Voice Smart Networks
4840 MARKET STREET SUITE D VENTURA, CA 93003 805-642-3558
www.voicesmartnetworks.com
Voice Smart Networks wants to thank you for the opportunity to present our proposed hosted VOIP solution to the City of
La Quinta.
As a trusted source of telephone solutions, we earn our position as the market leader through quality products and
services. Our goal is to educate, empowering our employees and clients so they may maximize the benefits of an
integrated telephony solution. We pride ourselves in taking the time to explain the purpose of our solution in providing a
reliable, quality and cost-efficient solution.
Through our membership with Technology Assurance Group (TAG), an international association of unified
communications companies serving more than 130 market places across the united states and Canada, Voice Smart
Networks truly has the ability to see where the telephony industry is going. As a premier member of TAG, Voice Smart
Networks is positioned as a leader in unified communications, providing advanced solutions to the marketplace. To
become a TAG member, we met rigorous annual qualifications through required company and employee training
programs. This unique relationship allows us to adopt ground-breaking technologies such as Wildix (which is proposed
herein), deliver innovative programs, and share best practices with other elite managed technology and service providers,
similar to Voice Smart Networks. As a result of this exclusive membership with TAG, Voice Smart Networks is the most
competitive company in the industry. We have a greater capacity to maximize our clients’ productivity. Furthermore, we
protect them from the two biggest risk factors associated with technology- which are, cost and obsolescence.
As a result of being a part of TAG, Voice Smart Networks had the exclusive opportunity to identify a dominate
international VOIP manufacturer in Wildix. A pioneer in the Telecommunications industry, Wildix was the first company
to fully integrate WebRTC (Web Real Time Communications) for direct audio and video communication support in the
web browser without the need to install any software of configure VPN’s. Wildix is brilliantly simple and intuitive;
Employees without technical background start using even the most advanced functionality, without frustration.
Voice Smart Networks also has the expertise to bring to your network consultation and implementation of carrier services,
such as SD-WAN technology, to your municipality. This aspect is not addressed in the RFP, however it plays a critical
role in establishing the highest levels of Quality of Service, with the successful implantation of any hosted VOIP solution.
This will be the last phone system that the City of La Quinta will have to invest in, and our proposed solution will allow
the City to realize a positive Return on Investment through the implementation of this solution.
Once again, thank you for the opportunity to address your technical needs. We look forward to your response in our
ability to demonstrate both products.
With the utmost respect,
Dale Stein
Managing Partner
4840 Market Street, Suite D, Ventura CA 93003
(805) 642-3558; FAX (805) 642-2954
www.VoiceSmartNetworks.com
Voice Smart Networks Partner Plan
With our Partner Plan, Voice Smart Networks truly Partners with its customers to assure that the technology provided today can be kept current as
required and that its Partner will have emerging technologies as they become available and needed. Our partner plan program makes available the latest
most efficient technology to serve your business needs.
Our Partner Plan also provides a New Industry Standard for Consultation, Education and Special Services allowing the technolo gy to actually make a
difference in your business.
The greatest innovation assures your increased profitability and your cost can be fixed throughout the program
Schedule 2
• Priority queue to the “Partnership Operations
Center”
• Designation/key strips as needed
• Priority scheduling for adds, moves, and
changes
• User guides upon request
• Priority dispatch on all service calls
• Unlimited training
• Guarantee of “Inventory On Hand”
• No charge for “no trouble found” service calls
• “Software only” upgrades • Local and Long Distance audits and
recommendations upon request
• Preferred service and replacement of defective
equipment per factory recommendations
• Service Provider Bill reconciliation
• 24/7/365 Availability Monitoring of IP
Telephony Equipment
• Semi Annual Backup and archiving of system
databases where applicable
• Annual preventative maintenance
• Annual analysis of connectivity charges
• Waiver of charges for no trouble found carrier
calls
• Waiver of remote labor charges with software
upgrades
• Remote support service calls via telephone or
emails during normal business hours
• Waiver of remote labor charges when
equipment is added or replaced
• Remote programming changes during normal
business hours
• Quarterly technology webinars on advanced
and emerging business applications
• Unlimited Remote Moves and Changes excluding Structured Wiring
Section 1: Request for Proposal (RFP) Purpose and Scope
The City of La Quinta (City) seeks a solution that integrates its communications
system with a Voice over Internet Protocol (VoIP) integrated voice and data system.
The new system shall include unified messaging and integrate with the City’s Office
365 2016 email system. All existing telephones should be replaced with equivalent IP
phones that support basic telephony features. An employee should be able to log in
anywhere on or off the company network (home phone, cell phone, or computer) and
automatically receive calls without administrative intervention.
City requires that any system have the capability to service remote locations with the
same features and functionality as the main office should the need arise. System
directories, class of service for telephony capabilities, trunk group access, should
apply to all locations.
The City currently has a radio point-to-point connection to the remote sites, in which
VLAN voice data is passed through to the remote locations. City also requires the
ability to install a “failover/backup system” that will work in tandem with the main
system to process calls as needed, either due to emergency, power outage, or
capacity issues. This “failover/backup system” may reside in the City o f La Quinta or
in another city. Each vendor should include in their response the benefits that their
system will provide including, but not limited to, the increased efficiencies that staff
and residents will realize.
The successful for this contract will be the sole authority and responsible party for this
installation. The City’s goal is to establish a relationship with a single point of contact
for all support necessary for the project. It is the intent of this Request for Proposal
(RFP) that the responder shall provide a complete, endto-end solution for the
installation. The vendor shall provide all design, planning, system architecture,
installation, network analysis, training, and post installation support for the project.
City staff will act in oversight and advisory positions only. The vendor is also expected
to provide a comprehensive training plan for all employees. It is expected that City
staff will require technical training at various levels and that line staff will require
training on the new systems. The vendor is expected to plan and conduct the
installation of the project with minimal impact to daily operations and staff. Staff will
work closely with the vendor to create a working project plan that will achieve these
goals.
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Vendor Response to this RFP should cover the following general topics:
SECTION 2‐RFP Submission Requirements:
Submit proposals electronically, via e-mail, or thumb drive. All documents
submitted shall be in PDF format. Proposals must bear electronic signatures.
(Scanned signatures are acceptable)
Submit proposals to: City of La Quinta or Mrodriguez@laquintaca.gov City
Manager’s Office (Subject: RFP –Unified Communications & VOIP Phone System)
78495 Calle Tampico La Quinta, CA 92253
SUBMISSION RESTRICTIONS
No oral, text, fax, or telephone proposals or modifications will be considered.
Proposals received after the due date and time will not be accepted.
QUESTIONS or REQUESTS FOR CLARIFICATION
Any request for clarification or other questions concerning this RFP or attachments
must be submitted via e-mail to Mrodriguez@laquintaca.gov no later than
November 2, 2018 at 5:00 p.m. All responses will be e-mailed to those on the list by
5:00 p.m. on November 16, 2018.
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· IP‐based Voice capabilities and Intelligent
Network Infrastructure · Support/Service Capabilities
· Reliability · Scalability
· Voice Quality · System Longevity
· Experience and References · Simplicity of Installation
· Voice Messaging · Training and Usage
· System Administration · Failover/emergency backup op
• Automatic call back • Find Me/Follow Me
• Unified Communication • Group Call Pickup
• Call Waiting • Fax/eFax Management/Fax to email/Fax Server
• Call Forward Busy / No Answer / All Calls • Remote Maintenance / Administration
RFP Timeline: (all dates are tentative)
RFP Evaluation:
The RFP shall be awarded to the vendor whose proposal is most advantageous to the
City with price and other factors considered. These include responses to the RFP
questions; demonstrated technical ability and expertise; reference calls and/or
recommendations; memberships, licenses, ISO certifications or any other applicable
membership or certifications; presentations to the evaluation team (if applicable);
on‐site visits at vendor’s site (if applicable); product samples which the City may
request as part of the RFP process; and any additional criteria deemed appropriate by
the City which would lend itself to establishing the service provider’s viability to
perform the work as outlined in this RFP. City may require all vendors to provide
financial statements for the past two years to determine each vendor’s financial ability
to provide long-term service to the City. Proposals will become public record and
those documents that are confidential, or trade secrets, must be marked accordingly.
RFPs that include the option of 0% financing/lease, whether manufacturer or
self‐financed will receive priority consideration. Ongoing service agreements included
with the RFP must include specific response times and finan cial penalties for the
vendor if service-level agreement commitments are not met.
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Evaluation Criteria:
1. Qualifications of Firm
Strength and stability of the firm; strength, stability, experience and technical
competence of sub‐consultants; logic of project organization; adequacy of labor
commitment.
2. Qualifications of Personnel
Qualifications, education, and experience of project staff; key personnel’s level
of involvement in performing related work.
3. Related Experience
Experience in providing services like those requested herein; experience
working with public agencies; assessment by client references.
4. Completeness of Response
Completeness of response in accordance with RFP instructions; exceptions to
or deviation from the RFP requirements; inclusion of required licenses and
certifications.
5. Reasonableness of Cost and Price
Reasonableness of the individual firm‐fixed prices and/or hourly rates, and
competitiveness of quoted firm‐fixed prices with other proposals received;
adequacy of the data in support of figures quoted; basis on which prices are
quoted.
