LexisNexis (formerly Expanets) 1
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PRODUCT&SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER:
TERMS AND CONDITIONS
Pg 1 of 7
This Product & Service Purchase Agreement ("Agreement") is by and between the legal entities that have
executed this Agreement("Expanets"and"Client"). This Agreement covers Products and Services for use only
in the United States in the ordinary course of Client's business, and not for the purpose of resale by Client.
The parties agree that the terms and conditions of this Agreement will govern the Client's purchase and/or
license of equipment, software, and associated wire and cable, ("Products") and installation, maintenance and
other related services ("Services") described in this Agreement("Order"). Except as amended by the Addendum
to Agreement dated concurrently herewith, no other terms and conditions will apply to Client's Order, nor
control over this Agreement. If Client submits its Order on Client's own Purchase Order form ("PO"),then the
terms and conditions on Client's PO are expressly excluded. If applicable, this Agreement also consists of one
or more of the following documents:
X Schedule A-Order Summary Form
X Schedule B-Services Offerings Summary
X Schedule C- Scope of Work (incorporating the General Instructions and Requirements from RFP/RFQ
(Attachment No. 1)and the Technical Requirements from RFP/RFQ(Attachment No. 2).)
X Installation Services,❑ Professional Services
X Schedule D-Manufacturer's Software License Agreement(s)
X Schedule E-Agency Agreement
1. CONTRACT PERIOD - A. This Agreement shall be effective from the date of execution by authorized
representatives of both parties and shall remain in effect until terminated as set forth in this Agreement.
B. If Client orders Maintenance Service; it will commence on the expiration of the applicable warranty period
for the term stated on the Order Summary Form. Upon expiration of the initial term, Maintenance shall
automatically renew for successive one 3 year term at the monthly charges in effect at the time of renewal
unless either party gives the other written notice of its intent not to renew at least thirty (30) days prior to the
expiration of the initial or any renewal term.
2. ORDERS-A. Expanets' acceptance of Client's Order is subject to credit approval and to Client's remittance
of the initial payment as set forth on the Order Summary Form (Schedule A) and/or the Scope of Work
(Schedule C). Client will provide federal tax identification number to Expanets for the purpose of credit
evaluation.
B. Subsequent Orders, excluding Change Orders, with a purchase price or license fee of less than $10,000 for
additions or modifications to the Products and Services acquired hereunder ("Add Ons") may be purchased by
Client only via a purchase order signed by an authorized representative of Client. The price of Add Ons will be
Determined between Expanets' and Client at the time of purchase then current price.
C. When applicable, the parties will mutually agree upon a Scope of Work (Schedule C) that describes the
responsibilities of each party with respect to installation or other Services to be provided. The Scope of Work
shall be made part of the applicable Order when signed by both parties. Client's failure to perform its
responsibilities on the dates specified in the Scope of Work may result in a delay of the Order, or may result in
an increase in the prices stated on the applicable Order Summary Form or Scope of Work. Client's
responsibility for such increase shall be limited to any out-of-pocket expense caused to Expanets by such a
delay.
3. IMPLEMENTATION - A. The "Delivery Date" is the date Expanets delivers the Products to the Client's
location. The "In-Service Date" is the date that Products are substantially in operation in accordance with the
manufacturer's standard specifications and any additional documentation accompanying the Product
(collectively referred to as"Specifications")and are available for use by the Client.
B. Any mutually agreed upon changes made to the Order before the Delivery or In-Service Date shall be
documented on a Change Order form ("Change Order"). The Change Order form shall state the applicable
adjustments to the cost of the Order, including any applicable shipping charges or cancellation charges.
Amended 8/1/02
By:L.Kircher
2
Exjxets
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PRODUCT&SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER:
TERMS AND CONDITIONS
Pg 2 of 7
C. If Client requests a delay in the Delivery Date or In-Service Date, Expanets at its option may (1) delay the
Delivery Date or In-Service Date subject to any increase in the prices and charges on the Order; (2)deliver the
Products and invoice Client for the purchase price or license fee plus any applicable charges for Services
performed, in which case installation will be rescheduled at a mutually agreeable time;or(3)cancel the Order.
D. Expanets may, at its option, perform a site survey to identify Client's specific installation requirements. If
the site survey cannot be performed before Expanets' acceptance of the Order, it will be scheduled by mutual
agreement of the parties. Upon completion of the site survey, Expanets will identify and communicate to Client
any additional charges that may apply as a result of the site survey on a Change Order. If Client does not agree
to such additional charges, client may cancel the Order without liability for cancellation charges.
Notwithstanding the foregoing, for the Products listed on Schedule A, a site survey has been performed.
4. MAINTENANCE SERVICES - A. Maintenance Services include all labor and replacement parts and/or
Products required by Expanets to provide remedial repair of Products during the warranty period, or for
Products covered by an Order for post-warranty maintenance Service ("Maintenance Service"). PARTS AND
PRODUCTS REPLACED UNDER MAINTENANCE SERVICE MAY BE NEW, REMANUFACTURED OR
REFURBISHED. Any replacement part or Product will be warranted for the remainder of the original warranty.
Any removed parts and/or Products will become the property of Expanets.
B. Maintenance Service coverage will be in accordance with the option(s) described in Service Offerings
Summary(Schedule B)and selected by Client on the Order.
C. Expanets may, at its discretion, electronically monitor Products for the purpose of(1) providing accurate
remote diagnostics and correcting actions; and (2) ;determining the applicable renewal charges on the
anniversary date of Orders for Maintenance Services charged on a per port basis.Client agrees to cooperate with
Expanets in such data collection, including making remote access available to Expanets for this purpose. Any
Client information to which Expanets has access under this Section shall be deemed confidential and proprietary
information and governed by the terms of the Addendum to this Agreement.
D. Any additions made by Client to Products installed at the Client's location, dr,any additions electronically
identified pursuant to Section 4C above shall be automatically added to Maintenance Service coverage either
upon warranty expiration of the additional Product or on the anniversary. Products purchased from a party other
than Expanets ("Third Party Products"), may be added to Maintenance at Client's option. If Client requests
Maintenance coverage for Third Party Products, such Third Party Products shall be subject to testing by
Expanets at Expanets then current rates to verify operability. Maintenance Service coverage will be effective
immediately after Expanets satisfactorily tests the Third Party Products. Additions shall be charged at the
monthly prices charged by Expanets for the existing Products. If Client installs Third Party Products and does
not request that Expanets certify them, Expanets will not be obligated to extend maintenance service coverage to
such Third Party Products.
5. WARRANTIES AND EXCLUSIONS- A. Expanets warrants that during the warranty period the Products
warranted directly by Expanets will operate in accordance with the Specifications. If a Product does not operate
in accordance with the Specifications during the manufacturers' warranty period, Client will promptly notify
Expanets. Expanets will, at its option, either repair or replace that Product without charge to Client. The
warranty period shall be specified on the Order Summary and shall begin on the Delivery Date, or if installed by
Expanets,on the In-Service Date.
B. Except as warranted in 5.A above, Expanets warrants that Services will be performed in a workmanlike
manner in accordance with the provisions of this Agreement and any applicable industry standards and
government regulations. If Expanets fails to perform the Services as warranted, and Client reports such failure
within 30 days of the performance of the Service, Expanets will re-perform such Services.
C. For Products receiving warranty and post warranty service directly from the manufacturer, Expanets will
supply Client with the contact information for registration and service requests during the warranty period. If a
Product does not operate in accordance with the Specifications during the manufacturer's warranty period,
Amended 8/1/02
By:L.Kircher
.
3
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PRODUCT&SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER:
TERMS AND CONDITIONS
Pg 3 of 7
Client will call the manufacturers' Technical Assistance Center("TAC") and the manufacturer will perform all
required warranty work in accordance with the terms of its warranty.
D. EXCEPT AS STATED IN SUBSECTIONS 5A AND 5B ABOVE, EXPANETS, AND ITS PARENT,
RELATED COMPANIES, SUBSIDIARIES AND THEIR AFFILIATES, SUBCONTRACTORS AND
SUPPLIERS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
E. The Expanets' warranties provided in this Section 5 are limited to the normal and usual use and operation of
the Products by Client in accordance with the manufacturer's standard operating instructions. Expanets'
warranties and Maintenance Services do not cover and specifically exclude all claims resulting from the
following: (1) abuse or misuse of Products; (2) Client's failure to follow the manufacturer's installation,
operation or maintenance instructions; (3) environmental and force majeure conditions listed in Section 14; (4)
failure of network carriers or transmission errors experienced over Internet or other facilities; (5) attachment of
equipment to Products except through standard interfaces; or (6) loading of software onto Products or any other
modification to Products except as approved in writing by Expanets.
F. Without modifying any warranty provided elsewhere in this Agreement, Expanets does not warrant
uninterrupted or error free operation of the software Products. In addition, although Products are designed to be
reasonably secure, Expanets makes no express or implied warranty that Products are immune from or prevent
fraudulent intrusion, unauthorized use or disclosure or loss of proprietary information. Certain features if
purchased, such as Password Reset, Conference Mailbox, Skip Password and Monitor Mailbox, when enabled,
could be improperly used in violation of privacy laws. ,By ordering Products with these features or separately
ordering such features,Client assumes all responsibility for assuring their proper and lawful use.
G. Expanets shall have no liability for the delay in or failure to perform any Services to the extent that such
failure or delay results from the following: (1)delay by Client,any agent or representative of Client;(2)Client's
• failure to provide environmental conditions, access to the location where the work is to-be performed, including
without limitation remote access to Products, entrance to buildings, rooms, or sites; network facilities, or any
information or other resources which may be set forth in a Scope of Work for installation Services; (3)Client's
failure to make payments when they are due; (4)Force majeure conditions as set forth in Section 14.
H. The decision to acquire or use hardware, software (in any form), networks, supplies, facilities or services
from,parties other than Expanets ("Third Party Products") is Client's, even if Expanets helps Client identify,
evaluate or select them. EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, EXPANETS IS NOT
RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, PERFORMANCE OR QUALITY
OF THIRD PARTY PRODUCTS OR THEIR SUPPLIERS, AND THEIR FAILURE TO MEET CLIENT'S
EXPECTATIONS WILL NOT AFFECT CLIENT'S OBLIGATIONS TO EXPANETS.
6. CLIENT'S RESPONSIBILITIES - A. In addition to Client's responsibilities set forth elsewhere in this
Agreement, Client is responsible for notifying Expanets of the presence of any hazardous material (e.g.,
asbestos) on Client's premises prior to the commencement of any Services. Client is also responsible for
removal of any such hazardous material or correction of any other hazardous condition that affects Expanets'
performance of Services. Services will be delayed without any penalty to Expanets until Client removes or
corrects any hazardous condition. Client also agrees to notify Expanets prior to moving a Product under
warranty or an Order for Maintenance Services. Additional charges may apply if Expanets incurs additional
costs in providing Maintenance Services as a result of a move of a Product.
B. If the Product supports third party Telephony over Transmission Control Protocol/Internet Protocol (TCP/IP)
facilities for Wide Area Network ("WAN") connectivity; Client may experience certain compromises in
performance, reliability and security, even when the Products provided under this Agreement perform as •
warranted. CLIENT ACKNOWLEDGES THAT IT IS AWARE OF THESE RISKS AND THAT IT HAS
DETERMINED THEY ARE ACCEPTABLE FOR ITS APPLICATION OF THE PRODUCT. CLIENT ALSO
ACKNOWLEDGES THAT, UNLESS EXPRESSLY PROVIDED IN ANOTHER AGREEMENT, CLIENT IS
Amended 8/1/02
By:L.Kircher
4
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PRODUCT&SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER:
TERMS AND CONDITIONS
Pg 4 of 7
SOLELY RESPONSIBLE FOR (1) ENSURING THAT ITS NETWORKS AND SYSTEMS ARE
ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION, AND (2) BACKING UP ITS
DATA AND FILES.
7. PRICE AND PAYMENT - A. Client agrees to make an initial advance payment of 50% for Products and
Services indicated on the Order Summary Form with the balance of 50% due upon final invoice. Expanets will
invoice Client for the balance, adjusted to reflect all advance payments and any Change Orders, on the Delivery
Date or the In-Service Date, whichever is applicable. Client agrees to pay invoices upon receipt. Any invoices
not paid within thirty(30)days after the date on the invoice are subject to a late payment fee of one and one-half
percent(1-1/2%) per month or portion thereof,or the maximum amount allowed by law,whichever is lower, on
the unpaid balance. Restrictive endorsements or other statements on checks will not apply.
