Loading...
HomeMy WebLinkAbout2013-05-28 - AGENDA REPORTS - TMF TELEPHONE SYSTEM (2)CONSENT CALENDAR DATE: SUBJECT: I6707 RNUT1906 CITY OF SANTA CLARIT. AGENDA REPORT City Manager Approval: Item to be presented by: May 28, 2013 Agenda Item: 10 AWARD CONTRACT FOR THE PROCUREMENT AND INSTALLATION OF A NEW TELEPHONE SYSTEM FOR THE TRANSIT MAINTENANCE FACILITY Administrative Services RECOMMENDED ACTION City Council: 1. Waive the formal bid process per Section 3.12.270(D) of the Municipal Code, and award a contract to IntelesysOne for the purchase, installation, and a three- (3) year support agreement for a new telephone system for the City's Transit Maintenance Facility in the amount of $152,028; authorize staff to purchase eleven (11) replacement desktop computers, one (1) server, and display monitors through the City's contract with Dell Computers in the amount of $16,448; and authorize a contingency in the amount of $30,241, for a total not to exceed $198,717. 2. Appropriate funds in the amount of $198,717 to the Transit equipment account 12400-5201.003, and increase the ARRA grant revenue account 700-4424.012 by $198,717. 3. Authorize the City Manager or designee to modify all documents to contract with the next lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its obligations or perform, subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. BACKGROUND In order to meet the needs of our customers and City residents and to ensure reliable communication, the City is in need of a replacement telephone system for the Transit APPREED - � I- Maintenance Facility. Funding for a new telephone system is available through an American Recovery and Reinvestment Act (ARRA) grant that was awarded to the City for the replacement and expansion of transit -related technology. The Transit Division initiated operations at the Transit Maintenance Facility (TMF) in Spring 2005. The Cisco phone system, voicemail, and associated call -attendant solution installed at the facility was procured and installed at the time of construction. Shortly after the installation of the system, Cisco's licensing policies changed requiring new licenses for any upgrades made to either the telephone software or hardware. This licensing change made any future changes or upgrades to the system cost -prohibitive. In November 2007, Cisco System announced the end -of -life schedule for the software that manages the telephone system at the TMF, and as of May 2011, Cisco no longer provides any support for the system. On average, the City receives nearly 16,000 calls per month into the Transit Call Center. When combined with the volume of administrative calls placed to and from the TMF, the total call volume for the facility regularly surpasses 20,000 phone calls per month. In addition to housing the City's transit operation, the TMF also serves as the City's secondary Emergency Operating Center. In the event City Hall is damaged or not accessible, all communication, technology, and financial activities can be administered from the TMF facility. This replication required that the TMF be equipped with a reliable telephone system. To ensure the TMF is equipped with a robust and reliable telephone system, Technology Services staff conducted extensive research to identify a system that not only meets the needs of the facility, but one that can be easily expanded and modified to meet the City's evolving needs. At a minimum, the selected system would have to provide the following functionality: • Support up to 100 workstations • Provide a Voice Over IP solution • Voicemail/Unified messaging • Include call management and reporting functionality • Support interactive voice recognition software • Provide a graphic interface that allows staff to track call volumes • Include voice record and monitoring tools for training and quality control • Allow for server or cloud -based back up of voice recordings and system configuration • Scalable • Proven track record for reliability As a result of this effort, staff determined that the ShoreTel telephone system provided all the functionality required by the City in an easy to use and cost-effective configuration. The ShoreTel system is designed to be modular, allowing the City to add functionality without having to replace the system's core infrastructure. Pursuant to Sections 3.12.230 through 3.12.260 of the Municipal Code previously approved by the City Council, the formal bid process is waived for the purchase of information technology goods or services which may be acquired through the quote procedures. In an effort to streamline the procurement process and significantly reduce the project timeline, it is staff's recommendation that the City procure the requested ShoreTel telephone system through a General Services Administration (GSA) contract. GSA contract number GS -35F -0085U, valid from November 9, 2012 to November 8, 2017, was negotiated through a competitive bid process and complies with federal procurement guidelines. IntelesysOne has also agreed to comply with