Acceptance of Proposal Content:
Vendor understands that the City reserves the right to award a contract without
further discussions or clarifications with vendors. Thus, the contents of the RFP
response and all pricing, terms, and statements contained therein will be binding
upon vendor. Upon acceptance of the proposal by City, the successful proposal,
including all terms, conditions and pricing contained therein, will be incorporated into
the awarded contract. Vendor understands that failure of the potentially successful
offer or to accept this obligation may result in the selection of another offer or
rejection of the submitted proposal.
Vendor must take great care to respond to all requirements of this RFP to the
maximum extent possible. Vendor must clearly identify any limitations and/or
exceptions to the requirements inherent in the proposed system. Vendor further
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upgrades and maintenance for the next five years if these expenses are not
included in an ongoing service agreement.
understands that alternative approaches will be given consideration if
the proposed approach clearly offers increased benefits to City.
Cost of Preparing Proposals:
City of La Quinta is not liable for any costs incurred by vendors in the
preparation and presentation of proposals and demonstrations submitted in
response to this RFP.
Permits:
The vendor shall obtain and pay for any permits and licenses required for the
performance of the work, post all notices required by law, and comply with all laws,
ordinances, and regulations bearing on the conduct of the work, as specified herein.
On any work that requires an inspection certificate issued by local authorities,
National Board of Fire Underwriters, or any other governing body, such inspection
certificate(s) shall be obtained by and paid for by the vendor. The chosen vendor
shall procure all required certificates of acceptance or of completions issued by the
state, municipal or other authorities and must deliver these to City.
Vendor Responsibility:
Unless otherwise stipulated, vendor shall provide, and pay for, all materials, labor,
tools, equipment, transportation, and other facilities necessary for the performance
and completion of the work. Vendor shall verify conditions at the building,
particularly door openings and passages. Any pieces too bulky for existing facilities
shall be hoisted and otherwise handled with apparatus as required.
RFP Responses:
All materials submitted by the vendor in response to this RFP become the sole
property of City of La Quinta upon receipt of the proposal. The material contained in
these responses will be appended to the final contract, further defining the
contractual responsibilities of the vendor. City shall not reimburse any vendor for the
cost of responding to this RFP. Any documentation that is to be considered
confidential must clearly be identified as confidential or it will become part of the
public records of City.
Section 3: Summary of Requirements:
The new telephone, voicemail and unified messaging system design should provide
a uniform communication system for all City facilities and shall be expandable at
the convenience of the City. The new system must provide a single system in terms
of dialing, feature access, and administration. City intends to have the new
communications system administered from City Hall.
City believes that a Voice over Internet Protocol (VoIP) solution would be
advantageous and wishes all vendors to make their proposals accordingly. City
would like a hosted phone system option to be made available in the proposal
with cost breakdown.
Network Assessment:
City of La Quinta understands and expects that the vendor will need to conduct a
full network assessment to determine the viability of integrating and installing the
new voice system onto the existing data network. The needs and expectations of a
converged network do place different requirements on the network in terms of
quality of service (QOS), packet prioritization, cable quality, termination
specifications, etc. Although City believes that the network is voice ready, City
desires vendor to perform a full network assessment and determine what, if any,
network updates or quality mitigation processes must be achieved in order to
support the new communications system. Vendor will provide all results of the
assessment including necessary network maps, specification thresholds, problem
areas and the recommended solution and cost for each.
• This is standard procedure of any new client on-boarding, which
includes Rapid Fire and AppNeta tools. This usually attributes to
the positive ROI and insures stability of the network while also
uncovering compromised email addresses through dark web
monitoring.
Cable:
The network assessment should include the cost to test existing network cabling.
Vendor will provide cable from the wall to the phone. As the installation is expected to
be “in‐line” with the handset/endpoint existing between the wall jack and the
computer, any additional cabling will be provided by the vendor. The vendor will be
responsible for wiring connections from the VoIP system to any communications
equipment utilizing the VoIP system. Vendor is responsible for re‐termination of
services from existing system to the new VoIP system. Any additional cabling/wiring
needed by the vendor to complete the installation should be included as part of the
RFP response.
Question and Answer-Cabling - Please confirm that vendor is not
unconditionally responsible for the cable between the wall jack and the
server rooms/patch panels. Response: Vendor is NOT responsible for the
cabling between the Ethernet wall jack port to the MDF/IDF locations,
aka. “Server Room,
or Switch location”. Answer: The Vendor is responsible for the network
cable between the Ethernet Jack port and the phone.
Required Services:
• Unified Messaging ‐City also wishes to implement Unified Messaging and
integrate the VoIP system with the Office 365 2016 email system. The vendor shall
propose the best way to achieve this with full functionality and with minimal impact
on services. Vendor shall also provide any costs necessary for licensing that may be
required to achieve this.
We are prosing the Wildix Wildix Collaboration WebRTC UC solution. That includes:
• Geolocation
• Presence information
• Conference and collaboration
• Desktop sharing and file transfer
• Virtual Post-it reminders
• Attendant Console
• Shared phonebooks
• Security thanks to advanced encryption system
Wildix Collaboration is a web-based tool that enables simple, instant and secure
communication between the employees from different offices of the company,
situated all over the world, from office phones, PC, but also from mobile devices
(BYOD). You can participate in a conference, make a call (video, audio), start sharing
your desktop, send faxes and virtual reminders with just one click.
Each user can access the Wildix Collaboration tool from any location (office, home, on
the move, any place with Internet connection), using any device (PC, laptop, tablet),
regardless of the OS and without having to install any components.
Wildix Collaboration allows communicating presence information and geolocation, so
that each user can monitor in real time who is online, absent, busy in another
conversation or does not want to be disturbed.
Licensing Features Details
• Enterprise Mobility ‐City wishes to enable our highly mobile workforce to
communicate on the device of their choosing regardless of location (office, field, home
etc.). The goal is constant connectivity and mobile unified communications no matter
the location. The solution should essentially extend the features of the desk phone to
the mobile device.
This is easily handled with the mobile client.
Mobile extension integrates mobile phones of employees into the corporate telephone
system. Today this feature is fundamental, and it is no longer an option, it became a
commodity.
Wildix Mobility service can be easily enabled and customized in several seconds and it
offers the following features:
Mobile phone and office phone ring simultaneously.
Mobile phone rings several seconds after the office phone.
Mobile phone rings in particular time slots.
All devices registered to your account ring simultaneously or one after another
• Retention of Phone Records-Vendor should be able to retain City call logs for
per City Policy for 3 years. Citation GC34090
CDR records will be regularly down loaded to the customers data center for long term
storage.
• Acknowledge and complied
• Call Accounting System ‐A Call Accounting System (CAS) is required and
must be part of the base proposal for this system. The CAS must include Call Dialing
Report (CDR) for inbound, outbound and internal calls and usage reports for all types
of inbound, outbound and internal calls. City is very concerned about the metrics for
call length, number of calls unanswered, going to voicemail and dropped calls. Please
describe your solution to the CAS and attach sample reports. Vendor should also
provide training for up to 3 employees in the administration, maintenance,
programming, and daily operation of the CAS.
• Acknowledge and complied
• Automatic Call Distributor (ACD) ‐Representatives should be able to log in
to their phone/workstation and have calls routed to them in a design that City and
vendor agree upon.
• Acknowledge and complied
• 911 Services ‐Emergency 911 Services are mandated for this system. The
vendor shall provide a solution for 911 dialing from within the network that achieves
all of the expected performance of a 911 system without substantially changing any
of the expected normal operations of the system. If a staff person currently presses
911, it is expected that they will continue to perform the same activity and achieve
the same result. Additional capabilities expected from the emergency call procedure
are the ability to initiate an emergency call to be automatically routed to other desks
within City.
• Acknowledge and complied
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Feature Set: The list below is a partial list of features that have
been requested. It is provided as a baseline and as a starting point
for the expected operations of the system. City expects that the successful vendor
will have experience with corporations and other businesses of City’s size and
scope and will be able to provide consulting advice, input and insight into w hat
other organizations are using, and to provide suggestions that will enhance the
usability and functionality of the system. Please identify which features are
standard and which are added cost.
• Acknowledge and complied
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Single Point of Responsibility:
City expects to have a single point of contact, i.e. a single point of authority and
a single contracting entity for this project. City will not enter into any agreement
that does not provide a single point of accountability for the installation of the
system.
• Acknowledge and complied
Technical Requirements:
The vendor must provide a complete system design showing the integration of the
voice network into the data network. Further, the vendor must provide
methodology for assuring voice quality throughout the system
See Visio attachment
Core system servers, switches, call managers, and other equipment will be installed
in the City Data Center. Remote site equipment will be installed in secure data closets
at each remote site. Vendor will provide recommendations and schematics showing
the placement of the equipment in the appropriate network racks or cabinets. If the
amount of rack space is insufficient, vendor shall make sure addi tional racks or
cabinets are included in the bid.