B. Client agrees to reimburse Expanets' attorneys' fees and related costs associated with collecting delinquent
payments. Late fees or attorneys fees shall not apply to balances in dispute resolved in the Client's favor.
C. Unless Client provides Expanets with a tax exemption certificate, Client is solely responsible for paying all
legally required taxes, including without limitation any sales, excise or other taxes and fees which may be levied
upon.the sale, transfer of ownership, license, installation or use of the Products, except for any income tax
assessed upon Expanets. Client will pay all shipping, handling, rigging and other destination charges relating to
the shipment and delivery of the Products to the location specified on the applicable Order.
8. TITLE/RISK OF LOSS - Risk of loss for Products shall pass to Client on the Delivery Date. Client will
acquire good and free title to Products purchased upon full payment of charges invoiced, except that title to
software will remain with the manufacturer of the software.
9. — [Intentionally left blank]
10. SOFTWARE LICENSE - Client shall receive the right to use software provided under this Agreement
pursuant to the Manufacturer's Software License Agreement in Schedule D or to any shrink-wrapped licenses.
11. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY - A. THE ENTIRE LIABILITY OF
EXPANETS, ITS PARENT, RELATED COMPANIES, SUBSIDIARI1S, AFFILIATES AND
SUBCONTRACTORS, (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF ALL OF THEM) AND CLIENT'S
EXCLUSIVE REMEDIES FOR ANY DAMAGES CAUSED BY ANY PRODUCT DEFECT OR FAILURE,
OR ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY SERVICE,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE: (1) FOR FAILURE OF PRODUCTS
DURING THE WARRANTY PERIOD, THE REMEDIES STATED IN SECTION 5;(2)FOR DAMAGES TO
REAL OR TANGIBLE PERSONAL PROPERTY OR FOR BODILY INJURY OR DEATH TO ANY
PERSON FOR WHICH TO THE EXTENT THAT EXPANETS' NEGLIGENCE OR WILLFUL
MISCONDUCT WAS THE PROXIMATE CAUSE, CLIENT SHALL HAVE THE RIGHT TO PROVEN
DAMAGES TO PROPERTY OR PERSON; (3) FOR EXPANETS' FAILURE TO PERFORM ANY OTHER
MATERIAL TERM OR CONDITION OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR
THIRTY (30) DAYS AFTER EXPANETS' RECEIPT OF WRITTEN NOTICE FROM CLIENT, CLIENT'S
SOLE REMEDY SHALL BE TO CANCEL THIS AGREEMENT WITHOUT INCURRING
CANCELLATION CHARGES OR CHARGES FOR PRODUCTS AND SERVICES NOT YET PROVIDED;
(4) FOR CLAIMS OTHER THAN SET FORTH ABOVE, EXPANETS' LIABILITY SHALL BE LIMITED
TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE
PRICE/LICENSE FEE OF THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
B. EXCEPT TO THE EXTENT PROVIDED IN 11.A. (2) ABOVE, EXPANETS SHALL NOT BE LIABLE
FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO: LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, LOST, CORRUPTED,
MISDIRECTED OR MISAPPROPRIATED DATA OR MESSAGES; AND CHARGES FOR COMMON
Amended 8/1/02
By:L.Kircher
S
.Exvcthlets
PRODUCT&SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER:
TERMS AND CONDITIONS
Pg 5 of 7
CARRIER TELECOMMUNICATION SERVICES OR FACILITIES ACCESSED THROUGH OR
CONNECTED TO PRODUCTS ("TOLL FRAUD"). EXPANETS SHALL NOT BE LIABLE FOR THE
TYPES OF DAMAGES STATED ABOVE WHETHER OR NOT EXPANETS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL SURVIVE THE FAILURE OF
ANY EXCLUSIVE REMEDY.
12. CANCELLATION/TERMINATION-A. (i)If Client cancels all or any portion of an Order for Products
prior to the Delivery Date, Client shall pay Expanets a cancellation fee of twenty-five percent (25%) of the
purchase price/license fee for the canceled Products. (ii) If Client cancels all or any portion of an Order for
Products that are unopened and still in their original package after the Delivery Date but prior to the In-service
Date, Client shall return the canceled Products and pay a restocking fee of, the greater of, twenty five percent
(25%)of the purchase price for such Products or twenty five dollars($25),plus all incurred shipping charges.
B. Unless otherwise stated in a Scope of Work for Services,Client may cancel an Order for Services subject to
payment of a cancellation charge equal to 50% of the total charges for the entire term of the Order, or the total
charges remaining as of the date of cancellation, whichever is less. For prepaid agreements, Expanets will
refund or credit the pro rata price of the remaining term less the applicable termination charge.
C. If either party fails to perform any material term or condition of this Agreement and such failure continues
for thirty (30) days after receipt of written notice, such failure shall constitute a breach of this Agreement and
the non-breaching party may terminate this Agreement without penalty or further obligation and may exercise
any available rights subject to the provisions and limitations set forth in Section 11 or elsewhere in this
Agreement. .�
13. SETTLEMENT OF DISPUTES - Any controversy or claim whether based on contract, tort, strict
liability, fraud, misrepresentation, or any other legal theory, related directly or indirectly to this Agreement
("Dispute") shall be resolved solely in accordance with the terms of this Section 13. If a Dispute arises, the
parties will attempt to resolve the Dispute through good faith negotiation within forty-five (45) days of
notification of the Dispute. If the Dispute cannot be settled through good faith negotiation, parties will submit
the Dispute to non-binding mediation conducted by the American Arbitration Association("AAA")or any other
mutually acceptable alternate Dispute resolution organization. Each party shall bear its own expenses but those
related to the compensation of the mediator shall be borne equally. The parties, their representatives, other
participants and the mediator(and arbitrator, if any) shall hold the existence, content and result of mediation in
confidence. If the Dispute is not resolved through mediation, claims may be brought in a state or federal court
of competent jurisdiction or resolved through binding arbitration. Any Dispute Client has against Expanets with
respect to this Agreement must be brought within two(2)years after the discovery of damage or injury.
14. FORCE MAJEURE -Neither party shall have any liability for delays, failure in performance, or damages
due to: fire, explosion, power failures, pest damage, lightning or power surges, strikes, or labor disputes, water,
acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy,
inability to secure raw materials, transportation facilities, fuel or energy shortages, performance or availability
of communications services or network facilities, or other causes beyond the non-performing party's control
whether or not similar to the foregoing.
15. ASSIGNMENT-Neither Client nor Expanets may assign all or part of this Agreement without the express
written consent of the other. This consent may not be unreasonably withheld. Expanets may, however, assign
this Agreement without Client's consent to a present or future parent, related companies, subsidiary, affiliate,or
successor, and Expanets may also assign Expanets' right to receive payment under this Agreement. Expanets
shall provide Client prompt, written notice of such assignments and shall use its best efforts to provide such
notice ten(10)days prior to the effective date of the assignment. Client acknowledges that Expanets' consent to
any assignment by Client does not waive assignee's obligation to pay any applicable license fees to the
manufacturer for associated software.
Amended 8/1/02
By:L.Kircher
6
Extycthiaets
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PRODUCT&SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER:
TERMS AND CONDITIONS
Pg 6 of 7
16. SUBCONTRACTING - As related to Schedule A Expanets is the sole provider of services required to
install,test and complete the installation. Any products or service not part of this agreement may require written
approval from client for subcontracting. Upon written approval from Client, Expanets may subcontract all or
part of the Services to be performed under this Agreement, but will retain responsibility for the work to the
extent of the warranties provided in Section 5
17. NON-SOLICITATION - Neither party shall solicit for employment any personnel of the other party who
has performed work for or received Services from the other party under this Agreement during or within twelve
(12)months of the performance of such Services.
18. GENERAL - A. Any supplement, modification or waiver of this Agreement must be in writing and signed
by an authorized representative of both Client and Expanets.
B. If either Client or Expanets fails to enforce any particular right or remedy available under this Agreement,
that failure will not be considered to be a waiver of any other right or remedy available under this Agreement.
C. This Agreement is for the sole benefit of the parties and there are no intended third party beneficiaries of this
Agreement.
D. If any provision of this Agreement is found to be illegal or unenforceable, that finding will not affect the
validity of the remaining provisions of this Agreement, and a valid provision that most closely approximates the
economic effect and intent of the illegal or unenforceable provision will be substituted for it.
E.All notices and other communications pertaining to this Agreement must be in writing, and will be considered
to have been given on the date of receipt if personally delivered, or on the fifth business day after mailing if sent
by certified mail,return receipt requested,postage prepaid at the addresses identified on the Schedule A.
F. The substantive and procedural laws of the state of Expanets' principal place of business, without regard to
any otherwise applicable choice or conflict of laws provisions,will govern this Agreement.
G. THIS AGREEMENT, INCLUDING ALL SUPPLEMENTS EXECUTED BY THE PARTIES AND
ATTACHED HERETO OR REFERENCING THIS AGREEMENT, IS THE ENTIRE AGREEMENT
BETWEEN THE PARTIES WITH RESPECT TO THE PRODUCTS ANS) SERVICES PROVIDED
HEREUNDER AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, COMMUNICATIONS
BETWEEN THE PARTIES AND UNDERSTANDINGS, WHE'1'I l l Ai WRITTEN OR ORAL.
Each of the parties has caused this Agreement to be executed and effective August 19,2002.
City of Rancho Palos Verdes("Client")
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. PRODUCT&SERVICE PURCHASE AGREEMENT
CONTRACT NUMBER:
TERMS AND CONDITIONS
Pg 7 of 7
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Amended 8/1/02
By:L.Kircher
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
On-site Maintenance and Service/Installation Activities/Contract No. or description:
Indemnitor(s) (list all names):
To the fullest extent permitted by law, indemnitor hereby agrees, at its sole cost and expense, to protect,
indemnify, and hold harmless the City of Rancho Palos Verdes and the members of its City Council,
boards and commissions, officers, attorneys, agents, employees, designated volunteers, successors, and
assigns (collectively"Indemnitees")from and against any and all damages, costs, expenses, liabilities,
claims, demands, causes of action, proceedings, expenses,judgments, penalties, liens, and losses of
any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs
associated therewith (collectively"Liabilities"), resulting from any negligent act,failure to act, error, or
omission of Indemnitor or any of its officers, agents, servants, employees, subcontactors, materialmen,
suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly,
out of, in connection with, resulting from, or related to the above-referenced agreements, license, or
permits (the "Agreement"), the operation of any uses authorized thereunder, or the performance or failure
to perform any term, provision, covenant, or condition of the Agreement, including this indemnity
provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive
negligence by indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
This indemnity provision shall survive the termination of the Agreement and is in addition to any other
rights or remedies which Indemnitees may have under the law. Payment is not required as a condition
precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment
against the Indemnitor shall be conclusive in favor of the Indemnitee's right to recover under this
indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in
enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be
construed to encompass (a) Indemnitees' active negligence or willful misconduct to the limited extent that
the underlying Agreement is subject to Civil Code§ 2782(a), or(b)the City's active negligence to the
limited extent that the underlying Agreement is subject to Civil Code §2782(b). This indemnity is
effective without reference to the existence or applicability of any insurance coverages which may have
been required under the Agreement or any additional insured endorsements which may extend to
Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from
all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the
Indemnitees.
R687610001\700896.1 Page 1 of 2 EXHIBIT A-INDEMNIFICATION&HOLD HARMLESS/
WAIVER OF SUBROGATION&CONTRIBUTION
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all
obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
"Indemnitor"
Name Name t_ '` A4PS.
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Its Its
R6876100011700896.1 Page 2 of 2 EXHIBIT A-INDEMNIFICATION&HOLD HARMLESS/
WAIVER OF SUBROGATION&CONTRIBUTION
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ADDENDUM TO AGREEMENT
(City of Rancho Palos Verdes)
THIS ADDENDUM TO AGREEMENT (the "Addendum") is made and entered into as of this 15th
day of August, 2002, by and between the City of Rancho Palos Verdes, a municipal corporation,
hereinafter designated as "City", and Expanets of California, Inc. a California corporation, hereinafter
designated as"Vendor."
RECITALS
A. City and Vendor are parties to that Certain "Product & Service Purchase Agreement"
dated August 19, 2002, and identified as Contract No. (the"Agreement");
B. This Addendum expressly modifies the terms of the Agreement as set forth more
particularly herein.
