 Color LaserJet printer. Viewing or printing under other screen/printer drives may result in difference in page breaks and hence in page numbering.] 25A-12 1.0 DEFINITIONS The following words as used in this RFP shall be understood to refer respectively to: Word in RFP Definition "City" The City of Santa Ana, California "Department" The several departments and agencies therein "Vendor" The agreement is made by said City with the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said agreement. "Proposer" The person, firm or corporation who is responding to this request for proposal. "OEM" Original Equipment Manufacturer. "Certified" One who has successfully completed formal NEC training and has received a certificate on all of the City's NEC equipment as well as on the CENTIGRAM 640 Voicemail System and TIE Paragon 6/16 Key Systems. "Minor Repair" A repair that is isolated to a single telephone instrument or extension. "MAC" A non-maintenance Move, Addition or Change to the telecommunications infrastructure. "Normal Working Hours" 8:00 A.M. to 5 P.M. "Major System Failure" Refers to either of the following: The general inability of a system to receive or make outgoing calls A majority of either the Central Office or "Tie" trunks (OPX's, T-1 circuits) are inoperative More than 20% of either the stations or terminals on any one telephone or voicemail system are inoperative C Any outage to a system directly supporting public safety 2.0 STATEMENT OF OBJECTIVES FOR SERVICES AND PRODUCTS SOUGHT The City of Santa Ana is soliciting proposals from qualified Vendors to provide the City with a maintenance agreement for its telephone system network. To this end, the City seeks Vendors who are able to meet the qualifications set forth herein and can show themselves qualified to complete the scope of work. 3.0 OVERVIEW OF THE CITY'S TELECOMMUNICATIONS INFRASTRUCTURE The City of Santa Ana's Telephone system network currently serves 35 operating locations through an AT&T network configuration of local, T-1 and OPX lines. The existing telecommunications infrastructure consists of the following 29 telecommunications systems: 25A-13 Part A - NEC Systems • Five (5) NEC NEAX 2400 IPX (8800) PBXs • Two (2) NEC IVS2000 PBXs • Seven (7) NEC IPS2000 PBXs • Ten (10) NEC INFOSET408 Key Systems • One (1) NEC Mark II Hybrid Key System • Two (2) NEC Electra Professional Hybrid Key Systems • One (1) EDAC Voice Recorder Interface Unit with 60 ports • There are three locations with a total of thirteen (13) NEC VoIP telephones installed • There are approximately 3770 equipped voice ports citywide Part B - CENTIGRAM Voicemail System • One (1) CENTIGRAM 640 Voicemail System containing 40 ports and 120 hours of storage The City may at any time during the term of this agreement change with additions or subtractions the amount, type, location, etc. of the telephone systems/equipment to be supported by the Vendor. Charges will be adjusted in accordance with the Agreement between the Vendor and the City. Refer to Appendix B for the individual locations and descriptions of the above equipment. 4.0 VENDOR QUALIFICATIONS The selected Vendor will: Part A - NEC Systems • Be NEC certified/authorized on each of the various types of telecommunication systems used by the City of Santa Ana (see Section 3.0). • Maintain its NEC certification/authorization throughout the term of the agreement for the company and for every technician sent to service City of Santa Ana equipment. • Present evidence of NEC certifications/authorization to the City Telecommunications Coordinator as part of the proposal package that is submitted. Part B - CENTIGRAM Voicemail System • Present evidence of the ability and capability of the company to provide maintenance services on the CENTIGRAM 640 Voicemail System throughout the term of the agreement 5.0 SERVICES SOUGHT 5.1 Overview The City seeks a term of three (3) years with possible extensions of three (3) additional one-year periods at the City's discretion. The City seeks a Vendor to provide full-service maintenance for the City's NEC Telephone System network and/or CENTIGRAM Voicemail System. The City will consider this maintenance support in two separate ways: Part A - NEC Systems • The City's NEC telephone systems and related infrastructure and subsystems 25A-14 Part B - CENTIGRAM Voicemail System • The City's CENTIGRAM Voicemail System and its interface to the City's NEC system Proposals will be considered by each part separately. Maintenance and service may be proposed for either part or both parts 5.2 General Services & Support The Vendor shall: Part A - NEC Systems • Provide an on-site service technician to perform repair services and MAC's. (See section 5.3) • Provide all required maintenance (parts and labor) and maintain the equipment in good operating condition in accordance with the manufacturer's technical specifications. This is to include the most current software release for all telecommunications equipment at no additional charge. • Use only original equipment manufacturer (OEM) parts for repair or replacement of defective equipment such as circuit cards and telephone instruments (including corded and cordless telephones as well as hands-free headsets and amplifiers - PLANTRONICS) at no additional charge to the City. • Perform preventive maintenance of all systems and equipment at a minimum in accordance with manufacturer's specifications and/or requirements for the equipment, whichever is greater. ¦ Preventive maintenance shall be performed on a schedule which is workable with the City's operating requirements and which is mutually acceptable to the City and the Vendor. • Completed preventive maintenance checklists will be provided to the City Telecommunications Coordinator on a monthly basis. • Perform regular system backups and system de-fragmentations at least once a month on all telephone systems • Maintain an adequate on-site inventory of spare OEM parts for repairs and replacements. ¦ The Vendor will identify the amount and type of storage space it prefers. Actual storage space to be provided by City will be determined by the City Telecommunications Coordinator. Minor Repairs • Respond on-site within four hours (excluding weekends and holidays) of Vendor's receipt of the City's service request when Minor Repairs are necessary during normal City working hours (8-5). ¦ Minor Repairs should be completed within twenty-four (24) hours. 25A-15 Major System Failure • Respond on-site within 30 minutes of the City's notification by the Telecommunications Coordinator or his/her designee in case of Major System Failure during normal City working hours (8-5). ¦ In case of Major System Failure, before or after normal City working hours (8-5), or on weekends or days observed by the City as holidays, the Vendor shall respond on-site to notification of major failures within two (2) hours of said notification. ¦ Major System Failure repairs should be completed within twenty-four (24) hours. ¦ In the event that the Vendor has not repaired a Major System Failure within twenty-four (24) hours, Vendor will provide and install on-site loan equipment at no additional cost to the City, within forty-eight (48) hours after failure notification. ¦ The City Telecommunications Coordinator or his/her designee will determine the designation of any repair as either Minor or Major. • Serve as agent on the City's behalf for all telephone company associated service and repair issues. • Provide for use by the on-site technician (and all substitute or supplemental technicians) a portable or laptop maintenance terminal for use in supporting the City's telephone system. Part B - CENTIGRAM Voicemail System • Provide all required maintenance (parts and labor) and maintain the CENTIGRAM in good operating condition in accordance with the manufacturer's technical specifications. This is to include the most current software release at no additional charge. • Use only original equipment manufacturer (OEM) parts for repair or replacement of defective equipment • Perform preventive maintenance on the CENTIGRAM in accordance with manufacturer's specifications. ¦ Preventive maintenance shall be performed on a schedule which is workable with the City's operating requirements and which is mutually acceptable to the City and the Vendor. ¦ Completed preventive maintenance checklists will be provided to the City Telecommunications Coordinator on a monthly basis. • Perform monthly system backups and an Offline Run/Verify at least once every six months. • Maintain an adequate on-site inventory of spare OEM parts for repairs and replacements. ¦ The Vendor will identify the amount and type of storage space it prefers. Actual storage space to be provided by City will be determined by the City Telecommunications Coordinator. 25A-16 Minor Repairs • Respond within four (4) hours (excluding weekends and holidays) of Vendor's receipt of the City's service request when Minor Repairs are necessary during normal City working hours (8-5). ¦ Minor Repairs should be completed within twenty-four (24) hours. Major System Failure • Respond within two (2) hours of the City's notification by the Telecommunications Coordinator or his/her designee in case of Major System Failure during normal City working hours (8-5). ¦ In case of Major System Failure, before or after normal City working hours (8-5), or on weekends or days observed by the City as holidays, the Vendor shall respond to notification of major failures within four (4) hours of said notification. ¦ Major System Failure repairs should be completed within forty-eight (48) hours. ¦ In the event that the Vendor has not repaired a Major System Failure within forty- eight (48) hours, Vendor will provide and install on-site loan equipment at no additional cost to the City, within forty-eight (48) hours after failure notification. ¦ The City Telecommunications Coordinator or his/her designee will determine the designation of any repair as either Minor or Major. 5.3 On-Site Service Technician Part A - NEC Systems The Vendor will provide an NEC certified Service Technician dedicated solely to the City of Santa Ana. This dedicated technician will: • Work on-site at the City of Santa Ana for eight (8) hours per day and forty (40) hours per week. However, City may, with fifteen (15) day prior written notice change the number of days per week of on-site dedicated technician support, with a corresponding increase/reduction in the System Maintenance Related Charges, as set forth in Appendix A, Part 2 - Price Proposal. The City shall retain the right to specify the weekly business days on which the technician will be on-site. Further, the City may, with ten (10) day prior email notification to Vendor, designate one or more days within a given work week, for which on-site technician support will not be provided. For each day that on-site support is cancelled, a credit will be issued to the System Maintenance Related Charges, as set forth in Appendix A, Part 2 - Price Proposal. • Be on-call on a twenty-four-(24) hour, seven (7) day-a-week, as-needed basis. • Perform repair services on any and all voice communications equipment as directed by the City Telecommunications Coordinator. 25A-17 Will be available, when not responding to particular requests for repair services, to provide as-needed MAC services as directed by the City Telecommunications Coordinator. ¦ Repair and MAC priorities will be determined by the City Telecommunications Coordinator. ¦ Performance of MAC work during normal assigned hours will not incur any additional charge to the City. ¦ Should be capable of creating and modifying a mailbox on the CENTIGRAM Voicemail System and performing a system backup. • Have a working knowledge of, skills in, and experience with Category 5 cabling and termination in accordance with the Electronic Industries Association/ Telecommunications Industry Association (EIA/TIA) standard practices. ¦ Evidence of any related training to be presented to the City Telecommunications Coordinator as part of the proposal package that is submitted. In addition: • Should the assigned technician be absent or unavailable, the Vendor will provide an equally qualified and certified replacement technician. • The City reserves the right to review and approve the assignment of the dedicated technician if replacement (either temporary or permanent) of the existing technician is required. • The assigned technician's work hours may be adjusted by the City Telecommunications Coordinator from 8-5 on an as needed basis with prior notice to the Vendor to allow necessary work to be done during a period with less impact on the City's business operations. • If the Vendor elects at their choice to use more than one service technician to perform a task, there will not be any additional cost to the City. • Work outside the scope of work of this Proposal will be billed at agreed-upon service rates and only when authorized in advance by the City Telecommunications Coordinator or his/her designee. 5.4 Event Monitoring Service for NEAX2400IPX Part A - NEC Systems The Vendor shall provide, install and maintain, at no additional charge to the City, an Event Monitoring Service (with associated equipment) to each of the City's NEC NEAX 2400IPX systems or like systems. • The Event Monitoring Service shall monitor for system alarms and environmental conditions and connectivity provided by the City. • The Vendor shall continuously monitor the output of these Event Monitoring units on a twenty-four (24) hour per day, seven (7) days per week, fifty-two (52) weeks per year basis and will take prompt corrective action when an irregularity/problem is detected. 