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· IP‐based Voice capabilities and Intelligent
Network Infrastructure · Support/Service Capabilities
· Reliability · Scalability
· Voice Quality · System Longevity
· Experience and References · Simplicity of Installation
· Voice Messaging · Training and Usage
· System Administration · Failover/emergency backup op
• Automatic call back • Find Me/Follow Me
• Unified Communication • Group Call Pickup
• Call Waiting • Fax/eFax Management/Fax to email/Fax Server
• Call Forward Busy / No Answer / All Calls • Remote Maintenance / Administration
• Call Redirect • Voice Mail
• Call Hold / Release • Voice Mail forward to Email
• Call Park / Pickup • Night/ After Hours Service
• Call Transfer • Soft phone features
• Call Waiting • Consistent and excellent voice quality
• Calling Line ID Name and Number • Toll Charges, classes of service for Toll restriction
• Multiple Calls per Line Appearance • Make/ Drop Conference
• Call Waiting Caller ID Name and Number • Add On Conference
• Prime Line Select • Conference bridging for internal and external
• Shared Extension on Multiple Phones • Automatic alternate routing
• Bridged Call Appearances • Call forward capability to external numbers
• Speaker Phone Capable • SMDR (Station Message Detailed Report)
• Auto / Speed Dial • Music on Hold
• Programmable Buttons w/ paperless labels • Voice Mail Light Indicator
• Paging & Group Paging • Remote Handsets
• Direct Inward Dial (DID) • Voice over VPN
• Extension Dialing between Locations • Integration with leading smart phones & tablets
(enterprise support & products for mobile)
Redundancy/Failover. It is the intent of this RFP to have a system that has failover
capabilities in case of system failure and to have an acceptable level of redundancy in
case of power failure or other incident. Please provide your solution to assure the
system is operational 24/7. It is our intent to explore the possibility of installing
another “backup” system at another location that calls can be automatically rerouted
to in the event of a main system failure. This system may reside in data center City
has selected for this purpose or within the City of La Quinta. It must also be able to
process additional calls during peak times.
• Install onsite PBX for failover, while also recommending a
secondary internet connection for connectivity failover in the event
of a carrier outage.
Wildix Cloud together with WMS Network makes sure you can continue
working even when offline. This multisite solution already used by banks,
chain stores, hospitals and highways, ensures continuity of services in all
the branch offices, even in the most critical situations.
How does it work?
The Server PBX of the WMS Network is situated in the Cloud. You can
connect as many Client PBXs as you wish and anywhere you need, to the
Server. The Clients are connected to the Server and to all the other
reachable Clients.
The users database and the ACLs (Access Control Lists) are synced all
over the network.
Calls, chat, video and presence information is transmitted from Client to
Client. In cases when direct communication between the Client PBXs is
impossible, the Server PBX is used as proxy.
Wildix Failover Guide
System Administration:
City Staff will administer the system. Installation of the new VoIP system will include
training for staff in system administration.
Remote administration of the system must be available to technical and
operations staff. Vendor to supply all additional equipment and software needed
for the system programming and operation.
• Acknowledge and complied
If
vendor proposes a switching solution based on Power over Ethernet (POE), vendor shall provide
detailed specifications for the switching equipment, pricing and placement for the equipment.
Maintenance costs of this equipment shall be reflected in the maintenance section of the
response.
Security:
The system should have security set features built in that allow the administrator
to remotely administer security levels of users. It should fully integrate with City’s
Active Directory and should allow the administrator to control class of service and
class of restriction. The winning bidder will also supply all system level passwords
to the City.
• Acknowledge and complied
Vendor Requirements:
Vendor will provide documentation showing call handling and device addressing
schemes, an initial inventory of equipment for each completed location including
model and serial numbers of phones, switches, and routers, as well as any other
relevant equipment.
• Acknowledge and complied
Project Management:
Vendor is expected to provide a project manager for this installation that will interface
and become the main contact with the vendor for the duration of the project. This
project manager will be assigned to City throughout the life of the project. City
reserves the right to request a change in project management based on performance.
• Acknowledge and complied
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Warranty:
Vendor will provide a minimum one-year warranty on all equipment and
installation. We will provide a 5 year warranty on all hardware and licensing
provided included in our monthly investment
Maintenance and Support:
Vendor shall provide City with a complete listing of available service and support
plans. These shall include the range of offered services including the escalation
plan and following levels of support:
• an itemized list of services for each site; Unlimited service, support, and
training See schedule 2 Partner plan attachment
• ongoing maintenance cost; included in the monthly
• forecast any increase for 2‐3 years for hardware, software maintenance,
licensing needs; the only way there could be an increase in monthly cost,
would be if new licensing or hardware was added.
• vendor to provide detail of local support, hours or limits of coverage for service
and repairs; standard non-emergency support is offered Monday through
Friday 8-5; Emergency support is offered after normal business hours, which
is included. We have engineers throughout southern California to respond
onsite as required.
• vendor to provide their maintenance plan options with one hour or less
response times; and Included in monthly investment
• provide software upgrade plans inclusive in maintenance. Included
Transition Plan:
City expects the installation of the new system to have little or no impact to
on‐going operations. Vendor is expected to have experience in this area and t o
provide City with a plan to accomplish this as follows:
• vendor to create a design to move the units off the old system to the new
system with minimized disruption to staff and to create a preplanned schedule for
notification purposes;
• vendor to provide how (and validate procedure) the parallel process will
migrate old to new; and
• all documentation, installation, reports, and materials must be provided to City
prior to commencement of installation, followed by submission of any Moves, Adds,
Changes (MAC).
• VSN will assign a project manager who will set up an internal kick off
call followed by a kick off call/meeting with the customers team. At the
customer kick off meeting the contract and requirements are reviewed.
Roles and responsibilities are established with a time line. Attendees are
VSN project manager, VSN Lead Technician and customer team.
• Account Manager- Responsible for the overall customer relationship.
Project Manager- Responsible for the success of the project and all
communications during the project with internal VSN resources/customer
resources/carrier resources/manufacturer resources.
• Lead Technician- Responsible for all the technical aspects of the project
and coordinating with other VSN technicians/customer technical
resources/carrier technical resources/manufacturer technical resources.
Review and tests programming and integrations. Trainer- Responsible for
working with the project manager to establish training schedule and
materiel.
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Telephone
Locations and Count:
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· IP‐based Voice capabilities and Intelligent
Network Infrastructure · Support/Service Capabilities
· Reliability · Scalability
· Voice Quality · System Longevity
· Experience and References · Simplicity of Installation
· Voice Messaging · Training and Usage
· System Administration · Failover/emergency backup op
• Automatic call back • Find Me/Follow Me
• Unified Communication • Group Call Pickup
• Call Waiting • Fax/eFax Management/Fax to email/Fax Server
• Call Forward Busy / No Answer / All Calls • Remote Maintenance / Administration
• Call Redirect • Voice Mail
• Call Hold / Release • Voice Mail forward to Email
• Call Park / Pickup • Night/ After Hours Service
• Call Transfer • Soft phone features
• Call Waiting • Consistent and excellent voice quality
• Calling Line ID Name and Number • Toll Charges, classes of service for Toll restriction
• Multiple Calls per Line Appearance • Make/ Drop Conference
• Call Waiting Caller ID Name and Number • Add On Conference
SECTION 4 ‐PRICING SCHEDULE:
Provide a pricing matrix for all equipment and services, including switches,
telephones, telephone cabling, labor, etc. All prices on equipment must be itemized.
The pricing must also reflect the cost of taxes, shipping, and handling or any other
costs of implementation. Additionally, City reserves the right to purchase all or
some of the proposed solution.
City wishes to ascertain any/all maintenance costs and the length of the warranty
on the system. The maintenance cost should include the all‐inclusive hourly charge
rates (during specified hours), any travel expenses to be reimbursed, the
percentage of mark up on any materials.
SECTION 5 ‐QUESTIONS TO VENDORS:
Please include in your application your responses to the questions asked below:
1. Introduction
a. Describe the full network assessment you will provide.
We will install an AppNeta network probe that will monitor the traffic for a
week to provide an in-depth view of the network health.
With AppNeta, we will provide a network assessment/monitor for issues
specific to VoIP and video connections as calls traverse your network, WAN
and third-party networks. AppNeta voice assessments rely on continuous
monitoring and diagnostic techniques to infer voice quality. They are ideal
for checking existing deployments for issues, but can also be used to test the
suitability of a network in advance of a VoIP deployment.
Identify common problems:
Insufficient network capacity
Latency issues
QoS alterations
Poor ISP connection
Bad call quality
Problems We Solve
Ensure the Best Call Quality
AppNeta proactively monitors voice and video traffic by continuously
measuring capacity, latency, voice loss and voice jitter over the wire
between locations. AppNeta gives you a real-time view of end-user
experience using methodologies that allow for deep diagnostics. AppNeta
also tracks the industry-standard mean opinion score (MOS) for
up-to-the-minute detail on call quality. Set thresholds for any metric to alert
you when quality is falling, and fix issues before users even notice.
Cut Congestion on the Line
AppNeta measures network capacity continuously between call source and
destination to identify drops in performance during peak utilization times.
See which users are experiencing issues and drill down by users, hosts,
applications or conversations. With voice assessments many paths can be
tested simultaneously with only minor bandwidth consumption. For more
detail, users can trigger voice tests, which utilize the same application layer
protocols and codecs that are used in an actual voice call. Voice tests can
test over one hundred concurrent voice calls and are best used to measure
voice performance between sites—perhaps across an MPLS WAN link or a
trunk between buildings. With the same tests AppNeta can gather in-depth
networks such as packet reorder and discards.
Diagnose Problems With ISP Connections and QoS
Proactively pinpoint performance issues that are causing call degradation,
whether the root cause is in the local network, wider internet or provider.
Monitor quality of service (QoS) to identify when demoted priority is the
source of pain. AppNeta gives you the ability to generate traffic with the
DSCP markings you need to verify or stress a network.
How AppNeta Monitors Video and VoIP
AppNeta uses synthetic voice and video traffic sent over the wire in a
continuous lightweight packet train. This is based on our TruPath™
technology and allows AppNeta to monitor networks in production and
proactively alert based on customizable thresholds for MOS, voice loss and
voice jitter. Plus, our technology supports a variety of codecs and protocols.