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises,
covenants, and conditions herein contained, the parties hereto agree as follows:
1. Effect of Addendum. This Addendum amends the terms of the Agreement and is
hereby made a part of and expressly incorporated into the Agreement. The parties hereby agree that the
obligations of the parties under the Agreement shall be governed by the terms set forth in both the
Agreement and this Addendum.
2. Term. This Addendum shall commence on the effective date of the Agreement, and shall
continue in full force and effect for the duration of the term of the Agreement.
3. Confidentiality. Vendor in the course of its duties may have access to personal or other
information of private individuals and employees of City. Vendor covenants that all data, documents,
discussion, or other information developed or received by Vendor or provided by City for performance of
this Agreement are deemed confidential and shall not be disclosed by Vendor without prior written
authorization by City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Vendor's covenant under this section
shall survive the termination of this Agreement.
4. Conflict of Interest. Vendor and its employees, associates and sub-consultants, if any,
will comply with all conflict of interest statutes of the State of California applicable to Vendor's services
under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections
81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Vendor and its
officers, employees, associates and sub-consultants shall not, without the prior written approval of the
City Manager, perform work for another person or entity for whom Vendor is not currently performing work
that would require Vendor or one of its officers, employees, associates or sub-consultants to abstain form
a decision under this agreement under this Agreement pursuant to a conflict of interest statute.
5. Indemnification. Vendor agrees to indemnify and hold harmless City, and its elected
officials, officers, attorneys, agents, employees, designated volunteers, successors and assigns, from any
and all liability or financial loss, including reasonably legal expenses and costs of expert witnesses and
consultants, resulting from any suits, claims, losses or actions brought by any person or persons, by
reason of injury to persons or property arising directly or indirectly from the negligent acts, errors or
omissions of Vendor, including its officers, agents, employees, subcontractors or any person employed by
Vendor, in the performance of on-site maintenance services in accordance with the Agreement, by
executing the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
attached hereto as Exhibit A and incorporated herein by this reference. Vendor agrees that Vendor's
covenant under this Section 5 shall survive the termination of the Agreement and this Addendum.
6. Insurance.
6.1. Vendor shall at all times during the term of this Addendum carry, maintain, and
keep in full force and effect, with an insurance company admitted to do business in California, rated"A" or
better in the most recent Best's Key Insurance Rating Guide, and approved by City, (1) a policy or
policies of broad-form commercial general liability insurance with minimum limits of$1,000,000 combined
single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by
0 7
Vendor, itsemployees,yees� 9
officers, to agents, and independent contractors in performance of services under
this Agreement; (2) automobile liability insurance, with minimum combined single limits coverage of
$1,000,000; and (3) workers' compensation insurance with a minimum limit of$1,000,000 or the amount
required by law, whichever is greater. City, its officers, employees, attorneys, and designated volunteers
shall be named as additional insureds on the policy(ies) as to commercial general liability bodily injury
and property damage coverages and automobile coverages with respect to liabilities arising out of
Vendor's work under this Agreement.
6.2 Each insurance policy required by this Section 6 shall be endorsed as follows:
1 the insurer waives the right of subrogation against City and its officers, employees, agents and
representatives; (2) the policies are primary and non-contributing with any insurance that may be carried
by CITY; and (3)the policies may not be canceled or materially changed except after thirty(30)days prior
written notice by insurer to City, except that the policies may be canceled for non-payment if the insurer
provided ten (10)days prior written notice to City.
6.3 All insurance coverages shall be confirmed by execution of endorsements on
forms approved by City. Vendor is required to file the completed policy endeorsements with City on or
before the Effective Date of this Agreement, and to thereafter maintain current endorsements on file with
City. The completed endorsements are subject to the approval of City. If for any reason it shall not be
possible to obtain endorsements on City's forms, the underlying insurance policies are nonetheless
required to include the terms and conditions set forth on City's forms unless otherwise agreed by the City
Manager.
7. Notices. Any notices, bills, invoices, or reports authorized or required by the Agreement
or this Addendum shall be in writing and shall be deemed received on (a) the day of delivery if delivered
by hand or overnight courier service during Vendor's and City's regular business hours or by facsimile
before or during Vendor's regular business hours; or(b) on the third business day following deposit in the
United States mail, postage prepaid, to the addresses set forth below (or to such other addresses as the
parties may, from time to time, designate in writing pursuant to the provisions of this section).
•
If to City: City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
If to Vendor: Expanets of California, Inc.
425 W. Broadway Suite 100
Glendale, CA 91204
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
EXPANETS OF CALIFORNIA, INC. ENDOR")
f. 41 1
Signed =1': -�
Print Name:S /1/1(ler
,o f`
Title: 7)(4.11)
CITY OF RANCHO PALOS VERDES ("CITY")
nli
By: .5f1 . '.1/—,,rl
J• . McTaggart, a,w
A EST BY:
/, / /#1
By.-10
Jo P cell, City Cler
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(.2 • . ,
ExpJnets System Line Item List
for
Rancho Palos Verdes
Schedule.4-Cisco A VVID Solution
Clarification Requested by the City Regarding the RFP Reply
Unit Sales Discount Unit List
LINE# PART# s TY DESCRIPTION SiIbtal Price from List Price
1 Note 1 CALL Manager 3.1(Software)
2 SW-CCM-3.0-COMPAQ 2 Call Manager Software 3.1 7,899.66 3,949.83 34% 5,995.00
3 Cisco IP Phone 7940.Business Set(Standard Phones)
4 CP-7940G-CH1 80 Cisco IP Phone 7940,Manager Set(w/User License&CatS Cable) 28,726.03 359.08 34% 545.00
5 CP-PWR-CUBE= 80 IP Phone power transformer for 7900 series phones 2,371.87 29.65 34% 45.00
6 Cisco IP Phone 7960.Business Set(Main Console)
7 CP-7960G-CHI 1 Cisco IP Phone 7960,Manager Set(w/User License&Cat5 Cable)
8 CP-79600-CH1 1 Cisco IP Phone 7960(Skinny/SIP Protocol Version) . 424.96 424.96 34% 645.00
9 CP-7914= 2 7914 IP Phone Expansion Module for 7960 520.49 260.25 34% 395.00
10 CP-SINGLFOOTSTAND= 2 Footstand kit for single 7914 43.48 21.74 34% 33.00
11 CP-PWR-CUBE= 2 IP Phone power transformer for 7900 series phones 59.30 29.65 34°%o 45.00
12 CP-PWR-CORD-NA= 2 7900 Series Transformer Power Cord,North America 13.18 6.59 34% 10.00
13 Cisco IP Phone 7960.Business Set(Department Consoles)
14 CP-7960G-CH l 10 Cisco IP Phone 7960,Manager Set(w/User License&CatS Cable)
15 CP-7960G-CH1 10 Cisco IP Phone 7960(Skinny/SIP Protocol Version) 4,249.61 424.96 34% 645.00
16 CP-7914= 19 7914 IP Phone Expansion Module for 7940 4,944.70 260.25 34% 395.00
17 CP-SINGLFOOTSTANI3= 19 Footstand kit for single 7914 413.10 21.74 34% 33.00
18 CP-PWR CUBE= 10 IP Phone power transformer for 7900 series phones 296.48 29.65 34% 45.00
19 CP-PWR-CORD-NA= 10 7900 Series Transformer Power Cord,North America 65.89 6.39 34% 10.00
20 WEB Attendant(WEB Consoles)
21 CP-WEBATTEND 11 Cisco Web Attendant Consoles
22 IP Soft Phone
23 SW-IPSOFTPHONE1 10 Cisco IP Soft Phone V1.1 988 28 98 Ila 34% 150.00
24 Voice Gateways
25 CAG-VG200 2 Cisco VoIP Voice Gateway for use with IP Telephony Solution 1,311.12 655.56 34% 995.00
26 SVGVG2-12105XM 1 Cisco VG200 Series I05 MGCP/H323 VOIP GATEWAY
27 NM-2V 1 Two-Slot Voice/fax Network Module 1,120(15 1,110 05 14% 1,700.00
28 NM-HDV-1T1-24 1 1 Port T1 24 Channel Voice/Fax Network M'idule 1,1 1(1/if 1,1 so 1K t,l'kt, 0,100.00
29 VIC-2FXS-M 1 2 Two-port Voice Interface Card-FXSw/Reversal(lot US I)t 1•A.y I 52/.08 203.54 34% 400.00
30 CAB-AC 2 Power Cord,110V
31 Voice Messaging
32 UNITYV200-12-3.1 1 Unity Voice Messaging(200 Users 12 Ports) 10,541.66 10,541.60 14"/o 16,000.00
33, Cisco Unity Voicemail/Unified Messaena Servers by...Comm)
34 201501-002 1 PROLIANT DL320 RACK P3-800 256K 128MB M01)l0.10(ill A I'A,('I)'1)I SKF'TF 1,976.56 1,976.56 34% 3,000.00
35 128277-B21 1 128MB PC133MHz Registered ECC SDRAM DIM 11(1 04 I/0 04 11 '.'i')(10
36 128278-B21 1 256MB PC133MHz Registered ECC SDRAM DIM 3 7o 140 Uri lilt 14"u S 11.(1(1
37 Cisco Call Manager Servers by Compaq
38 201501-002 2 PROLIANT DL320 RACK P3-800 256K 128M11 Mt)1 I1 I I it/ ' ;f, ,. oil wit<t 11 l• 3,953.12 1,976 50 t•("6 1,(1(41(1(1
39 128277-B21 2 128MB PC133MHz Registered ECC SDRAM 1)1MM 34 I.29 I/4)(14 14"t, 15V(10
40 128278-B21 2 256MB PC 133MHz Registered ECC SDRAM[)IMM 753.23 110 K0 14"4. 1 r1..00
41 295513-B22 1 Internal 12/24GB DDS3 Drive 740.55 740.55 34% 1,1 24.00
42 Miscellaneous
43 ' 96 SMARTnet Maintenance 8x5xNBD
44 CON-SNT-PKG4 2 Packaged SMARTnet 8x5xNBD--Category 4(VG200'MI
45 Note 1 SMARTnet Maintenance 24x7x365
46 SASU-CCM-3.0 1 Software Application Plus Upgrades for Call Manager 3.0(CTM Upgrades)
47 CON-SAU-PKG15 1 Packaged Software Application Support Plus Upgrades(Unity Upgrades)
48 Exp-PKG1-Included 91 Packaged Advanced Replacement--Category 1(Phones)
49
Equipment Total 76,981.00
Sales Tax 0%
Warranty Services 16,917.00
Labor Services Total 17,520.00
Total Investment 111,418.00
One Time Discount (13,885.00)
Total Investment 97,53100
This price includes material,installation labor,0%sales tax,and a ninety day parts and labor warranty 111110101 alt t's4n(lrit!ti seat attly Is Included above.
This quote is valid until August 19,2002
Estimated Sales Tax(Approximate S5000)
One Time Expanets/Cisco Disco t Included
% a
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Rancho Palos Vcrdcs R3.xls Exp@anets,1'rnpnclaiy(x(,unual',,
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♦
System Line Item List
for
Rancho Palos Verdes
Schedule A-Cisco A VVID Solution
Clarification Requested by the City Regarding the RFP Reply
CITY OF ' • i p HO 'AL!- VERDES
r
By: Cr, 1/141111k;411
,7••'� . McTaggart, fyo V W
• rust 7,2002
A
•
1 /
By. __P
Jo Pu ell,City Clerk
Augu• 7,2002
EXPANETS:
I
Byer >.
Darlene Burton,Account Executive
• •
•
Exp nets
Experienced At
Networked Solutions
Clarification Requested by the City Regarding the RFP Reply
Expanets
Statement of Work
(Schedule C)
for:
City of Rancho Palos Verdes
(Revised 6110102)
March 15, 2002
Expanets Statement of Work
City of Rancho Palos Verdes
Request for Proposal
•
86876/0001/700897.1
t
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. 0 •
Expnets
Experienced at Networked Solutions
•erviewIProect Scope
Expanets proposesto support the deployment of City of Rancho Palos Verde's AWID Solution Expanets supported data/voice
pp
equipment for the following location:
• City Hall
This will be a drop-in and cutover deployment based on mutually acceptable time line to begin at soonest 4-6wks after final
approval of credit and signed contracts.
Expanets will perform the following installation services for the products detailed in your RFP.