25A-18 In those instances when a major system or environmental problem is detected, the Vendor will promptly alert the City Telecommunications Coordinator or alternate designated City contact person. • In the event that the Event Monitoring Service fails to detect and alert of an environmental or system condition, which causes damage to the City's equipment: the Vendor shall make all necessary repairs to restore the equipment to the manufacturer's specifications and full operation at no additional cost to the City. 5.5 Telephone Instruments Part A - NEC Systems The Vendor will: • Service and maintain in good working condition all telephone instruments in use throughout the City on all City telephone systems in accordance with the manufacturer's technical specifications. This includes all Plantronics headsets/amplifiers used on City telephones. • Either repair or promptly replace faulty telephone instruments and Plantronics headsets/amplifiers with identical OEM equipment. • At all times, maintain on City premises, an adequate supply of spare OEM telephone instruments of each model currently in use on the City telephone systems. 5.6 Training Part A - NEC Systems During each year of the agreement, at a time selected by the City, one equipment-training course may be selected from the list below for each of three (3) persons designated by the City. The courses will be provided by the selected Vendor at no additional cost to the City. Courses: • NEAX2400IPX Customer Administration Programming • NEAX2000IPS Customer Administrative Programming • Basic IP Networking Fundamentals Further, the Vendor will provide additional training for any new systems that are purchased by the City from the Vendor during the term of agreement. 5.7 Consultation Services Part A - NEC Systems During the term of this agreement, the Vendor shall provide, at no additional cost, consultation services with regard to, but not limited to, such items as: • Upgrades to telephone equipment • Software options • Trunk and Central Office (CO) connectivity • Fiber optic installation • Productivity enhancements 25A-19 • VOIP options • Unified Messaging System options 6.0 CONTENTS OF PROPOSAL Proposals submitted in response to this RFP will consist of the following Sections: Section # Proposal Parts 1. A transmittal letter 2. A services proposal 3. A price proposal Each of the substantive components is discussed in more detail below 6.1 Section 1. Transmittal Letter May contain any introductory information at the Proposers discretion 6.2 Section 2. Services Proposal with a Description of Qualifications to Perform Required Services A Proposal Response Form for the service proposal has been provided in Appendix A. Proposers may fill in this provided form or submit a separate response which addresses each item. NOTE: The City realizes that the CENTIGRAM 640 is an older generation voicemail system and as such the availability of qualified maintenance providers may be limited. Proposers are therefore being given the option to submit proposals for NEC Telephone System maintenance and/or CENTIGRAM Voicemail System maintenance. The Proposal Response Form is divided accordingly: Part A - NEC Telephone System Maintenance and Part B - CENTIGRAM Voicemail System Maintenance. The Proposer should fill in Part A and/or Part B as appropriate. Proposals will be considered by each part separately. This proposal is intended to provide the City with an understanding of the Proposer's qualifications to provide NEC Telephone System maintenance and/or CENTIGRAM Voicemail System maintenance (see Section 4.0) and to identify the Proposer's capabilities to provide the specific services sought by the City (see Section 5.0). If, in the judgment of the Proposer, the desired objectives of one or more tasks described in Section 5.0 above could be achieved through a different approach, we encourage the Proposer to offer suggestions in its proposal. An important aspect of the services that the City seeks is prior experience in providing NEC Telephone System and/or Centigram Voicemail System maintenance services. Thus, the quality of prior experience by the proposing firm is very important. To help the City assess the overall qualifications of each Proposer, we ask that the Proposer submit the following materials (See Appendix A for Proposal Response Form - fill out Part A and/or Part B as applicable): a. Identify prime contact for the proposal (the name, title, address, telephone number, facsimile number, and email). b. The location/s from where the Proposer would provide services to the City io 25A-20 A summary description of: • The organization • The ownership • The major service/s offered by the Proposer's firm • The number of years that the Proposer has been in the business of providing NEC Telephone System maintenance and/or CENTIGRAM Voicemail System maintenance services d. A description of: • Overall qualifications of the Proposer and experience and ability to provide NEC Telephone System maintenance and/or CENTIGRAM Voicemail System maintenance services. • The firm's certifications/authorizations to provide services on NEC and/or CENTIGRAM systems/equipment as identified in section 4.0. Also provide evidence of such as part of the proposal. • Any unique qualifications and experience which distinguish Proposer's ability to provide NEC Telephone System and/or CENTIGRAM Voicemail System maintenance services. e. A confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and resulting agreement including all administrative and billing procedures of the City. Any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability. • Identify whether the Proposer had a contract terminated for cause within the last 3 years. If so, include an explanation of the circumstances. • Identify whether either a customer or a vendor sued the Proposer in the last 3 years. If so, include an explanation of the circumstances. • Identify the percentage of Proposer's business consisting of servicing and supporting NEC Telephone Systems and/or CENTIGRAM Voicemail Systems. g. A description of: • The qualifications, experience and abilities to provide NEC Telephone System and/or CENTIGRAM Voicemail System maintenance services of the Proposer's candidate on- site technician, backup technicians, and any other engineering and service staff as applicable. • The certifications on NEC and/or CENTIGRAM systems/equipment (as identified in section 4.0) of the Proposer's candidate on-site technician, backup technicians, and any other engineering and service staff as applicable. ¦ Evidence of certifications as part of the proposal. • Any unique qualifications and experience as applicable which distinguish Proposer's candidate on-site technician's, backup technicians', and any other engineering and service staff's ability to provide NEC Telephone System and/or CENTIGRAM Voicemail System maintenance services. • For NEC Telephone System maintenance proposer only: Proposer's candidate on-site technician's and backup technicians' working knowledge of, skills in, and experience with Category 5 cabling and termination in accordance with the Electronic Industries Association/Telecommunications Industry Association (EIA/TIA) standard practices. ¦ Provide evidence of any related training as part of the proposal. h. Provide a response to the list of services sought by the City by completing the table titled "5.2 General Services & Support" located in the Proposal Response Form, Section 2. Services Proposal [see Appendix A]. ii 25A-21 References. Proposer must supply a MAXIMUM of three (3) references that will attest to the Proposer's ability within the last three years to provide services similar in scope and skills to those outlined in this proposal. For each reference, provide the following information: • The name of the reference organization ¦ Location • Contact point within the referenced organization ¦ Name ¦ Title ¦ email address ¦ Telephone number • The approximate period during which the services were provided. • A summary of services provided. 6.3 Section 3. Price Proposal A Price Proposal Response Form for the price proposal has been provided in Appendix A, Section 3. Price Proposal. There is one Price Proposal Response Form for NEC Telephone Systems maintenance Proposers (Part A) and one for CENTIGRAM Voicemail System maintenance Proposers (Part B). This proposal is intended to provide the City with an understanding of the Proposer's charges to provide NEC Telephone System maintenance and/or CENTIGRAM Voicemail System maintenance identified by the City in Section 5.0. These proposed prices will be used as part of the comparative analysis in the City's vendor selection process. As an input in their price proposal, Proposers will identify any and all charges for related services sought by the City and any others that the Proposer is offering to perform for the City. At a minimum, the price proposal will include: Part A - NEC Systems System Maintenance Related Charges: a. Station/Trunk Port Charges on a cost per port basis and then on the assumption of 3770 ports. Note: A port count will be conducted monthly by the on-site dedicated technician and verified by the Telecommunications Coordinator or his/her designee. If the port count changes from the previous month (either up or down), the port charge portion of the next monthly invoice will be adjusted to reflect the new port count. b. Charges for on-site dedicated technician with labor and other charges separated. c. Any other charges not otherwise identified above. Miscellaneous Charges if Proposer intends to bill for these: a. Travel Time b. Billable MAC work c. Any other related charges that a Proposer would bill the City must be identified and explained. Purchase Discounts: Provide the minimum discount on Equipment/Parts/Supplies not otherwise covered by the Agreement that the City might purchase from or through the Vendor. lz 25A-22 Part B - CENTIGRAM Voicemail System System Maintenance Related Charges: a. Voicemail Port Charges on a cost per port basis and then on the assumption of 40 ports. Note: The Voicemail port count will be verified annually before the beginning of each maintenance agreement year. Additionally, should the voicemail port count change at any time during the course of the maintenance contract year (either up or down), the port charge portion of the next monthly invoice will be adjusted to reflect the new port count. b. Voice Process System charges. c. Any other charges not otherwise identified above. Miscellaneous Charges if Proposer intends to bill for these: a. Travel Time b. Billable MAC work c. Any other related charges that a Proposer would bill the City must be identified and explained. Purchase Discounts: a. Provide the minimum discount on Equipment/Parts/Supplies not otherwise covered by the Agreement that the City might purchase from or through the Vendor. 7.0 THE PROPOSAL EVALUATION AND SELECTION PROCESS To assess qualifications in providing telephone system maintenance services and to determine the strength and stability of the Proposer, every Proposer is requested to complete and submit the Proposal Response Form (Appendix A) or to submit a separate response which addresses each item cited in Appendix A for which they are proposing. Step 1. The City's procurement process is based upon open competition through a defined evaluation and selection process. There are required inputs and deadlines to which there are no exceptions. The City will ensure that all Proposers strictly abide by these. It is the Proposer's task to demonstrate its ability to perform the specific services and provide the specific products identified in this RFP. Based on the information provided on the Proposal Response Form (Appendix A), each of the Proposers will be evaluated by a City selection team as to their qualifications and will be assigned a score from 0-100 (100 being best). Note that proposed price is only one of several criteria. 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 is attempting to get the best balance of service, value and price. The selection recommendation will be based on the accumulated point score for all criteria. Applicants will be evaluated on the following criteria with possible scoring points: 13 25A-23 Criteria Possible Points Proposer's certification/authorizations to provide maintenance 15% and support for NEC Telephone and/or CENTIGRAM Voicemail systems/equipment Experience & qualifications of Proposer to provide general 20% services & support for City NEC Telephone System infrastructure and/or CENTIGRAM Voicemail System Experience and qualifications of on-site technician, backup on- 20% site technicians and other staff resources that the Proposer makes available to City for NEC Telephone System and/or CENTIGRAM Voicemail System maintenance and support References 20% Pricing proposed 25% Total 100% Step 2. An interview by the evaluation team may be required for clarification purposes. However, only the top rated Proposers will be asked to participate in the interview process. Step 3. 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 Vendor. 8.0 INSTRUCTIONS TO PROPOSERS 8.1 Where and When to Submit Proposals Proposals shall be prepared and submitted in accordance with the requirements set forth in the RFP. The Proposer is to submit an original and two copies (total of three) of its proposal in a sealed package bearing the firm's name and address and clearly marked as follows: Proposal for Qualified Vendors to Provide Telephone System and/or Voicemail System Maintenance for The City of Santa Ana Proposals must be received and time-stamped by the Information Services Division on or before 19 May, 2011 @ 4:00 P.M. if walked in: if mailed: City of Santa Ana City of Santa Ana Information Services Telecommunications Services, M-77 Room B-22 P.O. Box 1988 Basement City Hall Santa Ana, CA 92702 20 Civic Center Plaza Santa Ana, CA 92701 14 25A-24 Directions: htti)://www.santa-ana.orci/pwa/documents/Civiccentermal)pdf Facsimile transmission (FAX) or E-MAIL copies are not acceptable. Please note that this is not a bid and therefore there is no formal "bid opening." This is a proposal and as such, the City's proposal procedures apply. 