When issues are detected, diagnostic tests are automatically triggered to
identify the root cause. Measure quality across the entire enterprise with
AppNeta's industry-leading solution for VOIP and video.
b. Indicate your ability to perform the cable installation and connections.
We will use cable test equipment as required to validate the cable issue. As
stated in the RFP questions vendor is only responsible for the patch cord
from the wall jack to the IP handset. This further trouble shooting from the
Wall jack to the MDF/IDF can be provided on an hourly or project basis.
2. Required Services
a. Indicate your plan of action to perform and experience in performing the 911
services
Wildix can send 911 from any location to any trunk with any caller ID name/number you would wish
for. Other than that, it is the partners responsibility to work with the SIP carrier in regards to E911/PSAP
setup. If you need to send different caller ID's for different buildings, assign users in
each building to separate dial-plans so that they can send unique caller IDs for each
building or group of users.
b. Describe your solution to the Call Accounting System
The Wildix system uses CDR View. Wildix CDR-View is an extension of Wildix
Collaboration, it serves to monitor in real time the call activity of the employees and provides
online and offline reports related to the number of calls, costs, call duration, usage of trunks,
etc, and allows you to analyze the activity of call agents and response groups. See the link below
for the document.
Wildix CDR View User Guide
c. Describe your solution to comply with City’s proposed Unified Messaging and migration to VoIP and
Office 365 2016 Wildix integration with Outlook/Office 365.
• Contacts import from Outlook / Exchange 2010-2013 / Office 365
• Click-to-call feature: generate calls via your company PBX directly from Outlook using Wildix
TAPI driver.
• View name of caller if the number is inside Outlook phonebook
• Outlook calendar sync: based on the events of your Outlook calendar, your colleagues can see
when you are out of office / not available / busy; system routes incoming calls based on your
Outlook calendar events status
See the link below for a description.
Wildix Outlook Integration
3. Training
a. Indicate your comprehensive training solution to train City employees. Indicate if
this is a “train the trainer” implementation.
b. Indicate your comprehensive training solution to train employees, with
recommendations relative to staff time requirements.
c. Provide a complete list of off‐premise training classes including description, time
required, location and target audience. Are the costs for these serviced in the price
schedule Included in Wildix monthly investment
d. Provide a summary of in‐house training for end users. Unlimited, see below.
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e. Indicate the number of manuals and operation handbooks to be provided to each
employee on site at each location, at no additional cost to City
f. Indicate the method that City will use to obtain additional manuals and /or
handbooks.
TRAINING
At Voice Smart Networks, every system we install is designed with the customer in mind, and is intrinsically
easy to use. However, effective implementation and acceptance of any new office system requires a
structured, ongoing training program. Voice Smart Networks’ staff of highly trained customer service
representatives’ work with each customer to develop a training program designed to maximize the potential of
your system and your staff.
How It Works
Prior to installation, the Project Manager (PM) assigned to your account will contact you to discuss the scope of
the training service and material available, and to work with you to create an effective learning experience for
your staff. General user training usually consists of classes at your facility conducted in groups of approximately
eight to ten employees who all share similar job duties, or who will be using the same type of telephone. The
functionality of the system will be thoroughly discussed, activation of various features will be demonstrated, and
employees will receive hands-on operation experience. Each employee will also receive a User Guide to keep
for future reference.
❖ General Telephone & Voicemail Training (4 classes per day, max) 1.5 hours
Suggested class times: 8:30am, 10:30am, 1:00pm, 3:00pm
❖ Administrative Training (4-6 users) 2.0 hours
Suggested class time: 1 week post install
❖ Peripheral WebEx User Training (4-6 users) 2.0 hours
Suggested class time: 1 week post install
Your main system operator and back-ups serve as your telephone “front door”, and their ability to answer and
process incoming calls is critical. These staff members will receive special attention to ensure their complete
familiarity and confidence with the system.
On the day of final installation and activation, the PM will be on-site to assist operators in processing “live” calls,
and will be available to the rest of the staff for questions and follow-up.
ADDITIONAL TRAINING
Wildix Administration Training
This instructor-led training, is designed for any staff who are responsible for the configuration and ongoing
support of the Wildix system.
What You Will Learn
• Understand your systems configuration
• Configuring Users
• Configures menus
• Configure Groups
• Configure IP phones
• Perform ongoing maintenance
4. Feature Set
a. A list of features was provided in Section 3, Scope of Service that outlined
the “Feature Set.” Please indicate your inability to furnish a feature by
listing it out. In addition, as this is not a complete list, please indicate any
additional features that you feel are important for City to note.
Wildix Brochure with feature set included. Meets and exceeds
requested feature set
5. Single Point of Responsibility / Accountability
City’s expectation is to have a single point of contact, i.e. a single point of authority
and a single contracting entity for this project. This is of a critical nature for this RFP;
a contract will NOT be awarded to a vendor who does not have this single point of
accountability. Indicate your understanding and compliance with this requirement.
6. Technical Requirements
a.Provide required / recommended connectivity to implement the proposed
solution and pricing for recommended connectivity.
We recommend SIP trunks that are priced into our solution.
b.Provide a complete system design and methodology for assuring
system wide voice quality.
See attached Visio. VSN will also assure that best practices for QoS
have been implemented in the switches and firewall. The price to
implement these changes to the existing infrastructure is not included as
the RFP question response states that they have been implemented.
c.Recommend and illustrate equipment to be installed by City d.Provide a
solution to redundancy / failover in case of system wide
failure, ensuring that the system is operational.
• Install onsite PBX for failover, while also recommending a
secondary internet connection for connectivity failover in the event
of a carrier outage.
Wildix Cloud together with WMS Network makes sure you can continue
working even when offline. This multisite solution already used by banks,
chain stores, hospitals and highways, ensures continuity of services in all
the branch offices, even in the most critical situations.
How does it work?
The Server PBX of the WMS Network is situated in the Cloud. You can
connect as many Client PBXs as you wish and anywhere you need, to the
Server. The Clients are connected to the Server and to all the other
reachable Clients.
The users database and the ACLs (Access Control Lists) are synced all
over the network.
Calls, chat, video and presence information is transmitted from Client to
Client. In cases when direct communication between the Client PBXs is
impossible, the Server PBX is used as proxy.
e.VoIP will require specialized training for system administration staff. Vendor
will supply ALL additional equipment and software for system programing
and operation. Indicate your solution to this requirement.
Agreed and complied
f. System security features need to be built in allowing the administrator to
remotely assess all levels of users. Indicate your ability to provide this level
of security.
Agreed and complied
g.Provide documentation showing call handling and device addressing schemas,
initial equipment inventory for each location including model/serial numbers,
switches, routers, and other relevant equipment.
Agreed and complied
h.The vendor‐‐‐provided project manager for installation and continuing contact
with the vendor is a critical position. City wishes to be able to meet and
interview this person as part of any finalist interview. Please indicate
concurrence with this philosophy.
Agreed and complied
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i. Vendor will provide below a complete listing of maintenance and support
services indicated and the range of services offered.
7. General Questions
a. How many years has your company been in business? How long have you been
providing telephone systems? What is your company’s primary line of business?
• Voice Smart Networks has been in business providing leading edge technology in the
telecom and IT space for over 36 years.
• We have been providing telephone systems since inception, dating back to 1982.
• Our primary line of business has always been phone systems, but with the advent of VOIP
phone systems, we developed an expertise around converged networks because we realized
that voice and data were beginning to run across the same network. Those experiences lead
us down a path towards a deep understanding of the IT systems, and computer
networking, to coincide with our expertise with phone systems. That experience is critical
to achieving a successful hosted phone system installation, which ensures that QOS
(Quality of Service) is paramount.
b. Provide a brief overview of your company (furnish your business philosophy,
mission statement, management structure, organization chart, etc.).
• Voice Smart Networks will help you reach maximum productivity through the effective
use of unified communications technology, while ensuring proper Quality of Service.
Over the past 36 years, we have been building a team of professional voice and data
specialists committed to the highest levels of customer support throughout Southern
California. Since education and integrity drives our success, we’re able to take a proactive
approach to solving our customers problems through the implementation of leading edge
technology. Throughout the years, we’ve learned that our customers appreciate this type
of proactive approach to solving their problems. VSN is diligent in understanding its
customers’ strategic business goals in order to supply solutions that maximizes
productivity while providing cost savings through the efficiencies discovered with new
technology.
• A core part of our ability to continue providing leading edge technology since inception is
that we’ve ensured our technical staff undergoes rigorous factory training on a regular
basis from a select group of manufacturers and partners. Our engineers are constantly
kept up-to-date on the latest product and service innovations, as the technology landscape
continues to evolve. Installation and training personnel maximize system performance by
working with customers to achieve optimum user convenience and operational efficiency.
• Voice Smart Networks understands the critical role a telephone system plays in the smooth
operation, growth and success of every business. By working with each customer to
establish a telecommunications strategy based on the highest quality product and service
standards, Voice Smart Networks ensures optimum return on your telecommunications
investment, providing a reliable solution that keeps your business one step ahead.
c. How many employees do you have? What is the total years’ experience your
employees have in this profession; what is the average?