Work to be performed:
Installation and Training
< Professional on-site,turnkey installation with Project Management
< Complete end-user on-site training
< Full documentation on CD-ROM
90 days of complete warranty coverage for all components of shipment date from the manufacturer.
Requirements
0 All work shall bep erformed in accordance with the document comprising Schedule C as defined in the Terms and Conditions.
Call Manager Scope of Work
• Network assessment is not need due to a separate data and voice network.
• Staging of data/voice equipment at Expanets facilities
• Integration configuration of network devices as defined in Schedule A.
• On-site installation, integration, and testing provided as a combination of enhanced services
• performed by System Engineers and Field Technicians and/or Remote Technicians from Expanets' Kent office.
• On-site services to be performed during normal business hours(8 A.M. to 5 P.M. Local Time), Monday—Friday, unless
discussed prior and agreed upon times. Expanets cutover will start on a Friday and be completed prior to start of business
on Monday at no additional cost.
• Assignment of a Project Manager for overall responsibility of managing data/voice implementations as outlined in Project
Management.
CITY OF RANCHO PALOS VERDES ("CITY")
By: ;l�riel/04►�-
y � � Apr
John ' cTaggart, May•r
• Exp@nets Confidential and Proprietary
Page 2
R6876/0001/700897.1
1 t
Expnets
Experienced at Networked Solutions
■ EST BY:
B . �- — —
Jo P cell, City Clerk
EXPANETS OF CKLIFORNIA,INC.("EXP NETS")
i
44.
CL
Signed Bit: tit/n
Print Name: 5i4Imo . e
GO r\
Title: 13 Gt
•
Exp@nets Confidential and Proprietary
Page 2
R6876/0001/700897.1
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 1 of 12
PURPOSE OF THIS DOCUMENT
This document establishes the instructions and requirements pursuant to a Request for
Proposal ("RFP")for the acquisition of a turnkey IP based phone system to replace the
existing Avaya (Lucent) System 25 PBX telephone system in use at the City Hall
complex of the City of Rancho Palos Verdes (the"City"). The City has selected certain
interested Vendors (hereafter referred to as "Vendors")that submitted information
pursuant to the Request For Qualifications (RFQ) issued by the City in early 2002, to
participate in the RFP process, including the submission of a proposal in accordance
with the RFP (the "Proposal"). This RFP document includes:
I Request for Proposal for VOIP Telephone System - General Instructions and
Requirements
I Request for Proposal for VOIP Telephone System—Technical Requirements
I Request for Proposal for VOIP Telephone System— User Requirements
The Request for Proposal for VOIP Telephone System—Technical Requirements will be
provided to Vendors in Word for completion and submission. The Request for Proposal
for VOIP Telephone System—User Requirements will be provided to Vendors in Excel
for completion and submission.
PROPOSAL DUE DATE
Vendor must provide responses to this RFP in electronic format, Adobe PDF version 5.x
file, emailed to RFP@RPV.com. Responses must be received by midnight May 19,
2002. No hard copy should be submitted.
PURCHASOR INFORMATION
The City of Rancho Palos Verdes will purchase a Voice Over IP telephony system,
including voice messaging (the "System") for its City Hall facility as follows. The City
Hall facility is located at:
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes CA 90275
Phone: (310) 377-0360
Any questions regarding this RFP should be sent to: Attn: Request for Proposal for
VOIP Telephone System, Ted Vegvari, at the address above or via email to
RFP@RPV.com.
•
•
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 2 of 12
•
DEADLINES FOR INSTALLATION AND IMPLEMENTATION OF SYSTEM
❖ The System is expected to be purchased by the City during the beginning of
June 2002.
❖ The System must be installed, configured, and have completed a 2 week
debugging period no later than June 30, 2002.
NORMAL INTERVAL IS 30 TO 45 DAYS FROM CONTRACT SIGNING.
❖ The actual switchover to the new System must occur on a weekend to avoid
interruption with the operation of the City. About fifty percent of City staff
normally has every other Friday off, therefore, much of the final preparation prior
to actual switchover may occur on the Friday immediately preceding the actual
switchover event.
COMPLY IF NECESSARY. CAN RUN SIDE BY SIDE WITH CURRENT
TELEPHONE SYSTEM.
CONFIGURATION AND INSTALLATION DETAILS
Y
Facilities Description
The City Hall complex includes a minimum of two(2) separate buildings, which house
the following departments
❖ City Administration (located in main building)
❖ Finance Department(located in main building)
❖ Public Works (located in main building)
+ Parks and Recreation (located in main building)
+ Planning (located in Planning Dept. building)
•3 Building and Code Enforcement (located in Planning Dept. building)
+ IT department (located in main building)
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 3 of 12
•
DESCRIPTION OF PHYSICAL CONNECTION TO City HALL PRIMARY NETWORK
The details regarding the physical connection to the City Hall network are confidential.
A copy of the description will be made available to qualified Vendors participating in the
RFP process upon request. In light of its confidential nature, the City reserves the right
to not share the description of the physical connection to the City Hall network to
anyone, at its sole discretion.
TECHNICAL REQUIREMENTS
Main System
The City desires to purchase a VOIP system that will comply with industry open
standards if and when such standards (e.g. the pending adoption of the Session
Initiation Protocol) are deemed generally accepted by the telecommunication industry.
In the event the seller of the System develops upgrades in conformance with such
standards, any upgrades developed by the seller shall be provided to the City at no
additional cost. COMPLY WITH MAINTENANCE CONTRACT
The City recognizes that interoperability and compatibility between IP based phones
systems will allow freedom of choice of handsets and other hardware and software from
many different manufacturers. If a firmware and/or software upgrade becomes available
which is required to accomplish implementing or upgrading to this compatibility or
standard in the future when industry standards are adopted which facilitate or enable
this goal, then that firmware and or software upgrade must be provided at no additional
cost to the City. COMPLY WITH MAINTENANCE CONTRACT
Minimum System Requirements
❑ One hundred twenty-five (125) station ports sufficient to connect eighteen (18)
POTS with XX DID lines will be connected to the system;
WE PRICED WITH A PRI T1 /WITH 100 DIDS PER YOUR REQUEST
o Eight(8) digital to analog adaptors to support analog Fax station ports and
analog 56k modems;
COMPLY
o One main reception console with not less than 75 buttons enabling multiple line
viewing, on-hold, and other standard console features;
COMPLY
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 4 of 12
❑ Ten(10)departmental consoles with standard console features such as on-hold and at
least 24 buttons enabling multiple line viewing; COMPLY
❑ Eighty(80) station handsets with standard console features such as on-hold and
at least 10 buttons enabling multiple line viewing; COMPLY
❑ At least(10) Softphone licenses with a pricing option for additional licenses
based upon increments of five, but not to exceed 75 licenses; COMPLY
❑ IP based Windows 2000 compatible management interface from any point on IP
based 10/100 Mb switched network; COMPLY
❑ Rack mount case and wall mounted rack with mounting hardware; with sufficient
cooling to survive permanent location in Telco Room; CURRENT FACILITIES IN,
DATA CENTER ARE SUFFICIENT. ONLY VOICE GATEWAY WILL RESIDE
IN TELCO ROOM
❑ Support 100Mb Full Duplex Ethernet network communications speed; COMPLY
❑ Be remotely manageable locally and via the Web through a firewall; COMPLY
❑
System must be fullyoperational and functional locallyand on the Web through a
y p g
SonicWall Pro VX Firewall; COMPLY
❑ Voice mail system must have minimum of 200 voice mailboxes including guest
mailbox capability; COMPLY
❑ Voice mailbox size (hard drive data storage and space utilization) must not be
restricted by licensing or additional fees; COMPLY
❑ Vendor must provide all necessary phone-to-network cables, with the exception
of those network cables which must be run through walls and or ceilings, and
which are necessary to connect IP phones to the local network backbone
between office walls and the primary network server; COMPLY
❑ Vendor must provide 1 UPS for main system capable of operating the main
system for four (4) hours independent of all other power sources and provide
continued telephone connectivity through the Verizon telephone system;
COMPLY QUOTE ATTACHED. YOUR GENERATOR COULD ALSO BE USED
TO PROVIDE THIS.
o Support message forwarding via SMTP Mail Server, compatible with Act for
Windows enabling automatic dialing from within Act and email notification to
Eudora using MAPI. COMPLY
❑ System must be compatible with/or work with Wireless Ethernet network
switches and point-to-point wireless receivers/transceivers with or without line of
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 5 of 12
sight for distances up to 8 miles and with no more than 10% degradation in
bandwidth due to weather conditions. COMPLY
❑ Automatic voice mail notification; COMPLY
o Extension name directory; COMPLY
❑ Calling groups and hunt groups; COMPLY
o Music on hold; COMPLY
o Speakerphone paging; COMPLY
❑ Computer Telephony Integration including MAPI for both inbound and outbound
calls; COMPLY
o Least Cost Routing (LCR); COMPLY
o Time-dependent routing; COMPLY
❑ Multi-station line appearances; COMPLY
❑ Bridged line appearances; COMPLY
❑ Automatic Voice mail notification to cellular phone and for pager; COMPLY
o Web based management; COMPLY
a Phone mobility without reprogramming hand sets or main system; COMPLY
o Do not disturb option; COMPLY
a {phantom voice mail and information boxes; COMPLY
a Flash hook call transfer; COMPLY
❑ Account codes and accounting reports; COMPLY
❑ Classes of service for call restriction management; COMPLY
a DID on Digital T1 and existing POTS lines at City Hall; COMPLY
❑ T1 support—Channelized and PRI; COMPLY
❑ Call pick up groups —allowing pick up of calls from another persons extension;
COMPLY
a Analog device support—fax and modem ; COMPLY
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 6 of 12
❑ User programmable buttons mappings, call forwarding, off-site notification,
distinctive ring tones, speed dials, call pick-up membership, hunt group log-
in/log-out and voice mail options; COMPLY
❑ Software for printing labels for phones to identify button function; COMPLY
o On-line system management and support data and user guides; COMPLY
o Remote soft phone and handset capability; COMPLY
o Win2K compatible IP phone software with USB connected handsets and
headsets; COMPLY
❑ PC based dialing software; COMPLY
o Must support industry standards regarding telephone and video teleconferencing,
group telephone and video conferencing, and point-to-point telephone and video
conferencing where applicable; COMPLY
o The System must support DHCP; COMPLY
❑ Vendor must identify parts that most frequently fail in the proposed system and
list the cost for the City to acquire and stock one (1) of each of those replacement
parts to be used in case of such failure; HANDSET CORDS $15
•
o The IP switch must be capable of supporting T1 digital connections; COMPLY
Vendor QUALIFICATION REQUIREMENTS
City has received Vendor's Request For Qualification (RFQ) submission. Accordingly,
City requests that Vendor update the Qualification information provided with the RFQ
submission, or at a minimum, affirm the validity and accuracy of it with the submission
of its Proposal.
The Vendor must meet the following minimum requirements:
1) Annual Revenue: no less than $1,000,000; COMPLY
2) Must have been in business at least 3 years; COMPLY
3) Must have successfully installed a minimum of 25 IP based phone
systems; COMPLY
4) Must be an authorized reseller of all products outlined with in this
RFP; COMPLY
5) Must be able to provide this "turn key" system, training, and support
using in house staff, without the need to obtain 3rd party Vendors.
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 7 of 12
Additional support provided directly from the Manufacturer of
products included in the RFP is acceptable; COMPLY
6) Must provide guarantee that the proposed System will meet Quality
of Standard levels satisfactory to the City; COMPLY. WOULD
LIKE TO KNOW WHAT THE CITY EXPECTATIONS ARE.
DEMONSTRATIONS
Vendors will be required to present a complete on-site demonstration of the proposed
System. The set-up for the on-site demonstration will be similar to the demonstration
Day conducted at City Hall on March 11, 2002. Vendors shall contact Travis
Chamberlain, Palos Verdes on the Net, to schedule the demonstration. The City has
set aside May 13th and 14th from 1:30 PM to 5:00 PM for demonstrations.
TRAINING
The selected Vendor must provide training over the course of 4 days, with 2 sessions
per day to accommodate staff scheduling constraints. Billing for training must be
provided at Flat Fee rate by day and not by session or seats. Training will be performed
in the City Hall Community Room. Staff expects to bring their own phones to the training
session.
Three types of training must be provided:
1) User training —over the course of four(4) days with two (2) sessions
per day with 3-10 staff persons in attendance.
2) Administrators training—repeated lx over the course of three(3)
days with one (1) session per day with 2-5 administrators in
attendance.