8.2 Requesting a Copy of the RFP Copies of this RFP may be requested from: • By mail: City of Santa Ana Telecommunications Services (M-77) P.O. Box 1988 20 Civic Center Plaza Santa Ana, CA 92702 • By phone: 714-647-6957 • By Fax: 714-647-6722 (Caution: do not submit proposals via fax or e-mail) • By email: cmarek@santa-ana.org 8.3 Questions Regarding Request for Proposal (RFP) Requests for information, technical questions, questions regarding this RFP or the process may be directed to: Carl J. Marek Telecommunications Coordinator Information Services Division phone: 714-647-6957 email: cmarek@santa-ana.org Address: City of Santa Ana Telecommunications Services (M-77) P.O. Box 1988 20 Civic Center Plaza Santa Ana, CA 92702 Attn: Carl J. Marek (M-77) Questions regarding this Request for Proposal should be directed only to the person designated above. Do not contact any other City employee or official regarding this RFP 9.0 TERMS AND CONDITIONS OF SPECIAL NOTE 9.1 Documents to be Construed Together The Request for Proposal and the Agreement to be entered into between the Vendor and the City, and all modifications of said documents, shall be construed together as one document. 9.2 Drug Policy and Screening The Vendor shall have a written Drug Policy that applies to any of it employees who perform work on City property. A copy of the policy will be provided upon request of the City. 15 25A-25 9.3 Insurance Proof of insurance is not required to be submitted with the proposal, but will be required prior to the City's award of the contract. Proposers should carefully consider the City insurance requirements and the related documentation. Proposals should be based on full and complete compliance with all parts and directions. 9.3.1 The Vendor will be required to have the following insurance: Commercial general liability - $1,000,000 or more covering bodily injury and property damage per occurrence. b. Business Auto including owned, non-owned, and hired vehicles - $1,000,000 or more covering bodily injury and property damage per occurrence. c. Workers' Compensation Coverage for employees, unless the Vendor is a sole proprietor with NO employees. 9.3.2 The Vendor will be required to provide the following insurance documents that contain specific modifications before any work can commence: a. Complete and provide an Additional Insured Endorsement form. (1) See Appendix D for City's preferred Additional Insured Endorsement form. b. Complete with modifications and provide a Certificate of Insurance form. (1) Include in the "Certificate Holder" block (left bottom corner) the statement: CITY OF SANTA ANA, ITS OFFICERS, AGENTS AND EMPLOYEES P.O. BOX 1988 SANTA ANA, CA 92702 (2) Modify the "Cancellation" block to read: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVE) T/l MAIL *30 DAYS NOTICE T??O??T?H/?E? CERTIFICATE ? HOLDER NAMED TO THE LEFT, ?T FAILURE T-E) T97?'VGH NOTICE S TALL ! PE)SE NG E)BLI'GATIC)N G R LIABIl er ANY KIND UPON TLJ rC /'e ENTC ^n REPRESENTATIVES -r?cr 4Pi4Pd? I?? ?cG(3) See Appendix D for sample of a properly completed Certificate of Liability Insurance form. c. Insurance companies may be California admitted or non-admitted carriers. If non- admitted, they need to be licensed to do business in California and proof may be required. d. Vendors who self-insure Workers' Compensation must submit a copy of their Certificate to Consent to Self-Insure from the State of California and provide third party administration information, if applicable. (1) See Appendix D for sample of a proof of Workers' Compensation Insurance form. 16 25A-26 9.4 Invoices Invoices, submitted in duplicate, shall be mailed to: City of Santa Ana Telecommunications Services (M-77) P.O. Box 1988 Santa Ana, CA 92702 The Agreement number must appear on all invoices. The City will pay invoices 30 days after receipt of invoice and approval of service by the Telecommunications Coordinator. The monthly invoice for maintenance services must contain a breakdown of all components of the monthly maintenance charges. 9.5 Term of Agreement The term of this Agreement shall be for three years. The City of Santa Ana reserves the right to exercise an option renewing this Agreement for an additional three (3) one-year periods, if the same prices, terms, and conditions are acceptable to both parties. This term is subject to final approval by the Santa Ana City Council. 9.6 Parking The City will provide parking for the dedicated technician as well as for any other employee of the Vendor who is also performing work for the City. However the City cannot guarantee availability of parking in which case the Vendor must bear the cost of alternative parking. 9.7 Prices No increase in price from those initially proposed and covered by the Agreement will be allowed during the period covered by this agreement without the City's concurrence and prior approval. 9.8 Reservations 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 this RFP, whether of a technical or substantive nature, as the interest of the City may require. 9.9 Taxes Prices proposed shall include all applicable federal, state, local and other taxes - all itemized separately. 17 25A-27 Appendices Appendix A - Proposal Response Form Appendix B - Description and Location of Equipment Appendix C - Sample Agreement Appendix D - Sample Insurance Forms 18 25A-28 Appendix A - Proposal Response Form (Fill in this form or submit a separate response which addresses each item.) Proposal for Qualified Vendors to Provide Telephone System and/or Voicemail System Maintenance for The City of Santa Ana Section 1. Transmittal Letter Proposing Vendors will include a transmittal letter which may, at their discretion, contain any introductory information that the Vendor feels is relevant. Section 2. Services Proposal Name of Proposing Firm: Proposer's Principal Location: Proposer's Location that will service the City: Contact Name for Proposal: Phone Number: Fax Number: email address Please submit answers to the following questions (Note: Proposer may attach additional pages as needed to complete responses.) GENERAL (To be completed by all Proposers) 1. Short summary description of the organization. {ref. section 6.2.c} 2. Short summary description of the ownership. {ref. section 6.2.c} 19 25A-29 3. Description of the major service/s offered by the Proposer's firm. {ref. section 6.2.c} 4. The number of years that the Proposer has been in the business of providing telephone and/or voicemail system maintenance. (If company name or ownership has changed of the period cited, please note and explain.) {ref, section 6.2.c} 5. A confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and resulting agreement including all administrative and billing procedures of the City. {ref. section 6.2.e} 6. A description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability. {ref. section 6.211 7. Has your firm had a contract terminated for cause within the last 3 years? If so, please explain the circumstances. {ref. section 6.2.f} 8. Has either a customer or a vendor sued your firm in the last 3 years? If so, please explain the circumstances. {ref. section 6.2.f} 20 25A-30 9. References Provide a MAXIMUM of three (3) references from government agencies or commercial firms that will attest to your firm's ability within the last three years to provide services similar in scope and skills sought by the City in this RFP. Reference One: Name of Client Location where work was performed Knowledgeable contact name Contact's title Contact' email address Contact's hone number Approximate period during which the services were provided Description of services provided Reference Two: Name of Client Location where work was performed Knowledgeable contact name Contact's title Contact' email address Contact's hone number Approximate period during which the services were provided Description of services provided Reference Three: Name of Client Location where work was performed Knowledgeable contact name Contact's title Contact' email address Contact's hone number Approximate period during which the services were provided Description of services provided 21 25A-31 Part A - NEC Systems (To be completed by NEC Telephone Systems maintenance Proposers) Al. A description of the overall qualifications of the Proposer and experience and ability to provide telephone system maintenance for NEC-based telephone infrastructure. {ref. section 6.2.d} A2. Identify and provide evidence of the Proposer's certification/authorizations to provide telephone system maintenance for NEC systems/equipment identified in section 4.0 of the RFP. {ref. section 6.2.d} A3. A description of any unique qualifications and experience which distinguish Proposer's ability to provide telephone system maintenance for NEC systems. {ref. section 6.2.d} A4. What percent of your base business consists of servicing and supporting NEC telephone equipment? {ref. section 6.2.f} A5. A description of the qualifications, experience and abilities to provide telephone system maintenance services of the Proposer's candidate on-site technician, backup technicians, and any other on-site engineering and service staff. ? {ref. section 6.2.g} A6. Identify and provide the certifications on NEC systems/equipment (as identified in section 4) of the Proposer's candidate on-site technician, backup technicians, and any other on-site engineering and service staff. ? {ref. section 6.2.g} A7. A description of any unique qualifications and experience which distinguish Proposer's candidate on-site technician's, backup technicians', and any other on-site engineering and service staff's ability to provide telephone system maintenance services. ? {ref. section 6.2.g} 22 25A-32 A8. A description of the Proposer's candidate on-site technician's and backup technicians' working knowledge of, skills in, and experience with Category 5 cabling and termination in accordance with the Electronic Industries Association/ Telecommunications Industry Association (EIA/TIA) standard practices. ? {ref. section 6.2.g} A9. Provide evidence of any training to Item A8 above. {ref, section 6.2.g} Respond to each of the following services sought by the City and related terms and conditions as the Proposer's willingness and ability to provide or comply. Identify any exceptions. {ref. section 6.2.h} The City seeks a term of three (3) years with possible extensions of three (3) additional one-year periods at the Citv's discretion. The City seeks a Vendor to provide full-service maintenance ? Yes ? for the City's NEC Telephone System network. The Vendor shall: • Provide an on-site service technician to perform repair ? Yes ? No services and MAC's. (See section 5.3) • Provide all required maintenance (parts and labor) and ? Yes ? No maintain the equipment in good operating condition in accordance with the manufacturer's technical specifications. This is to include the most current software release for all telecommunications equipment at no additional charge to the City. • Use only original equipment manufacturer (OEM) parts for ? Yes ? No repair or replacement of defective equipment such as circuit cards and telephone instruments (including corded and cordless telephones as well as hands-free headsets and amplifiers - PLANTRONICS) at no additional charge to the City. • Perform preventive maintenance of all systems and ? Yes ? No equipment at a minimum in accordance with manufacturer's specifications and/or requirements for the equipment, whichever is greater. • Preventive maintenance shall be performed on a ? Yes ? No schedule which is workable with the City's operating requirements and which is mutually acceptable to the Citv and the Vendor. 23 25A-33 Will in & able to provide and/or comply able to • Completed preventive maintenance checklists will be ? Yes ? No provided to the City Telecommunications Coordinator on a monthly basis. • At least once a month, perform regular system backups & Li Yes ? No _ system de-fragmentations on all telephone systems. • Maintain an adequate on-site inventory of spare OEM ? Yes Li No parts for repairs and replacements. ¦ The Vendor will identify the amount and type of ? Yes Li No storage space it prefers. Actual storage space to be provided by City will be determined by the City Telecommunications Coordinator. • Respond on-site within four hours (excluding weekends La Yes ? No and holidays) of Vendor's receipt of the City's service request when Minor Repairs are necessary during normal City working hours (8-5). ¦ Minor Repairs should be completed within twenty- ? Yes ? No four (24) hours. • Respond on-site within 30 minutes of the City's Li Yes Li No notification by the Telecommunications Coordinator or his/her designee in case of Major System Failure during normal City working hours (8-5), ¦ In case of Major System Failure, before or after ? Yes Li No normal City working hours (8-5), or on weekends or days observed by the City as holidays, the Vendor shall respond on-site to notification of major failures within two (2) hours of said notification. ¦ Major System Failure repairs should be completed Li Yes ? No within twenty-four (24) hours. ¦ In the event that the Vendor has not repaired a Li Yes ? No Major System Failure within twenty-four (24) hours, Vendor will provide and install on site loan equipment at no additional cost to the City, within forty-eight (48) hour after failure notification. ¦ The City Telecommunications Coordinator or his/her ? Yes Li No designee will determine the designation of any repair as either Minor or Major. • Serve as agent on the City's behalf for all telephone Li Yes ? No company associated service and repair issues. • Provide for use by the on-site technician (and all ? Yes Li No substitute or supplemental technicians) a portable or laptop maintenance terminal for use in supporting the Citv's telephone svstem. 