all ARRA reporting and Buy America requirements. Additionally, Technology Services staff conducted an independent review of the pricing submitted by IntelesysOne to ensure that the pricing submitted was reflective of the GSA contract and within industry standards. In support of the requested phone system, the City will need to replace 11 call -agent desktop computers which were installed in 2005 and have exceeded their useful life with the existing phone system. It is staff s recommendation that the City purchase these replacement computers using a previously negotiated agreement from Dell, which complies with City and federal procurement guidelines. ALTERNATIVE ACTIONS 1. Direct staff to issue a Request for Proposal for the purchase, installation, and support of a new telephone system for the City's Transit Maintenance Facility. 2. Other action as determined by the City Council. FISCAL IMPACT There is no impact to the General Fund with this procurement. One hundred percent of the funds for this project will come from an American Recovery and Reinvestment Act (ARRA) grant that was awarded to the City for the replacement and expansion of transit -related technology. No local match is required. ATTACHMENTS GSA Schedule 70 Contract is available in the City Clerk's reading file Draft Professional Services Agreement IntelesysOne is available in the City Clerk's reading file Draft Professional Services Agreement IntelesysOne Exhibit A is available in the City Clerk's reading file Draft Professional Services Agreement IntelesysOne Exhibit B is available in the City Clerk's reading file RECOVERY ACT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND INTELESYSONE, INC. Contract No. This AGREEMENT is entered into this day of between the CITY OF SANTA CLARITA, a municipal corporation and ("CITY") and IntelesysOne Inc., a communications and technology ("CONSULTANT"). 1. CONSIDERATION. 20, by and general law city solutions provider A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed one hundred fifty two thousand and twenty-eight dollars ($152,028.00) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days alter such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. Revised June 2011 Page I of 11 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the CITY with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: i. Carefully investigated and considered the scope of services to be performed; and ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from June 1, 2013 toDecember 31, 2015. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A." B. Termination as stated in Section 15. Revised June 2011 Page 2 of I 1 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 22 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11, CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective Revised June 2011 Page 3 of 1 I termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'S own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONSULTANT. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this Agreement, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. Revised June 2011 Page 4 of 11 20. INDEPENDENT CONSULTANT. CITY and CONSULTANT agree that CONSULTANT will act as an independent CONSULTANT and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $1,000,000 $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an `occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. CONSULTANT agrees to procure and maintain, at its sole expense, throughout the term of this AGREEMENT, and any extension thereof, Professional Liability Revised June 2011 Page 5 of I1 Insurance in the amount of at least S 1,000,000 to including, but not limited to, coverage for any errors or omissions by the CONSULTANT related to the duties of the CONSULTANT under item number 41 of the AGREEMENT with regard to the Buy American Rule under Section 1605 of the American Recovery and Reinvestment Act of 2009(hereafter "Recovery Act") and item number 42 of the AGREEMENT with regard to reporting obligations of the CONSULTANT under Section 1512 of the Recovery Act which insurance shall provide for payment to the City for any loss of any funding to the City for the Project which is the subject of this AGREEMENT due to the failure of the CONSULTANT to comply with the requirements of item number 41 and 42 of the AGREEMENT. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol I (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain coverage at CONSULTANT'S expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate. In the alternative, should CONSULTANT fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. G. Should CONSULTANT'S insurance required by this Agreement be cancelled at any point prior to expiration of the policy, CONSULTANT must notify City within 24 hours of receipt of notice of cancellation. Furthermore, CONSULTANT must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation. CONSULTANT must ensure that there is no lapse in coverage. 