• We have a dedicated team of 22 people serving our clients
• If we were to total up all the years of experience with our team members it would be well
over 200 years
• The average across the team is 15 years.
d. State the type of ownership of your company. Give the state and date of your
incorporation if applicable. List headquarters and regional / full‐service /office
locations, and website address.
• Voice Smart Networks was established in 1982 and it is a LLC formed in Delaware.
• We have Offices in Ventura, Los Angeles, Orange County, and San Diego. Our headquarters is
the Ventura office. www.voicesmartnetworks.com
e. Provide the key contact name, title, address, telephone and fax numbers. Also
identify the person(s) authorized to contractually bind the organization. Provide
resumes for owners and key sales personnel.
• Dale Stein - Managing Partner (Has authority to sign binding contracts)
co-founded Technology Assurance Group (TAG), an organization of leading
managed technology services providers (MTSPs) in North America
representing $350 million in products and services, and currently serves
as a partner. Dale served as CEO of INET, Inc., one of the country's most
successful telecommunication companies. Under his leadership, INET
achieved over $3 Million per annum in internal sales growth and became
the number 1 distributor of Mitel products in North America averaging $18
Million in business. The company was acquired by a public CLEC in 2000.
Dale also founded Westec Security Corporation and served as its CEO.
While there, he grew the private security company to more than $30
Million in annual revenues and at time of sale the company had 22,000
homes protected in Southern California and 36 distributors nationwide.
• Mark – Managing Partner (has authority to sign binding contracts) 805
677 7333 4840 Market Street Ventura CA 93003.
Mark Wadnizak is Founder and President of Voice Smart Networks,
Southern California’s leading unified communications provider since
1983. Educated in England at London University Mark is responsible for
guiding the company’s strategic direction, expanding the organization’s
offering with cutting edge technology, and developing programs and
services that continually drive the profitability and competitive
advantages of Voice Smart Networks’ customers. Mark also founder
Xenium Communications in 1987 a leading CTI company partnering
with Mitel and winning many awards.
• Brit VP of Operations 805 677 7328 14271 Jeffrey Road #104, Irvine
CA 92620.
Over 25 years’ experience in the communications and IT industry.
Held senior management positions for Interactive Intelligence a leader
in call center solutions, Education Specialist II World Wide Sales with
Cisco Systems and held other management positions with Standard Tel,
INET and Inter-Tel.
• Jeff Technical Manager 805 677 7335 4840 Market Street Ventura CA
93003.
Holds a BS in computer science with over 18 years’ experience in the
communications and IT industry. Holds many industry cerifications
including Cisco CCNA, VMware VCP, Mitel, Zultys and Adtran ATSP.
f. Please provide status of any current or pending litigation against your company that
might affect your ability to deliver the services that you offer.
• There is no pending litigation against Voice Smart Networks.
g. Do you anticipate that your company will be acquired in the foreseeable future? Is
your company planning to acquire any other companies? If yes, please provide the
names of the companies and the nature of the business.
• We have no desire to be acquired, nor do we have plans to acquire other businesses.
• We have no desire to be acquired, however we do look at opportunities to acquire other MSP’s
that add to our market share under an NDA.
h. Include names of three (3) current customers (title and phone numbers) that have
had installations like that described in this RFP and a letter of recommendation from
each.
• City of Dalhart, TX - about 50 -60 users
Brent Walker
Phone: 806-244-5511
Email: bawalker@dalharttx.gov
• 141 municipalities aggregation in France
http://www.vitrociset.it/press-media-articolo/id/1017/inps-maeci-e-anas-verso-l-unified-commu
nication-&-collaboration-di-vitrociset
• The Italian government (INPS) 45,000 seat deployment.
• Vermont Municipality -pending installation
i. Please include reference names of former customers, if any, (title and phone
numbers) and the reasons for disengagement of your services.
j. What type of insurance coverage do you carry? Describe the amount of coverage.
• We have a commercial general liability policy with $1,000,000 coverage.
• We also have $1,000,000 in E&O insurance- Errors & Omissions insurance includes
coverage for network security liability, privacy liability, privacy notification costs, crises
management expenses and regulatory defense and penalties.
k. Describe any other value‐added services your company can provide.
• SD-Wan with InSpeed, for next level QOS and redundancy
• Telco Audits, sourcing connectivity options, and full management of carrier services
• Full Managed Technology Service Provider (MTSP) monitoring and support with full
reporting
• Cyber Security with Security Operation Center (SOC)
o Dark Web Monitoring
• 8. Summary a.Explain in one page or less how your solution will differentiate you from other
vendors and why we should choose you as our successful vendor. List the unique features that give
your company a competitive edge in the telephony industry
• 36 successful years in providing leading edge technology and innovation in Voice and IT
services, throughout southern California.
o Innovation includes
▪ Introduced Hosted VOIP technology 14 years ago
▪ First to market with SIP
▪ First to market with SD-WAN technology
▪ 20 plus years as an agent for all national and regional carrier services
▪ Innovative MSP and cloud services provider for the past 12 years
▪ Have a full service Cyber Security division
▪ Introduction of Wildix with Web-RTC technology (Game changer)
▪ Through the utilization and the implementation of these services, we bring a
positive ROI solution to our clients.
• Furthermore, with our experience in the industry, based on the size of
your municipality and number of users, we would assume that the
monthly cost of phones services is roughly $2,500 to $3,500. If this is
the case, then we expect to eliminate the majority of that bill through
our proses services with SIP paths to replace PRI.
• Member of Technology Assurance Group (TAG)
o We do-
▪ $350 Million in product and services, per year.
o We have-
▪ 300,000 plus nationally and internationally customers as a group
o We are-
▪ Located in 132 cities throughout united states and into Canada
▪ Recipient of national recognition through our awards
• As a result of being a part of TAG, Voice Smart Networks had the exclusive opportunity to
identify a dominate international VOIP manufacturer in Wildix. A pioneer in the
Telecommunications industry, was the first company to fully integrate WebRTC for direct
audio and video communication support in the web browser without the need to install any
software of configure VPN’s. Wildix is brilliantly simple and intuitive-employees without
technical background start using even the most advanced functionality, without
frustration.
This will be the last phone system that the City of La Quinta will ever have to invest in. We look forward to
having the opportunity to explain our proposed solution in detail, to prove a positive ROI for the city of La
Quinta.
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and
entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal
corporation, and _________________________, a _________________________
[insert type of business entity, e.g. sole proprietorship, California Limited Liability
Corporation, etc.] (“Contracting Party”). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to
_________________________________, Project No. ____NA___________, as
specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated
herein by this reference (the “Services”). Contracting Party represents and warrants
that Contracting Party is a provider of first-class work and/or services and Contracting
Party is experienced in performing the Services contemplated herein and, in light of
such status and experience, Contracting Party covenants that it s hall follow industry
standards in performing the Services required hereunder, and that all materials, if
any, will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase “industry standards” shall mean those standards of practice
recognized by one or more first-class firms performing similar services under similar
circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of
the City and any Federal, State, or local governmental agency of competent
jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party shall obtain at its sole cost and expense such licenses,
permits, and approvals as may be required by law for the performance of the Services
required by this Agreement, including a City of La Quinta business license.
Contracting Party and its employees, agents, and subcontractors shall, at their sole
cost and expense, keep in effect at all times during the term of this Agreement any
licenses, permits, and approvals that are legally required for the performance of the
Services required by this Agreement. Contracting Party shall have the sole obligation
to pay for any fees, assessments, and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the performance of
the Services required by this Agreement, and shall indemnify, defend (with counsel
selected by City), and hold City, its elected officials, officers, employees, and agents,
free and harmless against any such fees, assessments, taxes, penalties, or interest
levied, assessed, or imposed against City hereunder. Contracting Party shall be
responsible for all subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if
any, and fully acquainted itself with the conditions there existing, (c) it has carefully
considered how the Services should be performed, and (d) it fully understands the
facilities, difficulties, and restrictions attending performance of the Services under this
Agreement. Should Contracting Party discover any latent or unknown conditions
materially differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not proceed
except at Contracting Party’s risk until written instructions are received fro m the
Contract Officer (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Contracting Party’s work will be
held to an industry standard of quality and workmanship. Consistent with Section
1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills
and abilities to satisfy the industry standard of quality as set forth in this Agreement.
Contracting Party shall adopt reasonable methods during the life of this Agreement to
furnish continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the Services by City, except such losses or damages as may be caused
by City’s own negligence. The performance of Services by Contracting Party shall not
relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or
defective work at no further cost to City, when such inaccuracies are due to the
negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in
the Scope of Services (“Additional Services”) only when directed to do so by the
Contract Officer, provided that Contracting Party shall not be required to perform any
Additional Services without compensation. Contracting Party shall not perform any
Additional Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from the
Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or
(ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of Contracting Party. It is expressly understood by Contracting
Party that the provisions of this Section shall not apply to the Services specifically set
forth in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional Services
shall be barred and are unenforceable. Failure of Contracting Party to secure the
Contract Officer’s written authorization for Additional Services shall constitute a
waiver of any and all right to adjustment of the Contract Sum or time to perform this
Agreement, whether by way of compensation, restitution, quantum meruit, or the
like, for Additional Services provided without the appropriate authorization from the
Contract Officer. Compensation for properly authorized Additional Services shall be
made in accordance with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in “Exhibit D” (the “Special
Requirements”), which is incorporated herein by this reference and expressly made a
part hereof. In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the
Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule
of Compensation”) in a total amount not to exceed
______________________________ Dollars ($____________) (the “Contract
Sum”), except as provided in Section 1.7. The method of compensation set forth in
the Schedule of Compensation may include a lump sum payment upon completion,
payment in accordance with the percentage of completion of the Services, payment
for time and materials based upon Contracting Party’s rate schedule, but not
exceeding the Contract Sum, or such other reasonable methods as may be specified
in the Schedule of Compensation. The Contract Sum shall include the attendance of
Contracting Party at all project meetings reasonably deemed necessary by City;
Contracting Party shall not be entitled to any additional compensation for attending
said meetings. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense, and
similar costs and expenses when and if specified in the Schedule of Compensation.