24 25A-34 Willin & able to rovide and/or com I Item Yes No Exception\s IL_ 5.3 On-Site Service Technician The Vendor will provide an NEC certified Service Technician ? Yes Lj No dedicated solely to the City of Santa Ana. This dedicated technician will: • Work on-site at the City of Santa Ana for eight (8) hours ? Yes ? No per day and forty (40) hours per week. However, City may, with fifteen (15) day prior written notice, change the number of days per week of the on-site dedicated technician support, with a corresponding increase/reduction in the System Maintenance Related Charges, as set forth in Appendix A, Section 3. Price Proposal. The City shall retain the right to specify the weekly business days on which the technician will be on- site. Further, the City may, with ten (10) day prior email notification to Vendor, designate one or more days within a given work week, for which on-site technician support will not be provided. For each day that on-site support is cancelled, a credit will be issued to the System maintenance Related Charges as set forth in Appendix A Section 3. Price Proposal. • Be on-call on a twenty-four-(24) hour, seven (7) day-a- ? Yes ? No week, as-needed basis. • Perform repair services on any and all voice ? Yes Li No communications equipment as directed by the City Telecommunications Coordinator. • Will be available, when not responding to particular Li Yes ? No requests for repair services, to provide as-needed MAC services as directed by the City Telecommunications Coordinator. • Repair and MAC priorities will be determined by the City Telecommunications Coordinator. ¦ Performance of MAC work during normal assigned ? Yes ? No hours will not incur any additional charge to the City. ¦ Should be capable of creating and modifying a Li Yes ? No mailbox on the CENTIGRAM Voicemail System and performing a system backup. • Have a working knowledge of, skills in, and experience Li Yes ? No with Category 5 cabling and termination in accordance with the Electronic Industries Association/ Telecommunications Industry Association (EIA/TIA) standard practices. In addition: • Should the assigned technician be absent or unavailable, ? Yes Li No the Vendor will provide an equally qualified and certified replacement technician. • The City reserves the right to review and approve the Li Yes Li No assignment of the dedicated technician if replacement (either temporary or permanent) of the existing technician is required. • The assigned technician's work hours may be adjusted by ? Yes L3 No the City Telecommunications Coordinator from 8-5 on an as needed basis with prior notice to the Vendor to allow necessary work to be done during a period with less impact on City's business operations. 25 25A-35 & able to • If the Vendor elects at their choice to use more than one Li Yes L3 No service technician to perform a task, there will not be any additional cost to the City. • Work outside the scope of work of this Proposal will be Li Yes Li No billed at agreed-upon service rates and only when authorized in advance by the City Telecommunications Coordinator or his/her designee. 5.4 EVENT MONITORING SERVICE FOR NEAX2400IPX The Vendor shall provide, install and maintain, at no Li Yes Li No additional charge to the City, an Event Monitoring Service (with associated equipment) to each of the City's NEC NEAX 2400IPX systems or like systems. • The Event Monitoring Service shall monitor for system Li Yes Li No alarms and environmental conditions and connectivity provided by the City. • The Vendor shall continuously monitor the output of these ? Yes ? No Event Monitoring units on a twenty-four (24) hour per day, seven (7) days per week, fifty-two (52) weeks per year basis and will take prompt corrective action when an irregularity/problem is detected. • In those instances when a major system or environmental ? Yes Li No problem is detected, the Vendor will promptly alert the City Telecommunications Coordinator or alternate designated City contact person. • In the event that the Event Monitoring Service fails to ? Yes Li No detect and alert of an environmental or system condition, which causes damage to the City's equipment: the Vendor shall make all necessary repairs to restore the equipment to the manufacturer's specifications and full operation at no additional cost to the City. 5.5 Telephone Instruments The Vendor will: ? Yes ? No • Service and maintain in good working condition all ? Yes Li No telephone instruments in use throughout the City on all City telephone systems in accordance with the manufacturer's technical specifications. • Either repair or promptly replace faulty telephone Li Yes Li No instruments with identical OEM equipment. • At all times, maintain on City premises, an adequate ? Yes ? No supply of spare OEM telephone instruments of each model currently in use on the City telephone systems. 5.6 Trainin During each year of the agreement, at a time selected by Li Yes No the City, one equipment-training course may be selected from the list below for each of three (3) persons designated by the City. The courses will be provided by the selected Vendor at no additional cost to the City. 26 25A-36 27 25A-37 Willina R • IVtAX L4uuiF'X Customer Administration Programming. Li Yes ? NO • NEAX 2000IPS Customer Administrative Programming. ? Yes ? No • Basic IP Networking Fundamentals. ? Yes ? No Further, the Vendor will provide additional training for any Li Yes ? No new systems that are purchased by the City from the Vendor during the term of agreement. 5.7 Consultation Services During the term of this agreement, the Vendor shall provide, at no additional cost, consultation services with regard to, but not limited to, such items as: Li Yes ? No • Upgrades to telephone equipment ? Yes ? No • Software options Lj Yes ? No • Trunk and Central Office (CO) connectivity Lj Yes ? No • Fiber optic installation ? Yes Li No • Productivity enhancements Lj Yes ? No • VOIP options ? Yes Lj No • Unified Messaging System options ? Yes Lj No 28 25A-38 Part B - CENTIGRAM (To be completed by CENTIGRAM maintenance Proposers) B1. A description of the overall qualifications of the Proposer and experience and ability to provide voicemail system maintenance for CENTIGRAM - based voicemail infrastructure. {ref. section 6.2.d} B2. Identify and provide evidence of the Proposer's ability and capability to provide voicemail system maintenance for a CENTIGRAM 640 Voicemail System identified in section 4.0 of the RFP. {ref. section 6.2.d} B3. A description of any unique qualifications and experience which distinguish Proposer's ability to provide voicemail system maintenance for CENTIGRAM systems. {ref. section 6.2.d} B4. What percent of your base business consists of servicing and supporting CENTIGRAM equipment? {ref. section 6.2.f} B5. Identify and provide the certifications on CENTIGRAM systems/equipment (as identified in section 4) of the Proposer's technicians and any other engineering and service staff. {ref. section 6.2.g} B6. A description of any unique qualifications and experience which distinguish Proposer's technicians and any other engineering and service staff's ability to provide voicemail system maintenance services. ? {ref. section 6.2.g} 29 25A-39 Respond to each of the following services sought by the City and related terms and conditions as the Proposer's willingness and ability to provide or comply. Identify any exceptions. {ref. section 6.2.h} Willing & able to provide and/or 5.2 General Services & Support The City seeks a term of three (3) years with possible ? Yes Li No extensions of three (3) additional one-year periods at the Citv's discretion. The City seeks a Vendor to provide full-service maintenance ? Yes Li No for the City's CENTIGRAM Voicemail System The Vendor shall: • Provide all required maintenance (parts and labor) and ? Yes Li No maintain the CENTIGRAM in good operating condition in accordance with the manufacturer's technical specifications. This is to include the most current software release for all telecommunications equipment at no additional charge to the City. • Use only original equipment manufacturer (OEM) parts for ? Yes Li No repair or replacement of defective equipment. • Perform preventive maintenance on the CENTIGRAM in ? Yes Li No accordance with manufacturer's specifications. ¦ Preventive maintenance shall be performed on a Li Yes Li No schedule which is workable with the City's operating requirements and which is mutually acceptable to the City and the Vendor. ¦ Completed preventive maintenance checklists will be ? Yes Li No provided to the City Telecommunications Coordinator on a monthly basis. • Perform monthly system backups and an Offline Li Yes ? No Run/Verify every six (6) months. • Maintain an adequate on-site inventory of spare OEM ? Yes ? No parts for repairs and replacements. ¦ The Vendor will identify the amount and type of L3 Yes Li No storage space it prefers. Actual storage space to be provided by City will be determined by the City Telecommunications Coordinator. • Respond within four hours (excluding weekends and Li Yes Li No holidays) of Vendor's receipt of the City's service request when Minor Repairs are necessary during normal City working hours (8-5). ¦ Minor Repairs should be completed within twenty- ? Yes ? No four (24) hours. • Respond within two (2) hours of the City's notification by u Yes Li No the Telecommunications Coordinator or his/her designee in case of Major System Failure during normal City working hours (8-5), ¦ In case of Major System Failure, before or after Li Yes ? No normal City working hours (8-5), or on weekends or days observed by the City as holidays, the Vendor shall respond to notification of major failures within four (4) hours of said notification. 30 25A-40 Willina & ¦ Major System Failure repairs should be completed L3 Yes 0 No within forty-eight (48) hours. ¦ In the event that the Vendor has not repaired a Li Yes ? No Major System Failure within forty-eight (48) hours, Vendor will provide and install on site loan equipment at no additional cost to the City, within forty-eight (48) hours after failure notification. • The City Telecommunications Coordinator or his/her ? Yes Li No designee will determine the designation of any repair as either Minor or Major. 31 25A-41 Lq 0 CL 0 L a a? V .L a M c 0 U N U C C N a-J C fo E U 4'-' C >1 fo ? 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E. d V ? c fC G m L R lu H 4a c O u d H m s v L 7 a N 41 3 O V H G ? ? 'di- 4A 4d!? iR A ? 'dl- ift { {f} {f} c U U U 4? N N O N E `70 c?? -0 - c a ? (1) c Ln aj c CL -C a) Luca N r ac (1) N L mica) - c: E4 o - c E4? o N A - c E4) o ajIZ (1) -C ( c 4+ () 01 C L=3 11 a) a? C L 4J ( c L - n m O 7 0) 0 =1 01 0 N N 4 N N E En N4? 44 L L 41 L Q C C E 2 E C 0 0 0 c QJ N C N c N E> m E> E> m N u u Q) u u u u -C ai L 4- to :3 s cu L 4? CA a L M -3- Q 73.E Q a .? N ,> (L) D ,> N d aOE 1 o -r- a`0E l aO? Ut Y N U) 0 z Ln m 25A-45 W U c (D d-J U) fu ^E W U_ \O a z U L V L m 4w L a 0 CL 0 E. En 0 w (1) N Ln ra tf 0 CL CL 0 Ul o2S a? U C fa c a? C fu E E a) Ln 4d'r if ifs 4d'r ift iA - -Ur if} 4d? - if- ifr 4d:? 4dr if} ift ifr if} if4 4A d L s H L 10 d y} tf} ifl- ifl- JA {{} 4A O L R d } if} if} {{} ifs y} 4A iPr C O L fC {j} i!} iPr it} {f} {Pr i& v u O c a c Im a, ra U i o u a u Y U N O L E O (ii U C N c CO co (a t 2: t N = f 6 C ca U a Q a 1 h 4O O t f M c d o Z n 0 ra ? U Z E E G7 g v u I u W M E 41 R V U "L t' 0- U U U r. _ O M Q M L. k > O 0 (U 41 Q u u ?? m cn (1) L fa cn s 0 Cfu Y 0 C x C o W H M N M U f" U 4? s ` 0) Q C1 E 0) 6 (U L W Z D a (n m w VI L v J--i u U W Utir QUA co O? W r? H FA M O L d a ?o 3 a? c d ?o c O a O }1 C G1 E Gl L p1 Q w O E d V .y 10 m H d m s u V R 0 oc d V C r0 C C x 0 H 25A-46 fu O z M V ro ^C W c ra N U) ^E W U_ ?O CD F- Z W U L. 0 V _ .L D_ a? m? L : m 0. H 'C 0 M 4) a 3 a? d oc 0 47 (1 L. s H }? L E } L O O13 a? 0 a? d H V 41 .N = m 0 co L m a? o+ L t u H O 4) C ?a d V H d p1 10 s U w 0 0 4) f W 4dj - 4,& if} if} if} ifr i? 4,A : {? jf? {f} if; ifr ift if} ? ? +R- ipr 4d) - if} io4 if; {ii if} if; ifs ifr 4A ifr if} 4A -fl- if} iPr if} if} if} JA if} if} if} m a) o a) a) N a) N U Ql Q1 Ol Q1 r0 00 ra (6 fu U O U V U U U C C U C C C a) 3 ~ > ° 0 ? a) -n s_- > a) J >C (0 4. O C L a) Z, C: a? n L ? Z C: (6 a) - a) 4-1 aJ -? a - a) _ 0 0 0 ZA Y 03 aEi Ln a) 0 z m 25A-47 N U O W N U) ^E W U_ O L.L. V H z LLJ U L0 V W 0 c 41 u L. c M o IL -- 4d) - A4 V?r if? {A V? ? -(A- A d i s F L R i fA- 0 a? ? -bF)- 4A d C O L R 4? 4-J c U U 4, u 4+ N O C) ? O O ? ? LO 0 41 -0 C 4? L 4? C (p C : ?p C _ M Q .Cr ? ; ; a ; Lu ca) N ac a) a) mica) N c Jr E 0 C -j O(U C -C O Q L 0 L 0) ?W ) (U? i(, o Q ° o Q o Q N N4? 4-1 L L Q '5 44 L 0 E C C E CC C = 0 0 v 0 w a) a? a) E > E > U) u Ln > {A w u U N U U L }I c = aj L a..