23. USE OF SUBCONSULTANTS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: Revised June 2011 Page 6 of 1 I If to CONSULTANT: IntelesysOne, Inc. 3155-B Last Sedona Ct. Ontario, California 91764 Attention: Kevin Sewell If to CITY: City of Santa Clarity 23920 Valencia Boulevard., Suite 300 Santa Clarita, CA 91355 Attention: Adrian Aguilar Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to notify the CITY pursuant to Section 25. NOTICES of any staffchanges relating to this Agreement. A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of CONSULTANT, except as indicated in Subsection B. Initials of Consultant B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be performing a specialized or general service for the CITY, and there is substantial likelihood that the CONSULTANT'S work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, the following CONSULTANT(S) shall be subject to the Disclosure Category "1" of the CITY's Conflict of Interest Code: 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any Revised June 2011 Page 7 of I I other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two 2 Attachment(s) to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIF1CATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity Revised June 2011 Page 8 of I 1 to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. 40. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment . eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The CONSULTANT shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 41. BUY AMERICAN RULE. CONSULTANT agrees to comply with all the requirements of Section 1605 of the Recovery Act of 2009 including, but not limited to, the following provision of Section 1605: "None of the funds appropriated or otherwise made available by this Act may be used for a project for construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States." CONSULTANT is directed to Exhibit "A" to this AGREEMENT which provides additional information regarding the Buy American Rule. In the event there are any errors or omissions by the CONSULTANT in complying with this Article which causes any loss of funding to the City for the project which is the subject of this AGREEMENT, the CONSULTANT is obligated to reimburse the City for any such loss of funding from all available sources including, but not limited to, insurance coverage provided by the CONSULTANT under this AGREEMENT for errors or omissions, offsets by the City from any payments otherwise due to the CONSULTANT under this AGREEMENT and any other funds or assets of the CONSULTANT. 42. REPORTING OBLIGATIONS UNDER RECOVERY ACT OF 2009. In addition to all other reporting requirements of the Contractor set forth in this AGREEMENT, Contractor agrees to comply with the additional reporting requirements of "vendors" pursuant to Section 1512 of the American Recovery and Reinvestment Act of 2009. Information required of "vendors" includes the following: 1. Monies spent on goods and/or services; 2. Name of vendor(s) with who said monies are spent; 3. Type of goods and/or services said money was spent; 4. Purpose for which said monies were spent; Revised June 2011 Page 9 of I I 5. DUNS number of Contractor (if obtained); 6. DUNS numbers of subsequent sub -contractors and/or vendors with whom goods and/or services are purchased by Contractor (if obtained); 7. Zip+4 of Contractor's headquarters; 8. Zip+4 of subsequent sub -contractors' and/or vendors' headquarters with whom goods and/or services are purchased by Contractor; 9. Number of weekly hours worked by each Contractor employee and Sub -contractor employee who either retained their job status as a result of the project subject to this AGREEMENT, or was hired specifically to fulfill the requirements of the project subject to this AGREEMENT. The above information shall be reported in writing directly to the City throughout the duration of the project subject to this AGREEMENT, cumulatively, on a quarterly basis beginning October 1, 2009 and thereafter on January 1, 2010; April 1, 2010; July 1, 2010; October 1, 2010; January 1, 2011; April 1, 2011; July 1, 2011; October 1, 2011 and so on. On each of these dates, the information must be reported to the City no later than 5pm. If any of these dates falls on a weekend or holiday, the information must be reported to the City by 5pm on the business day before weekend or holiday. Timely submission of this information to the City is critical as the City has reporting obligations under the American Recovery and Reinvestment Act of 2009 and the City needs this information to fulfill the City's reporting obligations to the federal government. The above information may be reported to the City by completing Exhibit B attached hereto in hard copy or electronically via email to: Casey Bingham City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 Email: cbingham@santa-clarita.com Fax: 661-259-8125 In the event the Contractor fails to timely and accurately report the above information to the City which failure causes any loss of funding to the City for the