3) Technician training— must occur over the course of two (2) days,
with 2-3 technicians in attendance.
COMPLY WITH ALL OF ABOVE
SUPPORT
Onsite, telephone, voice messaging and remote management support must be available
24x7. Emergency replacement parts must be immediately provided via same day
delivery. Onsite emergency repair and replacement service and support by be as
follows:
Level 1 Technical Problem:
Described as a system failure resulting in no phone connection between the main City
Hall incoming phone number and the outside—4 hours response time, immediate
phone support with priority escalation and no wait in queue.
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System - General Instructions and
Requirements
Page 8 of 12
Level 2 Emergency:
Described as any problem less than a Level 1 problem—8 hours response time,
immediate phone support with wait in queue no longer than 15 minutes
COMPLY WITH ALL OF ABOVE
DRAFT AGREEMENT
Vendor shall furnish draft sales and support agreements with the Proposal. The draft
Agreement must include the following provisions:
Indemnification and Insurance.
a. Vendor will defend, indemnify and hold harmless City, its Boards
and its officers, employees and agents (collectively"City"), against any
claim, loss or liability that arises because of the sole or primary negligence
or willful misconduct of Vendor, its agents, officers, directors or
employees, in performing any of the services under this Agreement.
COMPLY
b. (1.) General Liability Insurance. Vendor shall at all times during the
• term of the Agreement carry, maintain, and keep in full force and effect, a
policy or policies of Comprehensive General Liability Insurance, with
minimum limits of One Million ($1,000,000.00) Dollars for each occurrence
and in the aggregate, combined single limit, against any personal injury,
death, loss or damage resulting from the wrongful or negligent acts by
Vendor. Said policy or policies shall be issued by an insurer admitted to
do business in the state of California and rated in Best's Insurance Guide
with a rating of A or better. COMPLY
b. (2.) Worker's Compensation Insurance. Vendor agrees to maintain in
force at all times during the performance of work under this Agreement
worker's compensation insurance as required by the law. Said policy or
policies shall be issued by an insurer admitted to do business in the state
,of California and rated in Best's Insurance Guide with a rating of A or
better. Vendor shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
COMPLY
b. (3.) Notice of Cancellation of Insurance. All insurance policies shall
provide that the insurance coverage shall not be canceled by the
insurance carrier without thirty (30) days prior written notice to City.
Vendor agrees that it will not cancel or.reduce said insurance coverage.
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 9 of 12
Vendor agrees that if it does not keep the aforesaid insurance in full force
effect, Citymayeither immediately terminate this Agreement or, if
and
insurance is available at a reasonable cost, City may take out the
necessary insurance and pay, at Vendor's expense, the premium thereon.
COMPLY
b. (4.) Certificate of Insurance. At all times during the term of this
Agreement, Vendor shall maintain on file with the City Clerk a certificates
of insurance showing that the aforesaid policies are in effect in the
required amounts. The policies shall contain endorsements naming the
City, its officers, agents and employees as additional insured.
COMPLY
b. (5.) Primary Coverage. The insurance provided by Vendor shall be
rima to anycoverage available to City. The insurance policies (other
primary g
than workers' compensation) shall include provisions for waiver of
subrogation. COMPLY
Fair Employment Practices/Equal QpportunitV Acts
In thep erformance of this Agreement,Vendor shall comply with all
applicableprovisions of the California Fair Employment Practices Act
pp(California -48 and the applicable
(California Government Code Sections 12940-48) pp
equal employment provisions of the Civil Rights Act of 1964,(42 U.S.C.200e-217), and the Americans with Disabilities Act of 1992 (42 U.S.C. §
11200, et seq.). COMPLY
Discrimination and Affirmative Action
Vendor shall not discriminate in the employment of persons engaged in
thep erformance of this Agreement on account of race, color, national
origin, ancestry,
ri in religion, sex, marital status, physical handicap, or medical
g
condition, in violation of any federal or state law. COMPLY
Terms of Compensation
Vendor will submit invoices monthly for the percentage of work completed in the
pre agrees month. City to pay all undisputed invoice amounts within thirty
notify
days of receipt of the invoice. City agrees to use its best efforts to
(30) p es
Vendor of anydisputed invoice amounts or claimed completion percentages
p failure to
within ten (10) days of the receipt of each invoice. However, City's
ti Vendor of a disputed amount of claimed completion percentage shall
timely notify p
not be deemed a waiver of City's right to challenge such amount or percentage.
•
of Rancho Palos Verdes
city
Request for Proposal for VOIP Telephone System -General Instructions and
Requirements
Page 10 of 12
City Additionally,
in the event fails to pay any undisputed amounts due Vendor
withinY (45)fort -fivedays after invoices are received by City then City agrees that
Vendor shall have the right to consider said default a total breach of this
Agreement
and be terminated by Vendor without liability to Vendor upon ten (10)
working days advance written notice.
Independent Contractor
is and shall at all times remain, as to the City, a wholly independent
Contractor. Neither the City nor any of its agents shall have control over,the
conduct
of Vendor or anyof the Vendor's employees, except as herein set forth.
Vendor expressly warrants not to, at any time or in any manner, represent that it,
p y
or any agents,its a ents, servants or employees, are in any manner agents, servants
or employeesbeing
of City, it distinctly understood that Vendor is, and shall at all
times remain to City, a wholly independent contractor and Vendor's obligations to
City aresolely
such as are prescribed by this Agreement. COMPLY
Assignment
This Agreement shall not be assignable by either party without the prior written
consent of the other party. COMPLY
• 4
• Vendor mayuse the services of persons and entities
Notwithstanding the above,
not in Vendor's direct employ, when it is appropriate and customary to do so.
Suchp ersons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. Vendor's use of subcontractors
for the Cityshall not unreasonably restrict additional services provided Vendor
notifies the City in advance. COMPLY
TRADE-IN AND REMOVAL OF EXISTING SYSTEM
Your Proposal should include a trade-in allowance for existing Avaya System 25 PBX
system that will be replaced. The Avaya System 25 PBX system is available for
by pp
appointment with the City. The successful Vendor will be required to
inspection
arrange
for the orderlyremoval and disposal of the System, regardless of the amount of
trade-in allowance. WILL COMPLY SEPARATE FROM PROPOSAL BY SELLING
ON THE SECONDARY MARKET.
Rancho Palos Verdes
City of sand
Request for Proposal for VOIP Telephone System -General Instruction
Requirements
Page 11of12 •
COST OF PREPARATION OF BID
The City will not pay any costs of the Vendor's Proposal, including the costs of printing,
demonstrations
• , negotiations, travel, lodging lod in or other related expenses. All costs for the
• including, but not limited to those described above, shall be
preparation of the Proposal,
the responsibility of the Vendor.
NOTIFICATION OF WITHDRAWAL OF BID
modified or withdrawn by written notice by an authorized ri
Proposals may be time
the Vendor delivered to the City prior to the final due date and
representative of
specified for Proposal submission.
RIGHT TO REJECT
The City reserves the right to rejecteand all Proposals or any part of any Proposal,
any
or technicalities, or to solicit new bids on the same project or on
to waive minor defects .
• mayinclude portions of the originally proposed project as the
a modified project which
Citybest interest. Anysignificant revisions to the RFP shall be
may deem in its
provided to The City willobligated not be obli ated to award the purchase of the System solely on
the basis of any response made to this RFP.
EXCEPTIONS TO THE RFP
the RFP must be followed and all requested format of information must beertainin to
submitted as
indicated. The City is receptive to any additional suggestions p g
• and software selections included within the System as well as
equipment, installation .
methods of obtainingthe requirements as described in the RFP. Any
any alternative
exceptions to the RFP terms and conditions must be included in writing in the Proposal
INTERPRETATIONS AND ADDENDUM
interpretation made
No toVendor as to the meaning of the RFP shall be binding on
any
the City unless repeated in writingand distributed as an addendum by the City.
p
Interpretations and/or clarification shall be requested in writing from the City.
•
s
r 11
•
Prepared and submitted by:
May 17,2002 ._ •
v.: g---b, -
Reviewed and accepted by:.'t 4.
May 30,2002
CITY OF • , ► « 0 p.. • RDES
r
o / 444,1,-.411
Joh- 1. McTaggart, M. or POO
A.• 7,2002
Atte ill 1 .
ii " ' T / rBy. *•
A_ 1. �.
Jo Pur,ell,City_Clerk
Augu 7,2002
EXPANETS: fi At
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•
Darlene Burton,Account Executive
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System—Technical Requirements
Page 1 of 19
Note: This document is provided in MS Word format. Please edit the file directly and add
responses and information directly after each item. Where applicable, please state YES
or NO, and compliance as COMPLY or NOT COMPLY.
1. Technical Requirements
System Architecture
The proposed communications system must be an IP based digital switching
F
system capable of integrated voice and data communications. It must have
stored program control, self-diagnostic routines and modular design. It must be.
registered for compliance with FCC Part 68 Rules for Registration and must be in
compliance with Part 15, Subpart J of the FCC rules relating to electromagnetic
interference (EMI).
The system cabinet must be"Universal"and support any type of port circuit packs.
COMPLY.WE CALL THEM GATEWAYS NOT CIRCUIT PACKS.
State the maximum number of ports on each of the following types of circuit packs.
No maximum in a distributed environment
Redundancy of the switching bus must be available.
COMPLY Redundancy included in quote.
What is the standard blocking ratio of the proposed system?
NOT A PROBLEM IN THIS SOLUTION
Can the system be configured for non-blocking operation?
NOT A PROBLEM IN THIS SOLUTION
What is the maximum number of ports per node/module that can be supported in
a non-blocking configuration?
NOT A PROBLEM IN THIS SOLUTION
What is the maximum number of ports per system that can be supported in a
non-blocking configuration?
NOT A PROBLEM IN THIS SOLUTION
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System —Technical Requirements
Page 2 of 19
Can the system grow and be expanded and are these processes additions are
disruptive to the ongoing system operation?
COMPLY The Cisco Call Manager is built upon a distributed architecture so
additions are not disruptive to ongoing operation. Another benefit of this
distributed architecture is improved system availability and scalability.
Does the system support remote modules? If yes, please list.
COMPLY SUPPORTS MOST CISCO VOICE GATEWAYS AND MOST X
IP ENABLED SOFTWARE CAN BE USED.
The system must include "native" a backup/restore function.
COMPLY "Native" backups can be performed with NT Backup utility in Windows 2000
with customized Expanets batch scripts.
2. System and Traffic Capacities
State the maximum number of trunks and stations that the system will support
without requiring main processor upgrade or change out.
1000 (500 IN SYSTEM AND 500 FOR REDUNDANCY) THIS IS OUR
RECOMMENDATION BUT SYSTEM WILL SUPPORT MORE USERS.
3. System Redundancy and Reliability
When the main processor is duplicated, each one must be capable of individually
handling the total system traffic load without degradation in service.
When the main processor is duplicated, it must operate in a hot standby
mode. Alt memory and databases must be resident in both units.
When the main processor is duplicated,the system must be able to switch
from one to the other on a scheduled or emergency basis without
adversely affecting any switch operations, including established calls. The
switchover must be automatic, without human intervention, and without
the need to reload memory. Describe.
In this solution the Call Manager servers will be clustered and managed as a single
Entity and will provide full redundancy without purchasing additional equipment.
. '
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System—Technical Requirements
Page 3 of 19
Is there a single point of failure in the proposed system? If yes, describe.
NONE
Does duplication eliminate this single point of failure in the system? If yes,
describe.
Yes Duplication included in proposed system.
If a node/module fails, what is the impact on the system?
NONE
How many users would be affected?
NONE
State the maximum number of ports (lines and/or trunks) impacted if a circuit
card, other than a port card, fails.
NONE
4. System Power
State the power requirements for the proposed system.
600 W
The systems must be equipped with a minimum of 3 hours battery backup for the
main memory and central processor in the event of power loss. This capability
must facilitate rapid resumption of operation following a power failure, eliminating
the need to reload memory from the storage medium. Describe.
*Do not include the price of standby power in the cost of the proposed
configuration. Provide the price as an option.
COMPLY
5. Equipment Room and Environmental Requirements
Specify the grounding requirements for the system and other ancillary
equipment.
Standard ground 2A(110 VAC)
Cityof Rancho Palos Verdes
Request for Proposal for VOIP Telephone System—Technical Requirements
Page 4 of 19
Specify the recommended temperature and humidity ranges for system
operation, both long term and short term.