+ N D aj L - N 7 .c L 4- N 7 7 0 N Q "d 3 a-. a CL -p - N a : - V > N'-- _ > N c > N -,-- G a o E a o E- at 0 E H V 0 L d a ?a 3 a? c a? ?a c 0 n O C d d L 01 a 0 E V .y f0 m .H c 0 V O H V L a in N N m 0 z 25A-48 Appendix B- DESCRIPTION AND LOCATION OF EQUIPMENT The City of Santa Ana's Telephone System Network serves a total of 35 service locations through an AT&T network configuration of local, Tie (T-1) and OPX lines with approximately 3770 voice and 40 voicemail ports. The City's 29 system locations are indicated below: NEAX 2400IPX (5 Systems) City Hall 20 Civic Center Plaza ..................................................... 1388 ports Police Department 60 Civic Center Plaza ..................................................... 1060 ports Fire Department 1439 S. Broadway ........................................................... 178 ports City Yard 220 S. Daisy Street ........................................................ . 208 ports Train Station 1000 E. Santa Ana Boulevard ........................................... . 232 ports NEAX IPS2000 (7 Systems] Memorial Center 2102 S. Flower Street ....................................................... . 36 ports Jerome Center 726 S. Center Street ........................................................ . 36 ports El Salvador Center 1825 W. Civic Center Drive ................................................ . 52 ports Santa Ana Senior Center 424 W. Third Street .......................................................... .44 ports Fire Station #5 120 W. Walnut Street ....................................................... . 68 ports Fire Training Center 3405 W. Castor Street ...................................................... . 52 ports Santa Ana Jail 62 Civic Center Plaza ........................................................ . 32 ports NEAX IVS2000 (2 Systems] Downtown Development 305 E. Fourth Street ......................................................... .64 ports Corbin/Southwest Senior Center 2201 W. McFadden Avenue ................................................ . 72 ports 39 25A-49 NEC INFOSET 408 (10 Systems) Fire Station #1 1029 W. 17th Street .......................................................... 12 ports Fire Station #2 1668 E. 4th Street ............................................................ 12 ports Fire Station #3 419 S. Franklin Street ........................................................ 12 ports Fire Station #6 950 W. Macarthur Avenue .................................................. 12 ports Fire Station #7 2317 S. Greenville Street ................................................... 12 ports Fire Station #8 501 N. Newhope Street ...................................................... 12 ports Fire Station #9 1320 E. Warner Avenue ........................................... .......... 12 ports Fire Station #10 2301 N. Old Grand Avenue ....................................... .......... 12 ports Santa Anita Center 300 S. Figueroa Street ............................................. .......... 12 ports Eddy West Stadium 602 N. Flower Street ............................................... .......... 12 ports NEC Electra Pro Elite (2 Systems) Santa Ana Zoo 1803 E. Chestnut Street ........................................... ..........40 ports Newhope Library Branch 122 N. Newhope Avenue .......................................... .......... 12 ports NEC MARKII (2 Systems) Westend Police Sub Station 3750 W. McFadden Avenue, Unit "I" ........... .. .......... 16 ports EDAC Voice Recorder Interface Unit (1 System) Police Department 60 Civic Center Plaza ............................................... .......... 60 ports Centigram 640 Voicememo Voice Processing System (1 System) City Hall 20 Civic Center Plaza ............................................... .......... 40 ports 40 25A-50 Appendix C - Sample Agreement AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THIS AGREEMENT, is made and entered into this XX day of June, 2011, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and ("Vendor"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of telecommunications products and services as outlined in the RFP "QUALIFIED VENDORS TO PROVIDE TELEPHONE SYSTEM AND/OR VOICEMAIL SYSTEM MAINTENANCE FOR THE CITY OF SANTA ANA" B. Vendor represents that Vendor is able and willing to provide such services to the City C. 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 THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby agree as follows: Terms and Conditions The term of this Agreement shall be for period of three (3) years, with an option for the City to exercise an additional three one-year extensions. All terms and conditions more fully set forth in the Request for Proposal ("RFP"): "QUALIFIED VENDORS TO PROVIDE TELEPHONE SYSTEM MAINTENANCE AND/OR VOICEMAIL SYSTEM MAINTENANCE FOR THE CITY OF SANTA ANA", May 2011, shall have full force and effect in this Agreement. Said terms and conditions are attached hereto as Exhibit A, and incorporated herein by reference. All terms and conditions set forth in the Vendor's "Proposal for Qualified Vendors to Provide Telephone System and/or Voicemail System Maintenance for the City of Santa Ana", May 2011, shall have full force and effect in this Agreement. Said terms and conditions are attached hereto as Exhibit B, and incorporated herein by reference. Scope of Services The scope of services and deliverables are fully described in Section 5 of the RFP: "QUALIFIED VENDORS TO PROVIDE TELEPHONE SYSTEM AND/OR VOICEMAIL SYSTEM MAINTENANCE FOR THE CITY OF SANTA ANA." Compensation City agrees to pay, and Vendor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed 41 25A-51 $ during the term of this Agreement. 4. 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, agents, volunteers, and employees as additional insured(s) 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 B 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. 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. f. 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. 42 25A-52 5. Billin Invoices (a) Billing is according to Generally Accepted Accounting Principles. Fees for licenses, products, and services specified throughout this agreement are billable per the schedules specified. Payment terms are net thirty (30) days from receipt of proper invoice. City will make a good faith effort to begin processing invoices for payment immediately upon receipt. (b) Invoices shall be mailed to: Attn: Carl J. Marek City of Santa Ana Telecommunications Services (M-77) P.O. Box 1988 Santa Ana, CA 92702-1988 *City will pay invoices 30 days after receipt of proper invoice and approval of service by the Telecommunications Coordinator. *The Agreement number must appear on all invoices. *No purchase orders will be issued. *All invoices must show the breakdown of work performed and products provided. 6. 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. 7. Discrimination Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 8. Termination of Agreement 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, subject to the following conditions: 43 25A-53 a. As a condition of such payment, the City Manager, or his/her designee, may require Vendor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Vendor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in this Agreement or any of the attachments hereto. 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. 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, 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: Finance and Management Services Agency Telecommunications Coordinator City of Santa Ana 20 Civic Center Plaza (M-77) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (7140 647-6722 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6515 With courtesy copy to: Vendor 44 25A-54 11. Assignment/Subcontractors Inasmuch as this Agreement is intended to secure the specialized services of Vendor, Vendor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Vendor shall be fully responsible to the City for performance of subcontractors. 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 consultants retained by City. 12. Indemnification Vendor shall defend, indemnify and save harmless the City of Santa Ana, and its officers, agents, and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature (including workers' compensation claims and unemployment insurance claims) for damages to property and/or physical injury or death of any person in any way resulting from or arising out of the operations and acts of Vendor, its agents, employees or subcontractors, in the performance of this Agreement, except to the extent caused by or resulting from any act or omission of the indemnified parties. 13. Validi The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 14. Laws Governing this Agreement This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. Exclusivity and Amendment of Agreement This Agreement, along with any and all related exhibits and attachments, supersedes all other agreements, either oral or written, between the parties hereto with respect to the retention of Vendor by the City, and contains all the covenants between the parties with respect to such employment. 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, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the City and Vendor. 16. 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, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 45 25A-55 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA David N. Ream City Manager APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance & Management Services Agency VENDOR [signature] Name: Title: Tax ID# 46 25A-56 Appendix D - Sample Insurance Forms Sample Additional Insured Endorsement Form 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, Califomia 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 47 25A-57 Sample Certificate of Liabilitv Form d.CWD_ CERTIFICATE OF LIABI F0060Ol1 LITY INSURANCE '"TM''?""" s7 Insurance Services Oreup, Inc. 704 Cedar Street ORLY AND OOMW4 NO WON THE CERTOWATE IIOLNK TM4 CMlMMTE 00 4 WW AUW06 EXT OR ALTER IM GWAIRA ! AFFO? BY THE PONCM O LOW. Cambridge M? 71413 COAIRAI4E4 AO CWAMI4 COMMON 0. Vbili leldNln PUMON C01rAMl A Tederal insurance Company Oft~ 4 00~ C COWIAW d "a* TOCM,VV T• %T THK POL•01li CF NMM1YAM OLRM BOLOW KAM ?i MW TO TW #WJW WUMAIM PON THE POLICY POND 01CICAT44N0rV&THBTAH0MANYLWQIM@MWT.T? 4R 001-111IOMOP MVOOI MACTOR6"NDOW '?TYMTl1FAWN,TOWNo ym •ilt?IM40r?T[ WY M OWAODOR•LAYL@LTAK Mtt OLEWPWM AP/IDIK DY VW PCLXM MCVAW WVj0N N>lAA" TO ALL TNR Tff&*. $00LU010MNANDOOMr01 WOOPSUCHPOLMMLLAMAIOMWYNALLTSMPNCUCNWfMIDCLAAW ? rn! M rlMMwat •eMA•nr MIIM•OR i' w VlOd,m OAf!«AM•?01YY} •0U0Yii MMN M1rLM•Mgemtl Lam saMMUUaLISY OlMN11KASSIMMU • 7 000 A x ? aOMaIiLOMAIO?NRKLMI•NRr 04/01/07 04/01/08 ruoouets.e••nw mm -!2,w,990 ' cusM•LUCS QsecZ•e sa?aoMwsMSV•IxMw tl 000 040 evows0tOM0w?6T0RSMW aMONaoaras¦e• -111A00 000 IrMfoMMMa/ .sy • •N•f>r ?..rwr• • 10,010 AVW OWOw UPMLM ARAM Coruas?s•MasL>?r • 1,000,000 MAL0041DAUX0 aeaNp?L+oMrreo• .__._,..?.. • A X X Mwo"uxN Mwa?anMwsAUMSS 04/01/97 04/03//4 ?ma P+?e'. ? • nLOra+rro•A••x • aMAMIuvmuvY AUleallr•MACeN{T • AWN" V4WAW**ftV'. q B"Mm w • - A00001M S 649 0suOSRnY aCM000400" • W *MXLAA MM AO•g00?NE : aniRlWwtMIM•11•LIA•wIM • weMrmLSwwre?noMAMO WWWWWWOL"T `• aaKMM i ? _ NCL a0•LMOt•rOWCYLMf • on?csfuA•c t•Ma amrurl•s?sLrLSra : C4RTN!1CATt HOLDER " k-. CITY OF SANTA ANA, ITS OFFICERS AGENTS AND EMPLOYEES T.O. BOX 1988 SANTA ANA. CA 92702 <<<- •NOULe Arr sr TMN Mi•0Vt ss•aMU•ao POLICA• at aMNeeLS •M•iN »t VWM? 1*A'MT6 NW "*"""1 G0wPWWvmL A% .?!!_ OY?ri N••Till McTIq T01iRO0RIMhWLTtlOiLOq 1MYL!a 10 TMK L•/T, O. 11<ilip i?ldsv? 48 25A-58 Sample Workers' Comp Form STATE P.O. BOX 420807, SAN FRANCISCO, CA 941424)807 COMPENSATION INSURANCta FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE NOVEMBER S, 1997 POLICY NUMBER: CERTWICATE EXPIRES: 12-31-98 r CITY OF SANTA ANA INFORMATION SERVICES N-12 ATTN LYNDA KELLY P O BOx 1988 SANTA ANA CA 92702 JOB: VERIFICATION OF INSURANCE L This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California insurance Commissioner to the employer named below for the policy period indicated. _ This policy Is not subject to cancellation bythe Fund 9=" upon ten days' advance WnIW notice to the employer. We will also give you TEN days" advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Certificate of insurance may be issued or may pertain. the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPREEENtATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 41,000,000 PER OCCURRENCE EMPLOYER r 49 25A-59 Empowered by Innovation NEC Original Submitted By: Peggy Castner Enterprise Account Manager 3900 Kilroy Airport Way Long Beach, CA 90806 714.287.4542 Peggy.castner@necam.com Submitted To: City of Santa Ana Telecommunications Services (M-77) P.O. Box 1988 20 Civic Center Plaza Santa Ana, CA 92702 Y ? a 11 25A-60 HIBI ° Response to the City of Santa Ana Telephone System and/or Voicemall System Maintenance DISCLAIMER NEC Corporation of America ("NEC") is grateful for the opportunity to provide our response to Response to the City of Santa Ana for Telephone System and/or Voicemail System Maintenance. While NEC realizes that, under certain circumstances, the information contained within our response may be subject to disclosure, NEC respectfully requests that all pricing, engineering design, and unique or specific hardware configurations provided herein be considered proprietary and confidential, and as such, not be released for public review. Please notify [Account Manager] at [Phone] promptly upon your organization's intent to do otherwise. NEC requests the opportunity to negotiate the final terms and conditions of sale should NEC be selected as the preferred vendor for this engagement. NEC Corporation of America 6535 North State Highway 161 Irving, TX 75039-2402 litt www.necanl.com Copyright 2011 NEC_ is a registered trademark of NEC Corporation of America, Inc. NEC Empowered by 1-.o tfm 7 25A-61 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Tab- le of Contents 1. TRANSMITTAL LETTER ....................................................................................................................................... 