project which is subject to this AGREEMENT, the Contractor is obligated to reimburse the City for any such loss of funding from all available sources including, but not limited to, offsets by the City from any payments otherwise due to the Contractor under this AGREEMENT and any other funds or assets of the Contractor. If the Contractor has any questions about the above reporting obligations, then the Contractor is encouraged to contact Casey Bingham at 661-255-4902 (Phone) or cbingham@santa- clarita.com (Email). In addition, the Contractor may obtain information about the reporting obligations on line from the helpdesk staff of the Office of Management and Budget at www.FederalReporting.gov website. Revised lune 2011 Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONSULTANT: .01 Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City Attorney Date: Revised June 2011 Page I 1 of 1 I L7--7K[+(Brf- A Scope of Work - Intelesys Communications For Telephone System Installation This document outlines the complete scope of work included in the contract for the installation of the business telephone system. Both parties understand the purpose of this document is to outline specifically the work contracted for and the responsibilities of Intelesys Communications to the customer. Any work added or changed will be billable to the customer. The customer has contracted Intelesys Communications specifically to provide the following: General Installation 93 Total stations to connect to existing functional wiring 0 Total stations that will be given new wiring 93 Total end users to be trained 10 Total training classes to be conducted 4.5 Trainer hours on site after conversion 3 # of days classes span # of maximum attendees on a conference call PO# of additional Patch cord included (Phones come with one) Voice Mail Installation F:::]Auto Attendant greetings to be pre recorded O]Personal greetings to be recorded Network installation 2 # Seats to have unified messaging installed by Intelesys 0 # Seats to have fax server installed by Intelesys 2 # Seats to have desktop call manager installed by Intelesys Add on product installation P12Existing music on hold to be connected Overhead paging system to be connected # Existing analog device to be connected Additional considerations Items that may result in charge (not a complete list) []Additional cabling Moving of phone jacks Repair of any equipment or cabling not meeting industry standard Outdated add-ons that are not compatible with new equipment (i.e. paging amp) 20 - Program changes requested by customer not originally specified (5 free are given) Additional training requested by customer Any network troubleshooting for IP installations proven to be a network issue Initials Any items not specified above will be considered outside the contract and will be billable. The customer also acknowledges that additional work may not be able to be completed at the time of install in order to preserve the flow of the conversion. Any specific requirements should be noted on this document to avoid any confusion between the contracted parties. Customer Signature Printed Name Date —,2-/– oI @ShoreTel System Installation - Training Specifications To transition your company and users over to your new phone system Intelesys Communications proposes the following training schedule: End user Classes Class Size - 8-12 students Class Duration - 60 to 90 minutes Class location - Customer site Instruction Type - Instructor led participation Class Goal This class is focused on end user training of the phone system, voice mail, and call manager. At the end of the class, users should be able to answer, transfer, and manage calls via their desktop and their phone. Basic feature review will also be covered in the class. Certain classes may schedule a break out session after the main class is over to cover advanced management features and operator operation Total classes allocated 10 Number of days onsite training spans 3 Administration Classes Class Size - 1-4 students Class Duration - 2 to 4 hours Class location - Via the Internet Instruction Type - Instructor led participation Class Goal This class is designed to give administrators the overview of programming and maintaining the ShoreTel phone system. At the end of the class students should be able to add users to the system, change user profiles, and view diagnostics of the phone system operation Total classes allocated 1 Ongoing training A full set of end user videos will be supplied to the customer for future use. These videos contain a comprehensive overview of the system, as well as shorter feature specific videos for review Additional; administration classes may be signed up for at a cost of $450 for the first student and $150 for each additional student per session Q customer signature F Date Telephone System Proposal Intelesy�� City of Santa Clarita - Transit Common Equipment Requirements 0 ShoreGear 30 Switch Each switch is fully redundant, remotely survivable, and provides for 1U half width - Max Capacities - 30 IP phones, 2 Analog exts, 2 LS only trunks, 0 Universal ports. Not all maximum capacities can be reached at the same time. 0 ShoreGear 50 Switch Each switch is fully redundant, remotely survivable, and provides for 50 IP phones or 2 analog connections such as faxes, modem, and 4 analog telephone lines. For each analog device connected on the switch, 5 IP ports are lost full width, Max Capacities - 24 Analog extensions. No IP Phone or trunk support. 