Regardless of the method of compensation set forth in the Schedule of Compensation,
Contracting Party’s overall compensation shall not exceed the Contract Sum, except
as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes
to receive payment, Contracting Party shall submit to City no later than the tenth
(10th) working day of such month, in the form approved by City’s Finance Director,
an invoice for Services rendered prior to the date of the invoice. Such invoice shall
(1) describe in detail the Services provided, including time and materials, and (2)
specify each staff member who has provided Services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Contracting Party specifying that the payment requested is for
Services performed in accordance with the terms of this Agreement. Upon approval
in writing by the Contract Officer and subject to retention pursuant to Section 8.3,
City will pay Contracting Party for all items stated thereon which are approved by City
pursuant to this Agreement no later than thirty
(30) days after invoices are received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in advance by
the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an
amount agreed to in writing by both City and Contracting Party in advance of the
Additional Services being rendered by Contracting Party. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract Sum may
be approved by the Contract Officer. Any greater amount of compensation for
Additional Services must be approved by the La Quinta City Council, the City
Manager, or Department Director, depending upon City laws, regulations, rules and
procedures concerning public contracting. Under no circumstances shall Contracting
Party receive compensation for any Additional Services unless prior written approval
for the Additional Services is obtained from the Contract Officer pursuant to Section
1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City
will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in “Exhibit C” (the
“Schedule of Performance”). Extensions to the time period specified in the Schedule
of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of Contracting Party, including, but not restrict ed to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency other
than City, and unusually severe weather, if Contracting Party shall within ten (10)
days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the Services for the period of the forced
delay when and if in the Contract Officer’s judgment such delay is justified, and the
Contract Officer’s determination shall be final and conclusive upon the parties to this
Agreement. Extensions to time period in the Schedule of Performance which are
determined by the Contract Officer to be justified pursuant to this Section shall not
entitle the Contracting Party to additional compensation in excess of the Contract
Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of
this Agreement, the term of this agreement shall commence on _________, ____,
20__ and terminate on ____________, ___ 20___ (“Initial Term”). This Agreement
may be extended for _____ additional year(s) upon mutual agreement by both
parties (“Extended Term”).
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party (“Principals”) are hereby designated as being the principals and representatives
of Contracting Party authorized to act in its behalf with respect to the Services
specified herein and make all decisions in connection therewith:
(a) E-mail:
(b)
E-mail:
(c)
E-mail:
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing Principals shall be responsible during
the term of this Agreement for directing all activities of Contracting Party and
devoting sufficient time to personally supervise the Services hereunder. For
purposes of this Agreement, the foregoing Principals may not be changed by
Contracting Party and no other personnel may be assigned to perform the Services
required hereunder without the express written approval of City.
4.2 Contract Officer. The “Contract Officer” shall be ____________________
or such other person as may be designated in writing by the City Manager of City. It
shall be Contracting Party’s responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the Services, and Contracting Party
shall refer any decisions, that must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement.
Except as set forth in this Agreement, Contracting Party shall not contract or
subcontract with any other entity to perform in whole or in part the Services required
hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered, voluntarily or by operation of law, without the prior
written approval of City. Transfers restricted hereunder shall include the transfer to
any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Contracting Party, taking all
transfers into account on a cumulative basis. Any attempted or purported
assignment or contracting or subcontracting by Contracting Party without City’s
express written approval shall be null, void, and of no effect. No approved transfer
shall release Contracting Party of any liability hereunder without the express consent
of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Contracting Party, its agents,
or its employees, perform the Services required herein, except as otherwise set forth
herein. City shall have no voice in the selection, discharge, supervision, or control of
Contracting Party’s employees, servants, representatives, or agents, or in fixing their
number or hours of service. Contracting Party shall perform all Services required
herein as an independent contractor of City and shall remain at all times as to City a
wholly independent contractor with only such obligations as are consistent with that
role. Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not in any
way or for any purpose become or be deemed to be a partner of Contracting Party in
its business or otherwise or a joint venture or a member of any joint enterprise with
Contracting Party. Contracting Party shall have no power to incur any debt,
obligation, or liability on behalf of City. Contracting Party shall not at any time or in
any manner represent that it or any of its agents or employees are agents or
employees of City. Except for the Contract Sum paid to Contracting Party as provided
in this Agreement, City shall not pay salaries, wages, or other compensation to
Contracting Party for performing the Services hereunder for City. City shall not be
liable for compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other City,
state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting
Party and any of its employees, agents, and subcontractors providing services under
this Agreement shall not qualify for or become entitled to any compensation, benefit,
or any incident of employment by City, including but not limited to eligibility to enroll
in the California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions
and/or employee contributions for PERS benefits. Contracting Party agrees to pay all
required taxes on amounts paid to Contracting Party under this Agreement, and to
indemnify and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor relationship
created by this Agreement. Contracting Party shall fully comply with the workers’
compensation laws regarding Contracting Party and Contracting Party’s employees.
Contracting Party further agrees to indemnify and hold City harmless from any failure
of Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to Contracting
Party under this Agreement any amount due to City from Contracting Party as a result
of Contracting Party’s failure to promptly pay to City any reimbursement or
indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party
represents that the Services required herein will be performed by Contracting Party or
under its direct supervision, and that all personnel engaged in such work shall be fully
qualified and shall be authorized and permitted under applicable State and local law
to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans, publications,
reports, statistics, records, or other data or information pertinent to the Services to
be performed hereunder which are reasonably available to Contracting Party only
from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement
and throughout the duration of the term of this Agreement, Contracting Party shall
procure and maintain, at its sole cost and expense, and submit concurrently with its
execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the
“Insurance Requirements”) which is incorporated herein by this reference and
expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to
Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency’s Risk Manager prior to commencement
of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in
“Exhibit F” (“Indemnification”) which is incorporated herein by this reference and
expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer such reports concerning Contracting Party’s performance of the
Services required by this Agreement as the Contract Officer shall require.
Contracting Party hereby acknowledges that City is greatly concerned about the cost
of the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or decrease
the cost of the Services contemplated herein or, if Contracting Party is providing
design services, the cost of the project being designed, Contracting Party shall
promptly notify the Contract Officer of said fact, circumstance, technique, or event
and the estimated increased or decreased cost related thereto and, if Contracting
Party is providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to
the disbursements charged to City and the Services performed hereunder (the “Books
and Records”), as shall be necessary to perform the Services required by this
Agreement and enable the Contract Officer to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance
with generally accepted accounting principles and shall be complete and detailed.
The Contract Officer shall have full and free access to such Books and Records at all
times during normal business hours of City, including the right to inspect, copy, audit,
and make records and transcripts from such Books and Records. Such Books and
Records shall be maintained for a period of three (3) years following completion of the
Services hereunder, and City shall have access to such Books and Records in the
event any audit is required. In the event of dissolution of Contractin g Party’s
business, custody of the Books and Records may be given to City, and access shall be
provided by Contracting Party’s successor in interest. Under California Government
Code Section 8546.7, if the amount of public funds expended under this Agreement
exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records,
documents, and other materials plans, drawings, estimates, test data, survey results,
models, renderings, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings, digital
renderings, or data stored digitally, magnetically, or in any other medium prepared or
caused to be prepared by Contracting Party, its employees, subcontractors, and
agents in the performance of this Agreement (the “Documents and Materials”) shall
be the property of City and shall be delivered to City upon request of the Contract
Officer or upon the expiration or termination of this Agreement, and Contracting Party
shall have no claim for further employment or additional compensation as a result of
the exercise by City of its full rights of ownership use, reuse, or assignment of the
Documents and Materials hereunder. Any use, reuse or assignment of such completed
Documents and Materials for other projects and/or use of uncompleted documents
without specific written authorization by Contracting Party will be at City’s sole risk
and without liability to Contracting Party, and Contracting Party’s guarantee and
warranties shall not extend to such use, revise, or assignment. Contracting Party may
retain copies of such Documents and Materials for its own use.
Contracting Party shall have an unrestricted right to use the concepts embodied
therein. All subcontractors shall provide for assignment to City of any Documents and
Materials prepared by them, and in the event Contracting Party fails to secure such
assignment, Contracting Party shall indemnify City for all damages resulting
therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City
reuses said Documents and Materials without written verification or adaptation by
Contracting Party for the specific purpose intended and causes to be made or makes
any changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said
change. The provisions of this clause shall survive the termination or expiration of
this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied
in the Documents and Materials. Contracting Party shall require all subcontractors, if
any, to agree in writing that City is granted a non-exclusive and perpetual license for
the Documents and Materials the subcontractor prepares under this Agreement.
Contracting Party represents and warrants that Contracting Party has the legal right
to license any and all of the Documents and Materials. Contracting Party makes no
such representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or provided to
Contracting Party by City. City shall not be limited in any way in its use of the
Documents and Materials at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City’s sole risk.