4 2. SERVICES PROPOSAL .......................................................................................................................................... 6 EXCEPTIONS AND CLARIFICATIONS .................................................................................................................25 3. PRICE PROPOSAL ..............................................................................................................................................26 Empowered by Innorat?on NU=IC 25A-62 Response to the City of Santa Ana Telephone System andlor Voicemail System Maintenance 1 a Transmittal Letter May 19, 2011 Mr. Carl J. Marek Telecommunications Coordinator Information Services Division 20 Civic Center Plaza Santa Ana, CA 92702 Dear Carl, Thank you for providing NEC Corporation of America the opportunity to respond to your Request for Proposal Telephone and Voicemail Maintenance. NEC's proposal for our engineering support services has been specifically designed to meet the City of Santa Ana's stated requirements. Selecting the right partner is the key to success for continuing your telephony maintenance project. NEC Corporation of America, the manufacturer of your current telephony system, has an established reputation of successfully supporting and managing our installed base of clients since the 1970's. NEC is uniquely qualified to be the business partner that the City of Santa Ana chooses to represent them on this project. • We have the inherent knowledge of the existing NEC solution combined with our highly certified engineers and our consistent long standing relationship, makes for a dynamic combination for the City of Santa Ana. • NEC will ensure the continuity to mitigate risk associated with EOL maintenance and provide City of Santa Ana with the continuity to ensure mission critical applications remain operational • NEC has the local presence and expertise to ensure responsiveness and SLA's required for the support • We have proposed an aggressively priced maintenance support model • NEC will provide the product roadmap to assist the City of Santa Ana in the future upgrade of the application including a plan that demonstrates show to upgrade without business disruption. We proposed our strategy for maintaining the existing voicemail system. This system has provided the City with almost two decades of service. During these next three years, The City of Santa Ana has a unique opportunity to evaluate newer, supported NEC systems for perhaps the same investment that you make in maintaining the current system. Thank you for the time you spent providing clarifications to our questions. Be assured of NEC's continued commitment to deliver a cost effective, consistent, and highly reliable solution for all locations and staff at the City of Santa Ana. As we proceed together toward that goal, our only meaningful measure of accomplishment will be the consistent satisfaction of our client. I Empowered by Innovation 4 25A-63 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance We will propose our strategy for maintaining the existing voicemail system. This system has provided the City with almost two decades of service. During these next three years, The City of Santa Ana has a unique opportunity to evaluate newer, supported systems for perhaps the same investment that you make in maintaining the current system. We will suggest some solutions to ponder and are always available to discuss the current trends in the communication industry with you. Thank you for the time you spent providing clarifications to our questions. Be assured of our commitment to deliver a cost effective, consistent, and highly reliable solution for all locations and staff at the City of Santa Ana. As we proceed together toward that goal, our only meaningful measure of accomplishment will be the consistent satisfaction of our client. Warm regards, Peggy Castner Enterprise Account Manager NEC Empo erect toy Innovation 5 25A-64 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance 2. Services Proposal Name of Proposing Firm: Proposer's Principal Location: Proposer's Location that will service the City Contact Name for Proposal: Phone Number: Fax Number: email address: NEC Corporation of America Dallas, TX - Corporate Office Long Beach, CA Peggy Castner 71.4.287.4542 714.832.3439 Peggy.c:astner@necam.com Please submit answers to the following questions (Note: Proposer may attach additional pages as needed to complete responses.) GENERAL (To be completed by all Proposers) 1. Short summary description of the organization. {ref. section 6.2.c} For more than 100 years, NEC has built inspired technology with the sole purpose of connecting people. From the dawn of telephony to the universe of broadband Internet technology, NEC has created tools that continue to define it as an innovator of practical technology for everyday use. Today NEC Corporation is a Global Fortune 500 company with more than 7.54,000 employees worldwide and $41 billion in revenues. NEC is a leader in technology solutions to meet the needs and demand for broadband network, e-commerce and enterprise business solutions. NEC is a provider of core technologies and services for the connected world, ranging from advanced semiconductors and device solutions, to high-speed optical communications, systems integration, enterprise-class hardware and e-commerce software applications. NEC Corporation of America was formed on July 1, 2006, from the combined operations of NEC America, NEC Solutions America and NEC USA. From server and storage solutions, digital presentation and visual display systems to IP voice and data solutions, biometric identification, optical network and microwave radio communications solutions, our clients gain access to more custornized solutions and resources to improve and maintain their competitive edge. vn_ NEC: Empowered by in-atlon 25A-65 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance NEC Corporation of America Unifying Business Communications Takayuki Okada President and CEO Masakki (Jim) Nakajima Senior Vice President Communications Technology Group Matthew J. Pierce Senior Vice President Solution Sales and Marketing EC Empowered by lnncv don NEC Corporation of America helps companies unify their business communications through Innovative software, applicallons, development fools, and services. NEC offers a complete portfolio for unified communicatlons, wireless, voice, data and managed services, as well as systems integration and application development. NEC Corpcratlon of America serves as the North American communications Integration arm of global giant NEC Corporation for Fortuna 1000, aswell as small to mid-shed businesses In vertical markets such as hospitality, education, government, and healthcare. For more Information, visit Makoto Omi Vice President Sales and Marketing Paul Covington Senior Vice President Operations Suichl Sagawa Vice President UC Products and Support 7 25A-66 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance NEC's comprehensive portfolio includes: SMB & Enterprise Communications Platforms Unified Communications Network Infrastructure vole Solutions Contact Center Applications Network Security Solutions Year Founded: NEC Corporation was founded July 17, 1099_ Financials: NEC Corporation reported net sales or approximately, $40 billion in fiscal year ending March 2008. Broadband & Carrier Services Wireless Solutions Digital Slgnage Infrastructure Services Managed Services Professional Services Employees: NEC Corporation employs more than 150,000 people worldvlide. NEC Corporation of America Headquarters: 6535 N. State Highway 161 Irving, TX 75039 1.800.240.0632 NEC Corporation is one of the world's leading providers of Internet, broadband network and enterprise business solutions dedicated to meeting the specialized needs of its diverse and global base of customers. NEC delivers tailored solutions In the key fields of computer, networking and electron devices, by Integrating its technical strengihs in IT and networks, and by providing advanced semiconductor solutions through NEC Electronics Corporation. Empowered by innovation, its solutions, products and services are backed by the leadership and expertise of one of the most successful global companies, conducting business for more than 100 years. For additional information, please visit the NEC home page at: !°° Emrwwere0 by Innovation S 25A-67 NEC's UNIVERON60 Communlcotlons Model Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance 2. Short summary description of the ownership. pref. section 6.2.c} NEC Corporation of America (NECAM) is a privately held subsidiary of NEC Corporation. As a general rule, NECAM does not disclose financial statements or related financial information to its customers, except where the size and/or scope of the contract might warrant such disclosure. NEC believes that the information in this report should be more than sufficient for Springfield City Schools to evaluate NEC's ability to fulfill its obligations. A copy of the annual reports for 2005 and 20010 can be downloaded at the following links: http://www.nec.co.jp/ir/en/material/annual/2009/index.html http://www.nec.co.jp/ir/en/material/annual/201.0/index.html 3. Description of the major service/s offered by the Proposer's firm. {ref. section 6.2.c} NECAM's service portfolio includes the following: ® SMB & Enterprise Communications Platforms b Unified Communications P Network Infrastructure b VolP Solutions P Contact Center Applications 6 Network Security Solutions ® Broadband & Carrier Services Wireless Solutions V Digital Signage b Infrastructure Services 6 Managed Services V Professional Services 4. The number of years that the Proposer has been in the business of providing telephone and/or voicemail system maintenance. (If company name or ownership has changed of the period cited, please note and explain.) {ref. section 6.2.c} NEC began manufacturing telephone systems in the 1920's and has continued to protect our client's investments in technology. We consistently offer innovative solutions and give our clients the ability to take advantage of them through upgrade paths and software assurance. We have always offered full service Maintenance to our client base. See the following diagram for NEC's complete technology timeline. NEC Empowered Gy lnnovadon 9 25A-68 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance CL EV TECHNOLOGY -00:4 ITNIJIT, R GE NE Ax 2400 IPX 2005 1 (CPL! Pen.tiain 1G) 2.003 1F (110 6, RCE V-70 0 It, Evolution ! 2;} (CPL Pentium III 601}) t 19 u l N TV ;XX 2400 IN-1X7 FusIota (CPL' Pentium 133) t 1996 j/N'FA- X 2400 I C'S (CPU Pentiam) 1995 ,' NEAUX 1-400 K-'S (CPL' 31 Bit 4S6) 1993 SEA 2400 IC.S (CPL' i? Bit q) 1989 \on Blocking TDS%VI Stored Frog (CPU 32 Bit 1-70) N , N 2400 RDti ion Blocking TDSYi', Stored VI,g...g (CPU, 16 Bit S086) 197 8 -°'"?iE.?•K 22 Time Division. Stoned pKpg (CPU S Bit SOSO) 1974 IN X 31 Space Division,. Stored Prola (Discrete CPL' 16 Bit) 5. A confirmation of the Proposer's willingness and capability to agree to and to follow the terms and processes outlined in this RFP and resulting agreement including all administrative and billing procedures of the City. {ref. section 6.2.e} Yes, NECAM is willing and capable of negotiating to mutually agreeable terms of the RFP and the resulting agreement including administrative and billing procedures. 