3 ShoreGear 90 Switch Each switch is fully redundant, remotely survivable, and provides for 90 1P phones or 4 analog connections such as faxes, modem, and 8 connections for analog telephone lines. For each analog device connected on the switch, 5 IP ports are lost 0 ShoreGear 120/24 Switch Each switch is fully redundant, remotely survivable, and provides for 120 1P phones or 24 analog connections such as faxes, modem, and analog telephone lines(Only 8 can be CO lines). For each analog device connected on the switch, 5 IP ports are lost 0 ShoreGear 220 T-1 Switch Each switch is fully redundant, remotely survivable, and provides for 100 IP phones and a digital T-1 or PRI connection 3 ShoreGear T-1 Switch Provides interface for telephone company T-1 service or PRI circuit 2V Switch Option Provides for flas vocie mail storage at remote site(s) 0 Applications server Provides for 254 ports of voicemail, and administration web page fro the phone system. Customer may choose to provide their own server with the minimum specs of 512 Mb Ram, 1 Gb Drive, P3 800Mhz processor or better. Cost includes setup ShoreGear SA -100 Web/Audio Switch (50 Audio max/box, 30 Web max per box, 500 1 IM incl) Provides for conference bridging for audio and web stackable to a max of 5 units =Rack Mount Kit 1/2 U Switches Provides shelf to mount (2) ShoreTel 1/2 U Switches -a3- Presented by Intelesys Communications Services Inc. (800) 477-8578 Telephone System Proposal Intelesys City of Santa Clarita - Transit Licensing 93 Extension and Mailbox User Provides license for single user on both the phone system and the voice mail 12 Extension Only User Provides license for user on the phone system only Mailbox Only License Provides for license for user on the voice mail only 85 Personal Call Manager Provides for call management via deskLop pc interface M Professional Call Manager Provides for call management via desktop pc interface including contact viewer, softphone and video IOperator Call Manager Provides for desktop interface for operator call management [:�]5 User Web ports Allows for 5 simultaneous web users on the SA -100 audio/web coneference a liance —25— tri.. Telephone Sets Quantity item 1 ShoreTel IP 115 Phone Silver/ Black Basic single line IP Handset without a display for basic communication. May be used in conounction with call manager for full call control and multiple call control 0 ShoreTel IP 230 Phone Silver / Black 3 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys and 4 interactive soft keys. May be used in conjunction with the call manager 89 ShoreTel IP 230 Gigabit Phone Silver/ Black 3 Line full featured handset with full duplex Bose style speaker phone. Equipped with8 hard keys and 4 interactive soft keys. May be used in conjunction with the call manager, Provides for Gigabit network connection 0 ShoreTel IP 212K Phone Silver / Black 12 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys and 2 interactive soft keys. May be used in conjunction with the call manager 0 ShoreTel IP 560 Phone Silver / Black 6 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys, 4 interactive soft keys and backlit display. May be used in conjunction with the call manager 0 ShoreTel IP 265 Color Phone Silver / Black 6 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys, 4 interactive soft keys and Color backlit display. May be used in conjunction with the call manager ShoreTel IP 560 Gigabit Phone Silver / Black 6 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys, 4 interactive soft keys and backlit display. May be used in conjunction with the call manager. Provides gigabot connection and requires a POE switch. Power bricks can not be used 0 ShoreTel IP 565 Color Phone Silver/Black 6 Line full featured handset with full duplex Bose style speaker phone. Equipped with 8 hard keys, 4 interactive soft keys and Color backlit display. May be used in conjunction with the call manager 3 ShoreTel IP 655 Touchscreen Phone Touchscreen executive phone equipped with Gigabit connection, full duplex speaker hone and headset 'ack ShoreTel IP 655 Phone satellite mics (2) Provides 2 wired microphones off the 655 phone E::11ShoreTel 24 Button Console 24 button console for appearance of 24 extensions. May be stacked E:I'ISoftPhone License Provides for software based telephone connection via laptop or deskto Pc ShoreTel POE Brick Provides power for IP phones. Not needed if using a power over etehrnet switch on client network 0 Standard Cordless Phone Provides for mobile integrated communication averaging 100 to 300 feet in range. Note