50 to 95 degrees Fahrenheit/ 10 to 35 degrees Celsius
10 to 90 percent(non-condensing)
Specify the heat dissipation of the proposed system in BTUs per hour.
682/BTUs/hour for the rated input power of 200W
Provide a proposed wall rack mounted plan showing the equipment layout,
including physical dimensions,floor space if necessary, electrical requirements,
3RU high space needed for servers. Your existing Data center rack has necessary
space. Voice gateway will be racked in MPOE (Telco room) with a Chatsworth wall
mount rack.
Main Distribution Frame locations; and the placement, dimensions, and
configuration of all system components.
3RU high space needed for services. Your existing data center rack has necessary
space. Voice gateway will be racked in MPOE (Telco room) with a Chatsworth wall
mount rack.
6. Call Coverage &Telecommuting
The system must include a call coverage feature that allows calls to be redirected to a
coverage path consisting of up to six answering positions accessed in sequence if
coverage criteria are met. Describe.
COMPLY Each user can customize their own call coverage sequence and the
configuration is done from a web user tool.
Call Coverage must be assignable by time of day and day of week. Describe.
COMPLY System and user greetings and sequence are created by you. They are
Selectable based on time and date.
Redirection criteria must include the following:
• Active/Busy
• No Answer
• All Calls
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System —Technical Requirements
Page 5 of 19
• Time of Day
• Day of Week
and must be programmable by the system administrator. The no answer period
before redirecting the call from the called party to the first coverage point must be
able to be different from the no answer period between coverage points. How
many rings can both of the no answer periods be?
COMPLY You designate number of rings.
Redirection criteria must be assignable separately for internal and external calls.
COMPLY
The system must support overriding criteria which are checked before the redirection
criteria,and the call redirected accordingly.The following capabilities must exist
• An internal caller must be able to send the call directly to coverage without
ringing the called party's phone. •
• The called party must be able to temporarily direct incoming calls to coverage
regardless of the assigned redirection criteria.
• The called party must be able to forward his/her calls tq another extension
and have calls complete to this extension before redirecting to coverage.
COMPLY WITH ALL
The system must provide the following options to the covering user:
• For display-equipped sets, the incoming call must be identified to the
covering user as a call coverage call, and the principal must be identified on
the display. _
• The covering user must be able to call the covered principal for a consultation,
then conference or transfer the calling party.
• The covering user must be able to leave a message for the principal to call
an internal caller back simply by pressing a designated button.
COMPLY WITH ALL
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System—Technical Requirements
Page 6 of 19
The Call Coverage feature must allow any of the coverage answering positions in
the coverage path to be on a different system.
COMPLY USING TRUNK TO TRUNK CONFERENCING
Is the Call Coverage feature to an off-network coverage answering position
monitored?
YES
Telecommute: Does the switch maintain control of the call until it is answered or
receives a busy and is returned to the switch for possible further routing?
YES
Telecommute: Can the user change primary and secondary coverage paths
locally?
YES
Telecommute: Can the user change primary and secondary coverage paths
remotely?
YES
7. Integrated Directory
The system must include an integrated directory feature which allows internal
system users with display equipped sets to access the system database, use the
touch-tone pad to key in a name, and retrieve an extension number.
COMPLY Open standards based LDAP Directory Services
Once a name and number is displayed, the user must be able to place a call to
that person by pressing one button.
COMPLY
8. ISDN-BRI
The system must support the ITU-T (CCITT) defined Integrated Services Digital
Network (ISDN) Basic Rate Interface (BRI). ISDN-BRI must support two 64 Kbps
Bearer (B) channels and one 16 Kbps signaling (D) channel, 2B+D. Provide an
overview of your implementation of BRI.
City of Rancho Palos Verdes
Request for Proposal for VO1P Telephone System—Technical Requirements
Page 7 of 19
COMPLY Cisco voice gateways comply with ITU-T specifications for
interconnection between telephone company equipment and customer provided
equipment.
The system must support Attendant Partitions. How many attendant partitions
are supported?
COMPLY NO SOFTWARE LIMITATIONS
The
system must support Network Route Selection for use with the public and
Y
private networks with Tenant Partitioning.
COMPLY
North American Dial Plan
The system must support the new North American Dial Plan at cutover.
COMPLY
9. Call Routing
The system must provide software to route long distance calls over the appropriate,
usually least costly, trunk group via public or private networks.
COMPLY
•
The system must be able to screen up to 28 digits in order to determine how the
call is routed.
COMPLY
The system should route a call to a Routing Pattern consisting of trunk groups
accessed in a pre-determined order. How many Routing Patterns are supported
by the system, and what is the maximum number of trunk groups that can be
accessed from a routing pattern?
COMPLY There are no software limitations.
The system must support Time-of-Day(TOD)routing,which allows the routing
patterns accessed to be changed based on the time of day. How many TOD tables
are supported?
COMPLY There are no software limitations.
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System—Technical Requirements
Page 8 of 19
The system must be able to automatically change the routing plan based on the
time-of-day. How many times can this occur per day?
COMPLY There are no software limitations.
The system administrator must have the capability to establish an override
schedule to take advantage of special situations such as low holiday toll rates.
COMPLY
International call routing must be supported..
COMPLY
Certain routes for call completion must be permitted only when a valid
Authorization Code is entered by the station user.
COMPLY
10. ISDN-PRI
The system must support the ITU-T defined Integrated Services Digital Network
(ISDN) Primary Rate Interface (PRI) and the European Telecommunications
Standards Institute (ETSI) ISDN-PRI.
COMPLY The Cisco voice gateways comply with all ITU-T specifications for
interconnection between telephone company equipment and customer provided
equipment.
The ISDN-PRI interface must support the following features:
• Call-by-Call Service Selection
• Channel Negotiation
• Calling Party Number (CPN)
• Billing Number (BN)
• Non-Facility Associated Signaling (NFAS)
• D-Channel Backup
• Administration Connections with Automatic Restoration Temporary Signaling
Connections
COMPLY
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System —Technical Requirements
q p
Page 9 of 19
11. Private Networks
It must be possible to connect multiple remote sites in a private network.
COMPLY
Remote site functions and feature transparency must be supported. Indicate all
trunking requirements if applicable.
COMPLY
A four-or five-digit extension numbering plan must be supported across
multiple systems.
COMPLY
Within arivate network,consistent displays must be provided across the network(for
P
example, connected party name and number and calling party name and number).
COMPLY
12. System Features—Management
Switch Administration (Adds, Moves, and Changes)
Does the proposed system require an external database for the purpose of
administration? If yes, how is this external database kept synchronized with that
of the system itself?
NO THE DATABASE IS INTERNAL(ODBC DATABASE)
Does the actual administration of the system use a simple, English language-
based,full screen interface?
COMPLY
What method is used to secure system administrative/maintenance access?
COMPLY USERNAME/PASSWORD AND IP FILTERING (ACL)
Can administrative/maintenance capabilities be tailored for individual users? If
so, to what degree?
COMPLY but will be more class of service based in next software release
•
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System—Technical Requirements
Page 10 of 19
The system must have 's on-line data readily available for viewing by the system
administrator.
COMPLY
What is the maximum number of administrators and/or maintenance personnel
who can simultaneously access the management capabilities of the system?
NOT LIMITED BY SOFTWARE
13. Reports
The system must provide traffic and status reports.
COMPLY
If an external system is required, provide a complete list of the components and
their prices.
NOT NEEDED EXCEPT TO COST CALLS WHICH YOU SAID WAS NOT
NECESSARY
Can reports be generated on demand and on a customer-defined schedule?
COMPLY A WEB BASED REPORTING APPLICATION ISS.INCLUDED WITH
CISCO CALL MANAGER SERVICEABILITY. IT GENERATES THE
FOLLOWING REPORTS THAT PROVIDE INFORMATION REGARDING
VOICE QUALITY AND IT GENERATES REPORTS ON THE GATEWAY
PERFORMANCE
Provide samples of standard traffic and status reports available from the system.
Cityof Rancho Palos Verdes
Request for Proposal for VOIP Telephone System —Technical Requirements
Page 11 of 19
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14. Maintenance Features
The system must allow maintenance access for our enterprise's personnel.
Is this maintenance access available through the same interface and terminal
(platform) used for administrating the system, or is another terminal (platform)
required?
THE SAME INTERFACE (WEB BROWSER)
15. System Diagnostics
The system must detect, diagnose, and report potential and actual troubles and
component failures. How is alarm notification provided?
COMPLY Cisco Call Manager Serviceability provides the following services:
• Alarms Saves Cisco Call Manager services alarms and events for troubleshooting
and provides alarm message definitions.
• Trace—Saves Cisco Call Manager services trace information to various log files for
troubleshooting. Administrators can configure, collect, and analyze trace
information.
Cityof Rancho Palos Verdes
RequestProposal for Pro osal for VOIP Telephone System —Technical Requirements
Page 12 of 19
• Admin Serviceability Tool Monitors real-time behavior of the components in a
Cisco Call Manager cluster.
Control Center—Views status of Cisco CallManager services. Administrators use
Control Center to start and stop services. Alarm Notification can be accomplished
via SNMP,EMAIL,Phone,Text Pager or web
The systen must have diagnostic tools which routinely run diagnostic program,
and autmoatically create logs
COMPLY CISCO CALL MANAGER SERVICEABILITY PROVIDES
AUTOMATIC DIAGNOSTIC PROGRAMS WHICH LOG AND NOTIFY
Alarms must be reported to the attendant console, at the switch, any active
management terminals, and to the vendor's remote maintenance facility.
COMPLY
The system mst be able to provide Alarm notification to a remote customer
location.
COMPLY
16. Call Detail Recording
The system must be able to generate and output Station Message Detail
Recording (SMDR)/Call Detail Records (CDRs). CDRs must be generated for
both incoming and outgoing calls on trunk facilities, and for station-to-station calls
to and from specific stations.
COMPLY
CDRs must be output via a LAN. Buffering must be provided in the event that the
external call accounting system, or storage device is unable to accept the CDRs
for any period of time.
COMPLY LIMITED BY HARD DRIVE SPACE BUT EXTERNAL STORAGE
CAN BE USED.
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System —Technical Requirements
q P
Page 13 of 19
Call Accounting System (Optional)
As an option, provide pricing for a call accounting system to collect the CDRs
from the system and provide call costing. The system must be Personal
Computer(PC) based and operate in a Windows environment.
Where applicable, please state COMPLY or NOT COMPLY to the following
regarding a call accounting system, including the following:
• Can the call accounting system connect directly to the system?
• Can the call accounting system also poll storage devices and process
CDRs from multiple systems?
Tithe optional call accounting system must offer a:
• Toll fraud detection and alerting module
• Administration of toll fraud detection parameters
• Actual method of detection of possible toll fraud
• Alerting mechanisms and options
Provide samples of reports available from the optional call accounting system.
17. System Features-Security
The system must provide security features that help reduce the possibility of
access by unauthorized users. The following features center around system
security in regards to call routing, remote access, and system management
access.
Call Routing Security
To prevent unauthorized use of facilities after hours, the system must support
Alternate Facilities Restriction Levels (AFRLs). Facilities Restriction Levels
(FRLs) are used to determine a user's calling privileges when initiating public or
private network calls. The AFRL feature, when activated, must automatically
change the FRL to the appropriate AFRL. Describe how the system implements
AFRLs.
COMPLY WE SET UP CLASS OF SERVICES AND PRIVILEGES, WHICH CAN
BE CHANGED BY THE ADMINISTRATOR.
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Cityof Rancho Palos Verdes
RequestProposal for Pro osal for VOIP Telephone System—Technical Requirements
Page 14 of 19
How is the AFRL feature activated/deactivated?
BY ADMINISTRATOR PROGRAMMING OR TIME OF DAY
Can the system restrict call transfers to an outgoing trunk?
COMPLY
As an option, the system must provide Authorization Codes. These codes,when
dialed, wil! p rovide a user with additional call routing capabilities than would
otherwise be available. Authorization Codes must be validated by the switch and
must be included in the CDR generated for the call. Describe.
COMPLY VIA EXPANETS FORCED ACCOUNT CODE AND VALIDATION
SOFTWARE PACKAGE. CAN USE AUTHORIZATION WITHOUT THIS BUT
IT WILL NOT BE VALIDATED.
What length Authorization Codes are supported? How many Authorization Codes
will the system support?