7.6 Release of Documents. The Documents and Materials shall not be released
publicly without the prior written approval of the Contract Officer or as required by
law. Contracting Party shall not disclose to any other entity or person any
information regarding the activities of City, except as required by law or as authorized
by City.
7.7 Confidential or Personal Identifying Information. Contracting Party covenants that
all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion
notes, or other information, if any, developed or received by Contracting Party or
provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Contracting Party to any person or entity without prior written
authorization by City or unless required by law. City shall grant authorization for
disclosure if required by any lawful administrative or legal proceeding, court order, or
similar directive with the force of law. All City data, data lists, trade secrets,
documents with personal identifying information, documents that are not public
records, draft documents, discussions, or other information shall be returned to City
upon the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with the
laws of the State of California. Legal actions concerning any dispute, claim, or
matter arising out of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contracting Party covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting
a claim therefore. The injured party shall continue performing its obligations
hereunder so long as the injuring party commences to cure such default within ten
(10) days of service of such notice and completes the cure of such default within
forty-five (45) days after service of the notice, or such longer period as may be
permitted by the Contract Officer; provided that if the default is an immediate danger
to the health, safety, or general welfare, City may take such immediate action as City
deems warranted. Compliance with the provisions of this Section shall be a condition
precedent to termination of this Agreement for cause and to any legal action, and
such compliance shall not be a waiver of any party’s right to take legal action in the
event that the dispute is not cured, provided that nothing herein shall limit City’s right
to terminate this Agreement without cause pursuant to this Article 8.0. During the
period of time that Contracting Party is in default, City shall hold all invoices and
shall, when the default is cured, proceed with payment on the invoices. In the
alternative, City may, in its sole discretion, elect to pay some or all of the outstanding
invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities,
or damages it reasonably believes were suffered by City due to the default of
Contracting Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed
as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s
consent or approval shall not be deemed to waive or render unnecessary City’s
consent to or approval of any subsequent act of Contracting Party. Any waiver by
either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same o r
different times, of any other rights or remedies for the same default or any other
default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement,
to obtain declaratory or injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
8.7 Termination Prior To Expiration Of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section
for termination for cause. City reserves the right to terminate this Agreement at any
time, with or without cause, upon thirty
(30) days’ written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder except
such as may be specifically approved by the Contract Officer. Contracting Party sh all
be entitled to compensation for all Services rendered prior to receipt of the notice of
termination and for any Services authorized by the Contract Officer thereafter in
accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting
Party shall vacate any City-owned property which Contracting Party is permitted to
occupy hereunder and City may, after compliance with the provisions of Section 8.2,
take over the Services and prosecute the same to completion by contract or
otherwise, and Contracting Party shall be liable to the extent that the total cost for
completion of the Services required hereunder exceeds the compensation herein
stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Contracting Party for the purpose of setoff or
partial payment of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other
relief which may be granted, whether legal or equitable, shall be entitled to
reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded
pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing party in the
conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal,
and in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery, and
all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and
shall be enforceable whether or not such action is prosecuted to judgment. The court
may set such fees in the same action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting
Party, or any successor in interest, in the event or any default or breach by City or for
any amount which may become due to Contracting Party or to its successor, or for
breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, has or shall acquire any interest, directly or indirectly, which
would conflict in any manner with the interests of City or which would in any way
hinder Contracting Party’s performance of the Services under this Agreement.
Contracting Party further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee,
agent, or subcontractor without the express written consent of the Contract Officer.
Contracting Party agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this
Agreement.
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. Contracting
Party warrants that it has not paid or given and will not pay or give any third party
any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or
group of persons on account of any impermissible classification including, but not
limited to, race, color, creed, religion, sex, marital status, sexual orientation, national
origin, or ancestry in the performance of this Agreement. Contracting Party shall
take affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or any other
person shall be in writing and either served personally or sent by prepaid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated forty-eight (48) hours from the time of mailing if mailed as provided in
this Section.
To City: To Contracting Party:
CITY OF LA QUINTA Attention: [insert Contract Officer – Director decides] 78-495
Calle Tampico La Quinta, California 92253
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule
of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or
otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one
and the same instrument
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting
this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall
be valid unless made in writing and approved by Contracting Party and by the City
Council of City. The parties agree that this requirement for written modifications
cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect
any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of
this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material
that its invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
§ 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, services, or materials related to this Agreement. This assignment shall be
made and become effective at the time City renders fi nal payment to Contracting
Party without further acknowledgment of the parties.
10.9 No Third Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third-party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations
hereunder.
10.10Authority. The persons executing this Agreement on behalf of each of
the parties hereto represent and warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf
of said party, (iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding upon the
heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
(DIRECTOR TO DETERMINE IF THE FOLLOWING IS TO BE FOLLOWED OR DELETED:)
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED ON CONTRACTS,
AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC.
· IP‐based Voice capabilities and Intelligent
Network Infrastructure · Support/Service Capabilities
· Reliability · Scalability
· Voice Quality · System Longevity
· Experience and References · Simplicity of Installation
· Voice Messaging · Training and Usage
· System Administration · Failover/emergency backup op
• Automatic call back • Find Me/Follow Me
• Unified Communication • Group Call Pickup
• Call Waiting • Fax/eFax Management/Fax to email/Fax Server
• Call Forward Busy / No Answer / All Calls • Remote Maintenance / Administration
• Call Redirect • Voice Mail
• Call Hold / Release • Voice Mail forward to Email
• Call Park / Pickup • Night/ After Hours Service
• Call Transfer • Soft phone features
• Call Waiting • Consistent and excellent voice quality
• Calling Line ID Name and Number • Toll Charges, classes of service for Toll restriction
• Multiple Calls per Line Appearance • Make/ Drop Conference
• Call Waiting Caller ID Name and Number • Add On Conference
• Prime Line Select • Conference bridging for internal and external
• Shared Extension on Multiple Phones • Automatic alternate routing
• Bridged Call Appearances • Call forward capability to external numbers
• Speaker Phone Capable • SMDR (Station Message Detailed Report)
• Auto / Speed Dial • Music on Hold
• Programmable Buttons w/ paperless labels • Voice Mail Light Indicator
• Paging & Group Paging • Remote Handsets
• Direct Inward Dial (DID) • Voice over VPN
• Extension Dialing between Locations • Integration with leading smart phones & tablets
(enterprise support & products for mobile)
• Automatic Call Distribution (ACD) Groups • SIP Client Capable
• Custom Call Routing (CCR) • Call Recording
Phones
Site Phone Counts
City Hall 140
City Library 1
City Yard 4
Museum 4
Senior Center 10
Grand Total 159
Switches
Model Count
Shoretel 4/80 10
CITY OF LA QUINTA, CONTRACTING PARTY:
a California Municipal Corporation By:
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTING PARTY’S BUSINESS ENTITY.
Exhibit A Scope of Services
1 Services to be Provided: [TO BE PROVIDED BY STAFF (include location of
work)]
2 Performance Standards:
[TO BE PROVIDED BY STAFF] OR [See Attached]
Exhibit A Page 1 of 5 Last revised summer 2017
ADDENDUM TO AGREEMENT Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation,
repair, or maintenance affecting real property or structures or improvements of any
kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public
works and maintenance projects, as described in this Section 1.3, Contracting Party
shall comply with applicable Federal, State, and local laws. Contracting Party is
aware of the requirements of California Labor Code Sections 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section
3.12.040, which require the payment of prevailing wage rates and the performance of
other requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance” project,
as defined by the Prevailing Wage Laws, and if construction work over twenty-five
thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or
after January 1, 2015 by this Agreement,, Contracting Party agrees to fully comply
with such Prevailing Wage Laws including, but not limited to, requirements related to
the maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with the
California Department of Industrial Relations (“DIR”) at the time the contract is
awarded. If the Services are being performed as part of an applicable “Public works”
or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is
subject to compliance monitoring and enforcement by the DIR. Contracting Party will
maintain and will require all subcontractors to maintain valid and current DIR Public
Works contractor registration during the term of this Agreement. Contracting Party
shall notify City in writing immediately, and in no case more than twenty-four (24)
hours, after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired, or
otherwise changed. It is understood that it is the responsibility of Contracting Party
to determine the correct salary scale. Contracting Party shall make copies of the
prevailing rates of per diem wages for each craft, classification, or type of worker
needed to execute the Services available to interested parties upon request, and shall
post copies at Contracting Party’s principal place of business and at the project site, if
any. The statutory penalties for failure to pay prevailing wage or to comply with
State wage and hour laws will be enforced. Contracting
Party must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker
who works in excess of the minimum working hours when Contracting Party does not
pay overtime. In accordance with the provisions of Labor Code Sections 1810 et
seq., eight (8) hours is the legal working day. Contracting Party also shall comply
with State law requirements to maintain payroll records and shall provide for certified
records and inspection of records as required by California Labor Code Section 1770
et seq., including Section 1776. In addition to the other indemnities provided under
this Agreement, Contracting Party shall defend (with counsel selected by City),
indemnify, and hold City, its elected officials, officers, employees, and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection
with performance of the Services, including, without limitation, any and all “Public
works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks
of payment or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended from time
to time, and/or any other similar law. Contracting Party acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and
regulations and effectuating compliance with such laws. Contracting Party shall
require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of Article 2.0
of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum
apportionment of the labor and materials incorporated into the Services under this
Agreement during the month covered by said invoice. The remaining five percent
(5%) thereof shall be retained as performance security to be paid to Contracting
Party within sixty (60) days after final acceptance of the Services by the City
Council of City, after Contracting Party has furnished City with a full release of all
undisputed payments under this Agreement, if required by City. In the event
there are any claims specifically excluded by Contracting Party from the operation
of the release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection of existing
main or trunkline utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any
costs incurred in locating, repairing damage not caused by Contracting Party, and
removing or relocating such unidentified utility facilities. Contracting Party shall not
be assessed liquidated damages for delay arising from the removal or relocation of
such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code Section
7104, in the event the work included in this Agreement requires excavations more
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed,
notify City, in writing, of any: (1) material that Contracting Party believes may be
material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal
site in accordance with provisions of existing law; (2) subsurface or latent physical
conditions at the site different from those indicated by information about the site
made available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in work of the character
provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do
materially so differ, or do involve hazardous waste, and cause a decrease or increase
in Contracting Party’s cost of, or the time required for, performance of any part of the
work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contracting Party’s cost of, or time required for, performance of any part
of the work, Contracting Party shall not be excused from any scheduled completion
date provided for by this Agreement, but shall proceed with all work to be performed
under this Agreement. Contracting Party shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services,
Contracting Party shall at all times be in compliance with all applicable local, state,
and federal laws, rules and regulations, and shall exercise all necessary precautions
for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees
and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully required
to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable
for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated
damages for each working day of delay in the performance of any of the Services
required hereunder, as specified in the Schedule of Performance. In addition,
liquidated damages may be assessed for failure to comply with the emergency call
out requirements, if any, described in the Scope of Services. City may withhold from
any moneys payable on account of the Services performed by Contracting Party any
accrued liquidated damages.