ranges may vary by location 0 Long Range Cordless Provides for mobile integrated communication averaging 1/4 to 1/2 mile in range. Note ranges may vary by location LCordless Headsets Provides for wirelss headset for any shoretel phone 11provides Standard Headsets for wired headset on any phone ShoreTel IP 8000 Conference Dish Provides full du lex multi party conference calls via IP connection -.27- Services Intelesyrs—s Quantity Item 1 1 Year Hardware / Software uProvides for full replacement of any defective part for the first year of usage 1 Installation Provides for full system design, programming, and training of end users and system administrators IlMisc Installation Hardware hardware for product installtion =Additional Site License Required for each additional site used in a multi site deployment 0 Distributed Voice Services Required for an additional server to be used in another site for voicemail and automated attendant redundancy M Distributed Voice Services - Server Server to run distributed Voice Services 0 Site Analysis first two sites Provides for LAN / WAN analysis of up to the first two site installations to verify the successful ability to install a VolP phone system Site Each additional site I,�JI Provides for LAN /WAN analysis of an additional site installation to verify the successful ability to install a VoIP phone system 0 Advertisement on hold Provides a digital player and 4 minute custom studio recording for customer's on hold. Client can choose music background and a custom script will be developed by media producer and client ,Z P-- Quantity Additional Equipment _:_ Item 1 Oaisys Solution for Dual PRI's 2 T-1/PRI appliance with micrsofot windows server OS. Includes Tracer concurrent user license and Diamong Support for 1 st year 1 Contact Center ECC Base 10 Package - includes licensing for up to 10 Agents. 6 Supervisor Licenses(2 for wallboards) Custom Dashboard Placeholder Customer will provide server for ECC L�ji Performance Bond L—L] Customer to provide server for voicemail —77�1 -2-1- Intelesys .0 Financial Analysis City of Santa Clarita - Transit Warranty Period Parts - Covers replacement hardware cost of any system part 12 Months Labor - Covers labor and travel cost of any system failure 11 12 Months E ui ment Total 123 756.35 GSA Contract Discount 22% $152,027.68 Total cost with 4 years hardware/ software support $162,151.43 Labor Discounted GSA 11% 15 820.00 Hardware Software Support Months 12 Discounted GSA 11% JF1. 10,123-75 Tax 8,68770 Shi in 618.78 Trade -In - 0 Total Cost $ 131,780.18 Total cost with 2 years hardware/software support $141,903.93 Total cost with 3 years hardware/software support $152,027.68 Total cost with 4 years hardware/ software support $162,151.43 Total cost with 5 years hardware/software support $172,275.18 *** For more information call Intelesys at (800) 477-8578 Pricing includes the following Installation Administrator Training End User Training Training Materials Hardware & Software Support 1 Year Warranty On-line Account Access 1 year of FREE software upgrades Installation coordination with your phone company Assigned Project Manager Annual Bill Analysis Support Plan Includes Knowledge Base — Tech Support/On Site Support Education — Recommendations from our Engineers Advanced Exchange _,36- m O O 66 00 W L6 vi 10 z 6f1 tf3 00 0 W Q m ti f!3 rr^^ vt Oy�� m� F�1 b�.i0 ? 1 o 4-j ?-i N C C0 r O C ou C o U I to r � O U C o dd C ct o a Q) Q Q) Q U ii O 0 W � v 0 0 a O a m O O 66 00 W L6 vi 10 z 6f1 tf3 n O O r' LO CO I's N N N ~ r N LO m N N N M T O• N LO 6% N Ln r � N Lo O r M in r 6s V 7 Lo M C, P CC M ,. - 3l- Q Q Oy�� m� F�1 b�.i0 ? 1 o '� v N C C0 r O C ou C o U cz C r � O U C o o a Q) Q Q) Q n O O r' LO CO I's N N N ~ r N LO m N N N M T O• N LO 6% N Ln r � N Lo O r M in r 6s V 7 Lo M C, P CC M ,. - 3l- Optional System Features Cost 1 Battery Back-up $1,395.00 Allows all telephones and voice mail to be operational for one hour in the event of a power outage $33.05 1 Applications Server $2,995.00 Cost per unit to upgrade to wireless headset $2.30,11 Provides for 254 ports of voicemail, and administration web page for the phone system. Customer may choose to provide Descript #VALUE! their own server with the minimum specs of 512 Mb Ram, 1 Gb Drive, P3 800Mhz processor or better $94.64 1=113escript Upgrade to wireless headset $97.00 �10 Cost per unit to upgrade to wireless headset $2.30,11 1=113escript web licenses for SA100 conference bridge $1,500.00 �10 Descript —$35.54 1=113escript I ?? I=Item jDescript #VALUE! Item ?? Descript #VALUE! 1=113escript Item ?? #VALUE! -3z- Buy America The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA -funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA -funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. 1S3- Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 C.F.R. Part 661.5. Date Signature Company Name Title Project Name..I /i /V,,, C� rrr�t L O 5 / Certificate of Non -Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Project Name _ -34-