256 DIGITS (THE LONGER THE BETTER) UNLIMITED
18. Remote Access Security
r
The Remote Access feature must be password protected to prevent
unauthorized use.
COMPLY
As added security, the system must be able to also require the remote access
user to enter a valid Authorization Code in order to use the feature.
COMPLY
19. System Management Security
Access to the system for management purposes must be login-password
protected.
COMPLY ALSO PROTECTED BY IP FILTERING
The system must have the capability to automatically age passwords, thereby forcing
users to change their passwords.The cycle length must be adminstrable by The City
of Rancho Palos Verdes, and the user must be given advance notice of the upcoming
expiration.Describe.
COMPLY
City of Rancho Palos Verdes
Request est for Proposal for VOIP Telephone System —Technical Requirements
Page 15 of 19
The system must support the setting of an attempts threshold (number of
y pP ports. If
attempts within a specific time period)for access to system management p
p p
this threshold is exceeded, the system must automatically disable the login.
COMPLY ALL THRESHOLDS AND TIME PERIOD LENGTHS ARE SET BY
ADMINISTRATOR
20. Security Violation Notification
display-equipped station of
notification to a
The system must providedesignated
possible abuse attempts on either the System Management or Remote Access ports.
The call must have a distinctive ring and a message must be provided over the
display. In addition, the login ID or the remote access password in violation must be
disabled.
COMPLY
It must also be possible to have an announcement associated with the
notification so that a display-equipped terminal is not required.This will also allow
violation notification calls to be made to points on or off the system.
COMPLY
The system must also monitor Authorization Codes for invalid usage attempts
and provide notification if an attempts threshold (number of attempts within a
specific time period) is exceeded.
COMPLY •
.
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System —Technical Requirements
q P
Page 16 of 19
21. Reports
The system must provide useful reports to help identify potential "hacker"
attempts at infiltration. These reports must address the security violations
described above.
COMPLY
In addition, the system must support a Recent Change History Report so that any
changes made by an unauthorized user can be traced.
COMPLY
In order to assist the system administrator verify the security of the system it
mustp rovide a report that lists all stations with Call Forwarding activated and the
forwarded-to number.
COMPLY
22. Physical Security
As an option, it must be possible to provide additional physical security by adding
a digital encryption "Lock and Key" device to the dial-up system management
ports. Describe what devices are available from the vendor, and include any
additional costs in the Optional Pricing section of the proposal.
NORMALLY A FEATURE NEEDED BY A PBX. THIS SOLUTION PROVIDES
ENCRYPTED AUTHENTICATION VIA A USERNAME/PASSWORD AND
ACCESS CONTROL LISTS
23. Attendant Console and Features
The system shall provide an attendant console for servicing incoming calls to the
system The console should provide dual jacks to accommodate both handsets
and headsets. The console should feature a simple, uncluttered layout of call
appearance keys, numeric keypad, attendant function keys, an easy-to-read
display, system time indication, and major and minor alarm indication. Describe
the attendant console available with the system.
CAN BE SET UP ON THE DESK TOP OF YOUR COMPUTER AS
DEMONSTRATED OR ON A PHYSICAL PHONE WITH ADJUNCTS TO
SHOW BUSY STATIONS.
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System —Technical Requirements
Page 17 of 19
The console should include the ability to determine the status of an extension
number(busy/not busy) and to call an extension without having to key in the
number.
COMPLY
The console display should provide information on the calling party (name,
extension, and Class of Service/Class of Restriction); called party(name and
extension); and call purpose (direct call, forwarded call, returned call, and so
forth). Describe the information available on the console display.
COMPLY ON BOTH THE STANDARD CONSOLE AND THE WEB
ATTENDANT CONSOLE THE FEATURES CAN BE PROGRAMMED TO
MEET EACH OPERATORS SPECIFIC NEEDS. AS DEMONSTRATED AT
OUR MEETING THE BUTTONS AND SOFT KEYS ARE FLEXIBLE AND
ABLE TO SHOW THE INFORMATION REQUESTED.
Calls must be distributed to active attendant consoles on a most-idle-attendant
basis. When all consoles are busy, calls must be queued to an attendant queue
and served on a First-In-First-Out (FIFO) basis. The console:4hould provide an
indication of the state of the attendant queue.
COMPLY
The system should provide priority queuing to the attendant queue.
COMPLY
The attendant should have the ability to restrict calls to or from individual
extensions or groups of extensions. In addition, it must be possible to activate or
deactivate call forwarding all calls for individual extensions.
COMPLY
The attendant must be able to establish a five-party conference, and hold the
conference on the console. The conference must be able to include both internal
and external parties.
COMPLY
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System—Technical Requirements
q p
Page 18 of 19
Describe the cabling requirements and distance limitations for the console.
CATEGORY 5 WIRE OR BETTER NO DISTANCE LIMITATION
The attendant must be able to use an automated directory of extension numbers
from the console. Describe.
COMPLY AS SHOWN AT DEMO YOU HAVE A LIST BY NAME OR
EXTENSION NUMBER
24. IP Telephones
What IP protocols are supported (i.e. G.711, G.729a...H.320, H.323....) and does
all equipment conform to the protocols?
IN COMPLIANCE WITH ALL
The system must support DHCP for IP address registration.
COMPLY •
25. General lP600NolP Questions
VoIP' is must nbe an it an integral part of the system design.
THIS IS A TRUE VOIP SOLUTION CISCO CALL MANAGES PROVIDES YOU
WITH A SCALABLE, DISTRIBUTABLE AND HIGHLY AVAILABLE
ENTERPRISE IP TELEPHONY CALL PROCESSING SOLUTION. MULTIPLE
CISCO CALL MANAGER SERVERS ARE CLUSTERED AND MANAGED AS A
SINGLE ENTITY. CLUSTERING MULTIPLE CALL PROCESSING SERVERS
ON AN IP NETWORK IS A UNIQUE CAPABILITY. IN THE INDUSTRY AND IT
HIGHLIGHTS THE LEADING ARCHITECTURE PROVIDED BY CISCO
AVVID.
The system must interface with existing PSTN Local and Long Distance
networks.
'COMPLY
How many simultaneous VoIP connections are supported (trunk and station)?
EVERYONE IN THE SYSTEM CAN BE CONNECTED. LIMITED ONLY BY
LAN BANDWIDTH.
•
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System—Technical Requirements
Page 19 of 19
Describe Quality of Service (QoS) methods to be implemented on the IP network.
Does QoS extend to the desktop?
THIS IS A VOICE NETWORK ONLY SO QoS WILL NOT BE A PROBLEM????
Describe estimated IP network bandwidth utilizations for 100 users.
APPROXIMATELY 20 MB
What is the maximum capacity/scalability of the VoIP sytem>platform you t.
propose.
ONE MILLION USERS IN A 100 SITE SYSTEM
What is the software platform that the VoIP application runs on? How is the
system backed up and restored?
CISCO CALL MANAGER RUNS ON WINDOWS 2000 SERVER, BACKUPS
WILL BE PERFORMED BY NT BACKUP UTILITY IN WINDOWS 2000 WITH
CUSTOMIZED EXPANETS BATCH SCRIPTS. BACKUPS CAN ALSO BE
PERFORMED BY ANY WINDOWS 2000 THIRD PARTY SOFTWARE
What IP protocols are supported (i.e. G.711, G.729a...H.320;'H.323....) and does
all equipment conform to the protocols?
COMPLY ALL OPEN STANDARDS ARE SUPPORTED
Prepared and submitted b �`��
'q6 -
May 17,2002
leReviewed and accepted by:
May 30,2002
rY OF . 0 . 4 OS VE .
ifr
By: keg / AJi1itr
— diff
1Jo •. McTaggart, •a o
• : 7,2002
Atte
By: 4 , 4! A AI .A. ......—..4111L
Jo Pu ell,City Clerk
Augu. 7, 2002
EXPANETS4 4 , ,_./ ./ ..
y
1 `�
• ! Nap- / , x *4 W •
Dade e Burton,Account Executive
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System - User Requirements
__A Y or N
USER FEATURES:
1 A call timer displayed on the handset y
2 Date and time displayed on the handset y
3 Caller ID displayed on handset- external calls y
4 Caller ID displayed on handset- internal calls y
5 Call waiting phone number displayed on handset y
User has option to transfer call waiting to voice
6 messaging y
User has option to transfer incoming call (viewed
7 using caller ID) to voice messaging y
Softg roup (department) paging using the speakers
in the handsets to alert the user of an important call
8 or give an important message y
Group listening where a group can listen to a call
via handset conference speaker, but be unheard by
9 the party on the other end y
Conference speaker in handset convertible to
10 group listening ,y
Hands free answering phone calls using conference
11 speaker y
Mute to enable listening to caller without being
12 heard ;y
Multiple distinctive ring patterns for internal,
external, group and calls from pre-determined
13 phone numbers (home, City Council member) y
14 Redial y
15 Automatic redial y
Programmable frequently called external numbers
16 for each handset set by user y
Programmable frequently called internal numbers
17 for each handset set by user y
Music or an informational message while caller on
18 hold y
19 Headset jack y
User defined telephone directory viewable on
20 handset display y
21 Alarm clock on handset y
3 party conferencing with ability to drop off from call
22 initiated by another outside party y
Page No. 1
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System - User Requirements
YorN
3 party conferencing with ability to drop off from call
23 initiated by user
24 Call forwarding to an internal extension y
25 Call forwarding to an external phone number y
26 Call forwarding all calls y
27 Call forwarding busy calls only y
28 Call forwarding no answer calls y
Calls forwarded and unanswered automatically
29 transferred to voice messaging of target user y
Busy calls transferred to pre-determined nearby
30 extension y
Busy calls transferred to nearby extension based
upon Users overriding pre-determined nearby
31 extension y
32 Video conferencing y
Handset can be moved to another location and
33 retain all User defined settings y
34 Voice activated dialing y
35 One-step transfers to other extensions y
VOICE MESSAGING QUESTIONS:
36 Single prompt voice message deletion .y
Providing callers with delivery options, including
37 urgent, private and confidential tags) y
38 Autoreply to internal message via voice mail y
At least two optional greetings, one for temporary
39 use (e.g. while on vacation) y
Enable one-step deletion of voice messages prior
40 to completion of listening to voice message y
41 Saving voice messages using folders y
One-step direct transfer of calls to voice message
42 by-passing live pick-up at the extension y
43 Internal voice message reply to caller's extension y
44 Group voice message broadcasting y
Default setting for date & time stamping of each
45 voice messaging y
46 Option to recover a deleted message y
Page No.2
City of Rancho Palos Verdes
Request for Proposal for VOIP Telephone System - User Requirements
Additional Comments:
if you subscribe to service and if the caller does not
have caller id blocking
except for the last item referring to pre-determined
phone numbers like home, city council etc (unless
you give them a different DID to call)
Page No.3
Prepared and submitted b �`��
'q6 -
May 17,2002
leReviewed and accepted by:
May 30,2002
rY OF . 0 . 4 OS VE .
ifr
By: keg / AJi1itr
— diff
1Jo •. McTaggart, •a o
• : 7,2002
Atte
By: 4 , 4! A AI .A. ......—..4111L
Jo Pu ell,City Clerk
Augu. 7, 2002
EXPANETS4 4 , ,_./ ./ ..
y
1 `�
• ! Nap- / , x *4 W •
Dade e Burton,Account Executive
I 1, *tis
F. Yr!e.lu'
CISCO SYSTEMS
111111111,
Schedule D
Table of Contents
THIS AGREEMENT IS AVAILABLE IN LANGUAGES OTHER THAN ENGLISH; PLEASE SEE
YOUR CISCO SYSTEMS, INC. ("CISCO") RESELLER OR VISIT OUR WEBSITE AT
WWW.CISCO.COM.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE
DOWNLOADING, INSTALLING OR USING CISCO OR CISCO-SUPPLIED SOFTWARE.
BY DOWNLOADING OR INSTALLING THE SOFTWARE,OR USING THE EQUIPMENT THAT
CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
THEN (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B)YOU MAY
RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS
PART OF ANOTHER PRODUCT,YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL
REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE
FROM CISCO OR AN AUTHORIZED CISCO RESELLER,AND APPLIES ONLY IF YOU ARE
THE ORIGINAL PURCHASER.
The following terms govern your use of the Software except to the extent a particular program (a)
is the subject of a separate written agreement with Cisco or(b) includes a separate"click-on"
license agreement as part of the installation process.