6. A description of any other information the Proposer feels is relevant in helping the City gauge the Proposer's business stability. tref. section 6.2.f} NEC has partnered with the City of Santa Ana for over 15 years and has provided sales and engineering support as well as maintenance services. We believe the partnership has been extremely strong, built on mutual trust and the commitment to serve the City of Santa Ana. This is evident in the long term technical resources and management that have supported the City over the years. This long terra commitment provides tremendous value to the City, as our engineering corps has the history and the knowledge to keep you up and running. We also have the expertise to advise the City on beneficial new technologies. NEC: Empowered by Innovation 10 25A-69 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance 7. Has your firm had a contract terminated for cause within the last 3 years? If so, please explain the circumstances. {ref. section 6.2.f} No. 8. Has either a customer or a vendor sued your firm in the last 3 years? If so, please explain the circumstances. {ref. section 6.2.f} No. NIEEmpowered by Innovation 11 25A-70 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance 9. References Provide a MAXIMUM of three (3) references from government agencies or commercial firms that will attest to your firm's ability within the last three years to provide services similar in scope and skills sought by the City in this RFP. Reference One: Name of Client County of Santa Barbara Location where work was performed Santa Barbara, CA Knowledgeable contact (name) Carl Thornton Contact's title Communication Manager Contact' email address cthornton co.santa-barbara.ca.us Contact's phone number 805-681-5581 Approximate period during which the services were provided Currently under contract Description of services provided Maintenance Service Reference Two: Name of Client San Diego Data Processing (City of San Diego) Location where work was performed San Diego, CA Knowledgeable contact (name) Mike Straw Contact's title Telecommunications Manager Contact' email address mstraw@sddpc.org Contact's phone number 858-581-9799 Approximate period during which the services were provided Currently under contract Description of services provided Maintenance services Reference Three: Name of Client City of Rancho Cucamonga Location where work was performed Rancho Cucamonga, CA Knowledgeable contact (name) Keri Hinojos Contact's title Sr. Buyer Contact' email address keri.hinojos@cityofrc.us Contact's phone number 909)477-2700 ext. 2501 Approximate period during which the services were provided Currently under contract Description of services provided Maintenance Services NEC Empowered by InnowLion 12 25A-71 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Part A - NEC Systems (To be completed by NEC Telephone Systems maintenance Proposers) Al. A description of the overall qualifications of the Proposer and experience and ability to provide telephone system maintenance for NEC-based telephone infrastructure. {ref. section 6.2.d} NEC began manufacturing telephone systems in the 1970's and has continued to protect our client's investments in technology. We consistently offer innovative solutions and give our clients the ability to take advantage of them through upgrade paths and software assurance. We have always offered full service Maintenance to our client base. A2. Identify and provide evidence of the Proposer's certification/authorizations to provide telephone system maintenance for NEC systems/equipment identified in section 4.0 of the RFP. {ref. section 6.2.d} NEC Corporation of America is certified and authorized to provide telephone system maintenance for the 24001MX, 24001MG-XH, 24001MG/ICS and 2000IVS. NEC also has full knowledge of Centigram voicemail systems and EDAC. A3. A description of any unique qualifications and experience which distinguish Proposer's ability to provide telephone system maintenance for NEC systems. {ref, section 6.2.d} NEC's unique qualifications and experience are simply stated: who better to trust your telephony environment to then the manufacturer itself? We have the intellectual knowledge and property and the long standing engineering staff and field engineers who understand how our equipment functions -- inside and out! This is evident in the many cities and government agencies that rely on NEC for their communication requirements, A4. What percent of your base business consists of servicing and supporting NEC telephone equipment? {ref. section 6.2.f} NEC Corporation of America's mission is to provide customers with a world-class, end-to- end support solution for every aspect of their communications network: staging, configuring, deploying, maintaining, and upgrading. Add to this, support from our professionals with leading technical expertise and state-of-the-art resources and the result is a focused effort to provide our customers with the best support in the industry. With direct expertise of NEC technologies, NEC Corporation of America is able to extend to Santa Ana a worldwide infrastructure of expert knowledge. NEC Empowered by Irmo tlw 13 25A-72 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance A5. A description of the qualifications, experience and abilities to provide telephone system maintenance services of the Proposer's candidate on-site technician, backup technicians, and any other on-site engineering and service staff. ? {ref. section 6.2.g} NEC has been servicing this account with the same onsite technician since 1993. The same would apply to our back up technicians and engineers. Our technicians have a good understanding of the City's network and layout. NEC technicians and engineers very familiar with The City of Santa Ana's staff. A6. Identify and provide the certifications on NEC systems/equipment (as identified in section 4) of the Proposer's candidate on-site technician, backup technicians, and any other on-site engineering and service staff. ? {ref. section 6.2.g} NEC's current Santa Ana onsite technician holds certifications in 24001MX, 24001MO-M, 24001MG/ICS, 20001VS, knowledge of Centigram voicemail system and EDAC. The backup technician is certified on 24001PX, 2400Rf1S, 20001VS2, 20001PS. A7. A description of any unique qualifications and experience which distinguish Proposer's candidate on-site technician's, backup technicians", and any other on-site engineering and service staff's ability to provide telephone system maintenance services. ? {ref. section 6.2.g} We have been servicing this account with the same onsite technician since 1993. The same would apply to our back up technicians and engineers. Our technicians have a good understanding of the City's network and layout. A8. A description of the Proposer's candidate on-site technician's and backup technicians" working knowledge of, skills in, and experience with Category 5 cabling and termination in accordance with the Electronic Industries Association/ Telecommunications Industry Association (EIA/TIA) standard practices. ? {ref. section 6.2.9} NEC's current Santa Ana onsite technician is Cats certified. A9. Provide evidence of any training to Item A8 above. {ref. section 6.2.g} NEC's technicians and engineers have performed all necessary training for certification on these platforms. NEC Eff4 o ,erect by Innovation 14 25A-73 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Respond to each of the following services sought by the City and related terms and conditions as the Proposer's willingness and ability to provide or comply. Identify any exceptions. {ref. section 6.2.h) 1.11- It. -file I- _-AA- --A /.,.... ..?„ Exception\s 5.2 General Services & Su port The City seeks a term of three (3) years x Yes ? No with possible extensions of three (3) additional one-year periods at the City's discretion. The City seeks a Vendor to provide full- x Yes Li No service maintenance for the City's NEC Telephone S stem network. - - -- The Vendor shall: • Provide an on-site service technician to x Yes ? No perform repair services and MAC'S. (See section 5.3 • Provide all required maintenance (parts x Yes ? No *Except EOL equip. This also does not and labor) and maintain the equipment include upgrading or updating system in good operating condition in to current revision level when new accordance with the manufacturer's revision has been released or already technical specifications. This is to released. Additional charges will apply include the most current software when requesting to update to new release for all telecommunications software release. equipment at no additional charge to the City. • Use only original equipment x Yes ? No Yes, applicable to non-EOL equipment. manufacturer (OEM) parts for repair or EOL equipment will be replacement of defective equipment repaired/replaced on "best efforts" or such as circuit cards and telephone when replacements parts are instruments (including corded and available. This is not applicable to cordless telephones as well as hands- defective equipment caused by the free headsets and amplifiers - customer or "act of god". PLANTRONICS) at no additional charge to the Cit . • Perform preventive maintenance of all x Yes ? No systems and equipment at a minimum in accordance with manufacturer's specifications and/or requirements for the equipment, whichever is greater. • Preventive maintenance shall be x Yes ? No performed on a schedule which is workable with the City's operating requirements and which is mutually acceptable to the City and the Vendor. • Completed preventive x Yes ? No maintenance checklists will be provided to the City Telecommunications Coordinator on a month) basis. • At least once a month, perform regular x Yes ? No system backups & system de- fragmentations on all telephone HL BEC [NJ E.P-emd by4.,wa11- 15 25A-74 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Item Yes No Exception\s systems. • Maintain an adequate on-site inventory ? Yes x No *We don't not provide onsite crash kits of spare OEM parts for repairs and replacements. • The Vendor will identify the x Yes ? No amount and type of storage space it prefers. Actual storage space to be provided by City will be determined by the City Telecommunications Coordinator. • Respond on-site within four hours x Yes ? No *Applicable to NEC equipment only (excluding weekends and holidays) of Vendor's receipt of the City's service request when Minor Repairs are necessary during normal City working hours (8-5). • Minor Repairs should be completed x Yes ? No *Applicable to NEC equipment only within twenty-four 24 hours. • Respond on-site within 30 minutes of x Yes ? No the City's notification by the Telecommunications Coordinator or his/her designee in case of Major System Failure during normal City working hours (8-5), • In case of Major System Failure, x Yes ? No before or after normal City working hours (8-5), or on weekends or days observed by the City as holidays, the Vendor shall respond on-site to notification of major failures within two (2) hours of said notification. • Major System Failure repairs x Yes ? No *Except for EOL equipment. should be completed within Applicable to NEC equipment only. This twenty-four (24) hours. is not applicable to defective equipment caused by the customer or "act of god". • In the event that the Vendor has ? Yes x No *We do not supply loaner equipment. not repaired a Major System NEC will restore system to the best of Failure within twenty-four (24) their ability on "best efforts" basis. hours, Vendor will provide and install on site loan equipment at no additional cost to the City, within forty-eight (48) hour after failure notification. • The City Telecommunications x Yes ? No *The City's Telecommunications Coordinator or his/her designee Coordinator will consult with NEC and will determine the designation of come to an agreement to determine if any repair as either Minor or j repair is either Minor or Major. Ma or. • Serve as agent on the City's behalf for x Yes ? No all telephone company associated service and repair issues. • Provide for use by the on-site x Yes ? No technician (and all substitute or supplemental technicians a portable Emp-red by In-don 16 25A-75 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Willinn I ?kln f- :A- -A I .?.. Exception\s or laptop maintenance terminal for use in supporting the City's telephone system. 5.3 On-Site Service Technician The Vendor will provide an NEC certified x Yes ? No Service Technician dedicated solely to the City of Santa Ana. This dedicated technician will: • Work on-site at the City of Santa Ana x Yes ? No for eight (8) hours per day and forty (40) hours per week. However, City may, with fifteen (15) day prior written notice, change the number of days per week of the on-site dedicated technician support, with a corresponding increase/ reduction In the System Maintenance Related Charges, as set forth in Appendix A, Section 3. Price Proposal. The City shall retain the right to specify the weekly business days on which the technician will be on-site. Further, the City may, with ten (10) day prior email notification to Vendor, designate one or more days within a given work week, for which on-site technician support will not be provided. For each day that on-site support is cancelled, a credit will be issued to the System maintenance Related Charges as set forth in Appendix A, Section 3. Price Proposal. • Be on-call on a twenty-four-(24) hour, x Yes ? No seven (7) day-a-week, as-needed basis. • Perform repair services on any and all x Yes ? No *NEC & Centigram equipment only voice communications equipment as directed by the City Telecommunications Coordinator. • Will be available, when not responding x Yes ? No to particular requests for repair services, to provide as-needed MAC services as directed by the City Telecommunications Coordinator. Repair and MAC priorities will be x Yes ? No determined by the City Telecommunications Coordinator. Performance of MAC work during x Yes ? No *Applicable to dedicated onsite tech or normal assigned hours will not his backfill. Additional tech/eng incur any additional charge to the requested by the City to perform MAC City. will be billed at prevailing T&M rate. Should be capable of creating and x Yes ? No modifying a mailbox on the CENTIGRAM Voicemail System and performing a system backup. Empowered by kv .wtfon 17 25A-76 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Willin & able to rovide and/or com I Item Yes No . Exception\s • Have a working knowledge of, skills in, x Yes ? No and experience with Category 5 cabling and termination in accordance with the Electronic Industries Association/ Telecommunications Industry Association EIA/TIA standard practices. In addition: • Should the assigned technician be x Yes ? No --- , _-T.._._ *It will be at the discretion of NEC to absent or unavailable, the Vendor will decide a backfill of equivalent skills. provide an equally qualified and certified replacement technician. • The City reserves the right to review ? Yes x No and approve the assignment of the dedicated technician if replacement (either temporary or permanent) of the existing technician is re uired. • The assigned technician's work hours x Yes ? No *With 48 hour prior notification to may be adjusted by the City NEC. Telecommunications Coordinator from 8-5 on an as needed basis with prior notice to the Vendor to allow necessary work to be done during a period with less impact on City's business operations. • If the Vendor elects at their choice to ? Yes x No use more than one service technician to perform a task, there will not be any additional cost to the City. • Work outside the scope of work of this x Yes ? No Proposal will be billed at agreed-upon service rates and only when authorized in advance by the City Telecommunications Coordinator or his/her designee. 