License. Subject to the terms and conditions of and except as otherwise provided in this
Agreement, Cisco Systems, Inc. ("Cisco")and its suppliers grant to Customer("Customer") a
nonexclusive and nontransferable license to use the specific Cisco program modules,feature
set(s)or feature(s)for which Customer has paid the required license fees(the"Software"), in
object code form only. In addition,the foregoing license shall also be subject to each of the
following limitations:
• Unless otherwise expressly provided in the documentation, Customer shall use the Software
solely as embedded in, for execution on, or(where the applicable documentation permits
installation on non-Cisco equipment)for communication with Cisco equipment owned or leased
by Customer;
• Customer's use of the Software shall be limited to use on a single hardware chassis, on a
single central processing unit, as applicable,or use on such greater number of chassis or central
processing units as Customer may have paid Cisco the required license fee
• Customer's use of the Software shall also be limited as applicable to the number of issued and
outstanding IP addresses, central processing unit performance, number of ports, and any other
restrictions set forth in Cisco's product catalog for the Software.
NOTE: For evaluation or beta copies for which Cisco does not charge a license fee,the above
requirement to pay a license fee does not apply.
General Limitations. Except as otherwise expressly provided under this Agreement, Customer
shall have no right, and Customer specifically agrees not to:
(i)transfer,assign or sublicense its license rights to any other person,or use the Software on
unauthorized or secondhand Cisco equipment, and any such attempted transfer,assignment or
sublicense shall be void;
(ii) make error corrections to or otherwise modify or adapt the Software or create derivative works
based upon the Software, or to permit third parties to do the same; or
(iii)decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to
human-readable form to gain access to trade secrets or confidential information in the Software.
To the extent required by law, at Customer's request, Cisco shall provide Customer with the
interface information needed to achieve interoperability between the Software and another
independently created program, on payment of Cisco's applicable fee. Customer shall observe
strict obligations of confidentiality with respect to such information.
Upgrades and Additional Copies. For purposes of this Agreement, "Software"shall include(and
the terms and conditions of this Agreement shall apply to)any upgrades, updates, bug fixes or
modified versions (collectively,"Upgrades") or backup copies of the Software licensed or
provided to Customer by Cisco or an authorized distributor for which Customer has paid the
applicable license fees. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY SUCH
ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING
SUCH COPY OR UPGRADE,ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL
SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE; (2) USE OF
UPGRADES IS LIMITED TO CISCO EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL
END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO
USE THE SOFTWARE WHICH IS BEING UPGRADED;AND (3) USE OF ADDITIONAL COPIES
IS LIMITED TO BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other
proprietary notices on all copies, in any form, of the Software in the same form and manner that
such copyright and other proprietary notices are included on the Software. Except as expressly
authorized in this Agreement, Customer shall not make any copies or duplicates or any Software
without the prior written permission of Cisco. Customer may make such backup copies of the
Software as may be necessary for Customer's lawful use, provided Customer affixes to such
copies all copyright,confidentiality, and proprietary notices that appear on the original.
Protection of Information. Customer agrees that aspects of the Software and associated
documentation, including the specific design and structure of individual programs,constitute trade
secrets and/or copyrighted material of Cisco. Customer shall not disclose, provide,or otherwise
make available such trade secrets or copyrighted material in any form to any third party without
the prior written consent of Cisco. Customer shall implement reasonable security measures to`
protect such trade secrets and copyrighted material.Title to Software and documentation shall
remain solely with Cisco. Notwithstanding the foregoing, Cisco acknowledges that Customer is
subject to the California Public Records Act and that some or all of the information provided by
Cisco may be disclosable thereunder. In the event a public records act request for any Cisco
information is received, Customer shall use its best efforts to provide Cisco with written or verbal
notice of such request, prior to compliance. Hovever, nothing herein shall prevent Customer
from complying with the requirements of the California Public Records Act. In the event
Customer determines that any documents containing Cisco information are not disclosable, and
litigation is commenced to compel production of such documents, Cisco agrees to defend and
indemnify Customer,with counsel of Customer's choice, as to any claims, liabilities, costs, and/or
judgments that may be incurred by Customer as a result of such litigation.
Limited Warranty. If Customer obtained the Software directly from Cisco,then Cisco warrants that
during the Warranty Period (as defined below): (i)the media on which the Software is furnished
will be free of defects in materials and workmanship under normal use;and (ii)the Software will
substantially conform to its published specifications. The"Warranty Period" means a period
beginning on the date of Customer's receipt of the Software and ending on the later of(a) ninety
(90)days from the date of initial shipment of the Software by Cisco, or(b)the end of the minimum
period required by the law of the applicable jurisdiction. In addition, Cisco may provide an
additional limited Year 2000 warranty for the Software; information regarding this warranty and its
applicability to the Software may be found at the web site address
www.cisco.com/warp/public/779/smbiz/service/y2k/y2k_comp.htm.The limited warranties extend
only to Customer as the original licensee. Customer's sole and exclusive remedy and the entire
liability of Cisco and its suppliers under these limited warranties will be, at Cisco or its service
center's option, repair, replacement, or refund of the Software if reported (or, upon request,
returned)to Cisco or its designee. Except as expressly granted in this Agreement,the Software is
provided AS IS.Cisco does not warrant that the Software is error free or that Customer will be
able to operate the Software without problems or interruptions. In addition,due to the continual
development of new techniques for intruding upon and attacking networks, Cisco does not
warrant that the Software or any equipment, system or network on which the Software is used will
be free of vulnerability to intrusion or attack.
This warranty does not apply if the Software(a) is licensed for beta, evaluation,testing or
demonstration purposes for which Cisco does not receive a license fee, (b) has been altered,
except by Cisco, (c) has not been installed,operated, repaired, or maintained in accordance with
instructions supplied by Cisco, (d) has been subjected to abnormal physical or electrical stress,
misuse, negligence, or accident, or(e) is used in ultrahazardous activities.
If Customer obtained the Software from a Cisco reseller,the terms of any warranty shall be as
provided by such distributor, and Cisco provides Customer no warranty with respect to such
Software.
Disclaimer of Warranties. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS,AND WARRANTIES INCLUDING,WITHOUT
LIMITATION,ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR
ARISING FROM A COURSE OF DEALING, USAGE,OR TRADE PRACTICE, ARE HEREBY
EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.TO THE EXTENT AN
IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN
DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Disclaimer of Liabilities. IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY
LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE EVEN IF CISCO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its suppliers' liability to
Customer, whether in contract,tort(including negligence), or otherwise, exceed the price paid by
Customer.The foregoing limitations shall apply even if the.above-stated warranty fails of its
essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination.This Agreement is effective until terminated. Customer may terminate this
Agreement at any time by destroying all copies of Software including any documentation.
Customer's license rights under this Agreement will terminate immediately without notice from
Cisco if Customer fails to comply with any provision of this Agreement. Upon termination,
Customer must destroy all copies of Software in its possession or control.
Customer Records. Customer grants to Cisco and its independent accountants the right to
examine Customer's books, records and accounts during Customer's normal business hours to
verify compliance with this Agreement. In the event such audit discloses non-compliance with this
Agreement, Customer shall promptly pay to Cisco the appropriate licensee fees.
Export. Software, including technical data, may be subject to U.S. export control laws, including
the U.S. Export Administration Act and its associated regulations, and may be subject to export or
import regulations in other countries. Customer agrees to comply strictly with all such regulations
and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import
Software.
Restricted Rights. Cisco's commercial software and commercial computer software
documentation is provided to United States Government agencies in accordance with the terms
of this Agreement, and per subparagraph"(c)"of the"Commercial Computer Software-
Restricted Rights"clause at FAR 52.227-19(Juni 1987). For DOD agencies,the restrictions set
forth in the"Technical Data-Commercial Items"clause at DFARS 252.227-7015(Nov 1995)shall
also apply.
General. This Agreement shall be governed by and construed in accordance,with the laws of the
State of California, United States of America, as if performed wholly within the state and without
giving effect to the principles of conflict of law. If any portion hereof is found to be void or
unenforceable,the remaining provisions of this Agreement shall remain in full force and effect.
Cisco hereby specifically disclaims the UN Convention on Contracts for the International Sale of
Goods. Except as expressly provided herein,this Agreement constitutes the entire agreement
between thep arties with respect to the license of the Software and supersedes any conflicting or
additional terms contained in the purchase order.
CITY OF RANCHO PALOS VERDES
By: JII /40/
J% . McTaggart, Mayo rifi
August 19, 2002
Attest:
4
By: .
Jo P rcell, City Clerk
August 19, 2002
EXPANETS OF CALIFORNIA, INC.(r'VENDOR")
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Signed By: .
Print Name: 1 • 411., 1111
Title: --"B C_
August 19, 2002
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EFFECTIVE DATE
This Agreement is
made between you/Client, and(Expanets Legal ("Dispute")shall be resolved in accordance with the terms of
Entity) ("Expanets") and is effective when accepted by Expanets. this Section 5.
It shall remain in effect until terminated by either party on thirty- B. If the Dispute cannot be settled through good faith negotiation
(30)days s written notice to the other. parties will submit the Dispute to non-binding mediation 2. SERVICES conducted by the American Arbitration Association("AAA")
You authorize Expanets (1)obtain from your vendors:copies of or any other mutually acceptable alternate Dispute resolution
to:
all records pertaining to equipment, network services, and billing; organization.Each party shall bear its own expenses but those
(2)tocoordinate installation activities with the appropriate vendors related to the compensation of the mediator shall be borne
when installing Expanets anets 1. systems; (3) order non-complex equally. The parties,their representatives,other participants
directorylisti8ngs; (4) arrange for installations, rearrangements, or and the mediator(and arbitrator, if any)shall hold the
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disconnections of other vendor's services and equipment as existence,content and result of mediation in confidence. If
appropriate(includingall local and non-local facilities). the Dispute is not resolved through mediation, claims may be
3. PAYMENT OF CHARGES resolved through binding arbitration in accordance with
All recurring and nonrecurring charges made by vendors for , , Section 5.B and 5.C, except that Expanets reserves the right t
service and equipment ordered on your behalf shall be paid by you obtain an injunction in court to prevent your use of the
directly and are not the responsibility of Expanets. Products in violation of this Agreement. The Federal
4. LIMITATIONS OF LIABILITY Arbitration Act,9 U.S.C. Sections 1 to 15,not state law,will
Your sole and exclusive remedies shall be: (1) In the event of govern the arbitrability of all Disputes.
breach of this Agreement by Expanets, your right to terminate this C. A single arbitrator who is knowledgeable in the
Agreement; (2) your ri ht to claim damages for bodily injury to telecommunications field or in commercial matters will
g
any person resultingfrom negligence by Expanets; and (3) your conduct the arbitration. The arbitrator's decision and award
right to receive a credit for charges billed to you by vendors solely will be final and binding and may be entered in any court wii
as a result of negligence by Expanets. Except as provided in sub- jurisdiction. The arbitrator will not have authority to modify
paragraphs (2),and (3) above, Expanets shall have no liability for or expand any of the provisions of this Agreement(e.g.,
t
either direct or indirect, incidental or consequential damages Section 4—the Limitation of Liability provision of this
(including lost profits) resulting from or arising in connection with Agreement).
thep rovision of services under this Agreement. Expanets shall not D. Any Dispute Client has against Expanets with respect to this
be responsible for non-performance by any vendor from which Agreement must be brought within two(2)years after the
Expanets orders service or equipment on your behalf. discovery of damage or injury.
5. DISPUTES
A. Any controversy or claim, whether based on contract,tort, 6. COVERAGE
strict liability, fraud,misrepresentation,or any other legal This Agreement is in effect for all of your locations unless
ty
theory,related directly or indirectly to this Agreement otherwise specified by you in writing.
THIS IS THE ENTIRE AGREEMENT BETWEEN AND EXPANETS WITH RESPECT TO SERVICES PROVIDED
HEREUNDER,ANY AMMENDMENTS, MODIFICATIONS OR CHANGES WRITING AND SIGNED BY YOU
_ND EXPANETS.
CITY OF RANCHO PALOS VERDES ("CLIENT")
By: AN,< l /Il a��.r
John ' McTaggart,May%
Au:..: 19,2002
Attest:
By: ,
Jo P ► ell, City Clerk
Aug .t 19, 2002
EXPANETS OF CALIFORNIA,INCA("EXPANETS")
•
Signed
By: ---, vJØ'/ittL/(44/
Mint Name: SI iSr i act fk voe
—P.)
Title: Lig
August 19, 2002