5.4 EVENT MONITORING SERVICE FOR NEAX2400IPX The Vendor shall provide, install and x Yes ? No *An event monitoring system is maintain, at no additional charge to the already in place. City, an Event Monitoring Service (with associated equipment) to each of the City's NEC NEAX 2400IPX systems or like systems. • The Event Monitoring Service shall x Yes ? No monitor for system alarms and environmental conditions and connectivity provided b the City. • The Vendor shall continuously monitor x Yes ? No the output of these Event Monitoring units on a twenty-four (24) hour per day, seven (7) days per week, fifty- two (52) weeks per year basis and will take prompt corrective action when an irre uiarit / roblem is detected. • In those instances when a major x Yes ? No NEC Enpowered by l-a[lon 18 25A-77 Response to the City of Santa Ana Telephone System and/or Voicemall System Maintenance Willinn IL ahla to nrnvirlP and /nr r•mmnly • Exception\s system or environmental problem is detected, the Vendor will promptly alert the City Telecommunications Coordinator or alternate designated City contact person. • In the event that the Event Monitoring ? Yes x No 't.To the extent such environmental Service fails to detect and alert of an system conditions are detectable by environmental or system condition, the Event Monitoring Service. This is which causes damage to the City's not applicable to defective equipment equipment: the Vendor shall make all caused by the customer, the City or necessary repairs to restore the "act of god". equipment to the manufacturer's specifications and full operation at no additional cost to the City.__ 5.5 Telephone Instruments The Vendor will: _ • Service and maintain in good working x Yes ? No condition all telephone instruments in use throughout the City on all City telephone systems in accordance with the manufacturer's technical specifications. • Either repair or promptly replace faulty X Yes ? No *Except EOL equipment/phones telephone instruments with identical OEM equipment. • At all times, maintain on City premises, ? Yes x No an adequate supply of spare OEM telephone instruments of each model currently in use on the City telephone systems. 5.6 Training During each year of the agreement, at a ? Yes ? No time selected by the City, one equipment-training course may be selected from the list below for each of three (3) persons designated by the City. The courses will be provided by the selected Vendor at no additional cost to the City. Courses: uv • NEAX 2400IPX Customer Administration Programming. ? Yes x No EOL Equipment. Formal training no longer offered. If customer request for training on 2400IPX, labor will be billed at prevailing engineering rate. • NEAX 2000IPS Customer Administrative Programming. ? Yes x No Formal training no longer offered. If customer request for training on 2000IPS, labor will be billed at prevailing engineering rate. • Basic IP Networking Fundamentals. ? Yes x No Formal training will be billed at current rate. NEC Empowered by Inn-d- 19 25A-78 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Willinn A ahi'm to nrnvir10 srsrl /nr r nw..ala. Item Yes No Exception\s Further, the vendor will provide additional training for any new systems that are purchased by the City from the Vendor during the term of agreement. x Yes ? No - -- --- ------- 5.7 Consultation Services During the term of this agreement, the Vendor shall provide, at no additional cost, consultation services with regard to but not limited to such items as: x Yes ? No • Upgrades to telephone equipment x Yes ? No • Software options x Yes ? No • Trunk and Central Office (CO) connectivity x Yes ? No • Fiber optic installation x Yes ? No • Productivity enhancements x Yes ? No • VOIP options x Yes ? No • Unified Messaging System options x Yes ? No V Y j-U Empowered Gy Innovation 20 25A-79 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Part B - CENTIGRAM (To be completed by CENTIGRAM maintenance Proposers) B1. A description of the overall qualifications of the Proposer and experience and ability to provide voicemail system maintenance for CENTIGRAM - based voicemail infrastructure. {ref. section 6.2.d} NEC began manufacturing telephone systems in the 1970's and has continued to protect our client's investments in technology. We consistently offer innovative solutions and give our clients the ability to take advantage of them through upgrade paths and software assurance. We have always offered full service Maintenance to our client base. B2. Identify and provide evidence of the Proposer's ability and capability to provide voicemail system maintenance for a CENTIGRAM 640 Voicemail System identified in section 4.0 of the RFP. {ref. section 6.2.d} NEC Corporation of America is certified and authorized to provide telephone system maintenance for the 24001MX, 24001MG-XH, 24001MG/ICS and 20001VS. NEC also has full knowledge of Centigram voicemail systems and EDAC. B3. A description of any unique qualifications and experience which distinguish Proposer's ability to provide voicemail system maintenance for CENTIGRAM systems. {ref. section 6.2. d } NEC's unique qualifications and experience are simply stated: who better to trust your telephony environment to then the manufacturer itself? We have the intellectual knowledge and property and the long standing engineering staff and field engineers who understand how our equipment functions - inside and out! This is evident in the many cities and government agencies that rely on NEC for their communication requirements. B4. What percent of your base business consists of servicing and supporting CENTIGRAM equipment? {ref. section 6.2.f} NEC Corporation of America's mission is to provide customers with a world-class, end-to- end support solution for every aspect of their communications network: staging, configuring, deploying, maintaining, and upgrading. Add to this, support from our professionals with leading technical expertise and state-of-the-art resources and the result is a focused effort to provide our customers with the best support in the industry. With direct expertise of NEC technologies, NEC Corporation of America is able to extend to Santa Ana a worldwide infrastructure of expert knowledge. NIEC Empowered by Irmo tlon 21 25A-80 Response to the City of Santa Ana Telephone System and/or Voicemall System Maintenance B5. Identify and provide the certifications on CENTIGRAM systems/equipment (as identified in section 4) of the Proposer's technicians and any other engineering and service staff. {ref. section 6.2.g} NE:C's current Santa Ana onsite technician holds certifications in 24001MX, 24001MG-XH, 24001MG/ICS, 20001VS, knowledge of Centigram voicemail system and EDAC. The backup technician is certified on 24001PX, 2400RDS, 20001VS2, 20001PS. B6. A description of any unique qualifications and experience which distinguish Proposer's technicians and any other engineering and service staff's ability to provide voicemail system maintenance services. ? {ref. section 6.2.g} NEC has been servicing this account with the same onsite technician since 1993. The same would apply to our back up technicians and engineers. Our technicians have a good understanding of the City's network and layout. NEC Empowered by Innovation 22 25A-81 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Respond to each of the following services sought by the City and related terms and conditions as the Proposer's willingness and ability to provide or comply. Identify any exceptions. {ref. section 6.2.h} Willinn IL -hl- te...rr,a.i.te -4 1 ..1., No Exception\s 5.2 General Services & Support The City seeks a term of three (3) years X Yes ? No *Through vendor Communitech with possible extensions of three (3) additional one-year periods at the City's discretion. The City seeks a Vendor to provide full- x Yes ? No *Through vendor Communitech service maintenance for the City's CENTIGRAM Voicemall System The Vendor shall: am-W MW • Provide all required maintenance (parts Yes x No *Through vendor Communitech, and labor) and maintain the voicemail is EOL. This also does not CENTIGRAM in good operating include upgrading or updating system condition in accordance with the to current revision level when new manufacturer's technical specifications. revision has been released or already This is to include the most current released. Additional charges will apply software release for all when requesting to update to new telecommunications equipment at no software release. additional charge to the City. • Use only original equipment x Yes ? No manufacturer (OEM) parts for repair or replacement of defective equipment. • Perform preventive maintenance on x Yes ? No *During normal business hours. the CENTIGRAM in accordance with manufacturer's specifications. • Preventive maintenance shall be x Yes ? No *During normal business hours. performed on a schedule which is workable with the City's operating requirements and which is mutually acceptable to the City and the Vendor. • Completed preventive maintenance x Yes ? No checklists will be provided to the City Telecommunications Coordinator on a month) basis. • Perform monthly system backups and x Yes ? No *During normal business hours. an Offiine Run/Verify every six (6) months. • Maintain an adequate on-site inventory ? Yes x No of spare OEM parts for repairs and replacements. - The Vendor will identify the amount x Yes ? No and type of storage space it prefers. Actual storage space to be provided by City will be determined by the City Telecommunications Coordinator. • Respond within four hours (excluding x Yes ? No weekends and holidays) of Vendor's receipt of the City's service request,. NEC Empowered by Inn-adon 23 25A-82 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance Willinn & nhlo to nrnvirlo nnrl /nr r nw...l.. Item Yes No Exception\s when Minor Repairs are necessary during normal City working hours (8- 5. • Minor Repairs should be completed x Yes ? No *Hardware replacement considered within twenty-four 24 hours. major. Excludes hardware. • Respond within two (2) hours of the x Yes ? No City's notification by the Telecommunications Coordinator or his/her designee in case of Major System Failure during normal City working hours 8-5 • In case of Major System Failure, x Yes ? No before or after normal City working hours (8-5), or on weekends or days observed by the City as holidays, the Vendor shall respond to notification of major failures within four (4) hours of said notification. • Major System Failure repairs should x Yes ? No *48 business hours be completed within forty-eight (48) hours. • In the event that the Vendor has not ? Yes x No repaired a Major System Failure within forty-eight (48) hours, Vendor will provide and install on site loan equipment at no additional cost to the City, within forty-eight (48) hours after failure notification. • The City Telecommunications x Yes ? No *In agreement with NEC. Coordinator or his/her designee will determine the designation of any re air as either Minor or Major. Empowered by Innovation 24 25A-83 Response to the City of Santa Ana Telephone System and/or Voicemail System Maintenance EXCEPTION and CLARIFICATIONS To Telephone System and/or Voicemail System Maintenance For The City of Santa Ana NEC Corporation of America ("NEC") appreciates the opportunity to submit its proposal for the City of Santa Ana in response to the Telephone System and/or Voicemail System Maintenance Request for Proposals ("RFP"). NEC has reviewed the terms set forth in the RFP and proposed clarifications and exceptions listed below, as it deems appropriate. While NEC realizes that, under certain circumstances, the information contained within our response may be subject to disclosure, NEC respectfully requests that all pricing, engineering design, and unique or specific hardware configurations provided herein be considered proprietary and confidential, and as such, not be released for public review. Please notify NEC promptly upon your organizations intent to do otherwise. Should NEC be successful in obtaining award for its proposal, NEC respectfully requests the opportunity to negotiate mutually acceptable terms and conditions. Page 16 9.12 {b),(2) EXCEPTION - NEC would like to revise the "Cancellation" block to read as follows.- "Should any of the described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions". Age 17 9.9 Tapes CLARIFICATION --ALL SALES TAX AMOUNTS INCLUDED IN THIS PROPOSAL ARE ESTIMATES ONLY AND PROVIDED SOLELY FOR THE CITY OF SANTA ANA'S CONVENIENCE. NEC REPRESENTS THAT IT HAS ACTED IN GOOD FAITH AND EXERCISED REASONABLE DILIGENCE IN ESTIMATING SALES TAXES, HOWEVER, NEC RECEIVES NO DIRECT BENEFIT FROM SALES TAXES AND CANNOT BE RESPONSIBLE FOR ANY INADVERTENT ERRORS, AND/OR ANY ADJUSTMENTS TO THE SALES TAX RATES OR REGULATIONS BY THE APPLICABLE TAXING AUTHORITIES, WHICH MAY ULTIMATELY IMPACT THE ACTUAL INVOICE AMOUNTS. E EWq eted by lnmv tlon 25 25A-84 N N C C) Q C f6 m ? C C ? f6 O Z E U ar = T Cf) O •? N E C U_ O O a) d ? ? o v m E 2 T C17 a) C O C CL a? N H F .,f C) s? cy') N V r fa C E U a--' C fp >1 C ? N 4--0 (a C E ro w V C > O z d Q1 U z w w Z U L L 0 V_ V •L L Q }m? L L a a N D 6 25A-85 a7 0 ?C U C cts ? C c w ? C cu O U a) !n _I_- .? 0 N E C V O O U)> () ? O C N E a) CL) r- 0 .c o. 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