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to
Contracting Party under this Agreement is
_______________________($_____________) (“Contract Sum”). The Contract
Sum shall be paid to Contracting Party in installment payments made on a monthly
basis and in an amount identified in Contracting Party’s schedule of compensation
attached hereto for the work tasks performed and properly invoiced by Contracting
Party in conformance with Section 2.2 of this Agreement.
[insert Contracting Party’s schedule of compensation]
Exhibit C Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A
reference].
[
insert Project Schedule]
of this
Agreement, in accordance with the Project Schedule below
Exhibit D Special Requirements
[insert Special Requirements or indicate, “None” if there are none]
Exhibit E Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers
with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation Workers
Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Contracting Party’s acts or omissions rising out of or related to
Contracting Party’s performance under this Agreement. The insurance policy shall
contain a severability of interest clause providing that the coverage shall be primary
for losses arising out of Contracting Party’s performance hereunder and neither City
nor its insurers shall be required to contribute to any such loss. An endorsement
evidencing the foregoing and naming the City and its officers and employees as
additional insured (on the Commercial General Liability policy only) must be
submitted concurrently with the execution of this Agreement and approved by City
prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000
per accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Contracting Party, its officers, any person
directly or indirectly employed by Contracting Party, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out of
or related to Contracting Party’s performance under this Agreement. If Contracting
Party or Contracting Party’s employees will use personal autos in any way on this
project, Contracting Party shall provide evidence of personal auto liability coverage
for each such person. The term “automobile” includes, but is not limited to, a land
motor vehicle, trailer or semi-trailer designed for travel on public roads. The
automobile insurance policy shall contain a severability of interest clause providing
that coverage shall be primary for losses arising out of Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the Contracting Party and “Covered Professional Services” as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must “pay on behalf of” the insured and must include a
provision establishing the insurer’s duty to defend. The policy retroactive date shall be
on or before the effective date of this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability limits no
less than $1,000,000 per accident or disease.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated; (2)
the limits of any of the required polices are reduced; or
(3) the deductible or self-insured retention is increased. In the event any of said
policies of insurance are cancelled, Contracting Party shall, prior to the cancellation
date, submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a limitation of Contracting
Party’s obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or withhold any
payment(s) which become due to Contracting Party hereunder until Contracting Party
demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any
other remedies City may have. The above remedies are not the exclusive remedies
for Contracting Party’s failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any way
the extent to which Contracting Party may be held responsible for payments of
damages to persons or property resulting from Contracting Party’s or its
subcontractors’ performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contracting Party also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party’s employees, or agents, from
waiving the right of subrogation prior to a loss. Contracting Party agrees to waive
subrogation rights against City regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City’s protection without City’s
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Contracting Party’s general liability policy, shall be delivered to
City at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Contracting Party or deducted from
sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other
insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contracting Party
agrees that upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein (with the exception of
professional liability coverage, if required) and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way
involved in the performance of work on the project contemplated by this agreement
to self-insure its obligations to City. If Contracting Party’s existing coverage includes
a deductible or self-insured retention, the deductible or self-insured retention must be
declared to the City. At that time the City shall review options with the Contracting
Party, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting
Party ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contracting Party, the City will
negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contracting Party of noncompliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive
any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contracting Party’s insurance agent to this effect is acceptable. A certificate
of insurance and an additional insured endorsement is required in these
specifications applicable to the renewing or new coverage must be provided to City
within five
(5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to
City, its employees, officials, and agents.
17. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or
all-inclusive.
18. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or
Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss
against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve City.
Exhibit F Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional
standard of care for Contracting Party’s Services, to the fullest extent permitted by
law, Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officials, employees, and agents
(“Indemnified Parties”) from and against any and all claims, losses, liabilities of every
kind, nature, and description, damages, injury (including, without limitation, injury to
or death of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys’ fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, to the extent same are caused in
whole or in part by any negligent or wrongful act, error or omission of Contracting
Party, its officers, agents, employees or subcontractors (or any entity or individual
that Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of public
improvements, the Contracting Party shall not be liable for any injuries or property
damage resulting from the reuse of the design at a location other than that specified
in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law,
Contracting Party shall indemnify, defend (with counsel selected by City), and hold
harmless the Indemnified Parties from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including, without limitation, incidental and consequential damages, court
costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses) incurred in connection therewith and costs of investigation, where the
same arise out of, are a consequence of, or are in any way attributable to, in whole or
in part, the performance of this Agreement by Contracting Party or by any individual
or entity for which Contracting Party is legally liable, including but not limited to
officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any
provision of this agreement, Contracting Party shall not be required to indemnify and
hold harmless City for liability attributable to the active negligence of City, provided
such active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction. In instances where City is shown to
have been actively negligent and where City’s active negligence accounts for only a
percentage of the liability involved, the obligation of Contracting Party will be for that
entire portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove,
the following indemnification provision shall apply to a Contracting Party who
constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of
care for Contracting Party’s Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and
all losses, liabilities of every kind, nature, and description, damages, injury
(including, without limitation, injury to or death of an employee of Contracting
Party or of any subcontractor), costs and expenses, including, without limitation,
incidental and consequential damages, court costs, reimbursement of attorneys’
fees, litigation expenses, and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation, to the extent same are
caused by any negligent or wrongful act, error or omission of Contracting Party, its
officers, agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of public
improvements, the Contracting Party shall not be liable for any injuries or property
damage resulting from the reuse of the design at a location other than that
specified in Exhibit A without the written consent of the Contracting Party..
3. Design Professional Defined. As used in this Section F.1(d), the term “design
professional” shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as
defined under current law, and as may be amended from time to time by Civil
Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth
herein this Exhibit F, as applicable to the Contracting Party, from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of
Contracting Party in the performance of this Agreement. In the event Contracting
Party fails to obtain such indemnity obligations from others as required herein,
Contracting Party agrees to be fully responsible according to the terms of this Exhibit.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligations to indemnify and defend City as set forth in this Agreement are binding on
the successors, assigns or heirs of Contracting Party and shall survive the termination
of this Agreement.
Browser-Based Unified Communications
and VoIP PBX
ENGLISH
www.wildix.com
Testimonial
Fabrizio Magliocchetti - IT Manager of CAF
www.cafinv.eu
“...After the initial trial period, we have realized that [Wildix]
was exactly what we were looking for. This is why, with
the growth of the company, we’ve decided to move entirely
to VoIP with Wildix.”
Save your time, improve your business
Wildix Unified Communications & Collaboration solution
ensures the best user experience by providing you
with one single web interface to manage internal &
external communication across multiple channels
including:
• Real-time communication with internal and
external users: audio and video calls, conferencing,
desktop sharing, corporate chat.
• Online access to shared phonebooks & presence
information on any device: PC, desk phones,
DECT handsets, mobile devices.
• Entirely web-based and intuitive collaboration
interface available in the browser, no end-user
training necessary.
Unifying communication tasks allows you to streamline
daily operations, boost workplace productivity,
increase employee engagement and improve the
customer service.
About Wildix
Wildix is a multinational company
present in Europe and in the USA, not to
mention its own R&D center in Ukraine,
that develops hardware and software
solutions for Unified Communications &
Collaboration.
Unified Communications optimize the business
processes, reduce travel costs, with the use of
videoconference, and—due to the mobility feature—
ensure the availability of employees anytime, anyplace.
Ready for changes? Discover the new way to
communicate: Wildix Unified Communications &
Collaboration.
Wildix Unified Communications
Wildix Collaboration is entirely web based and
accessible via the browser, without installing any client
or software, on any OS (Linux, Mac OS, Windows).
A single user interface for any type of internal and
external communication:
• one single place to manage all the contacts
• one single place to make calls from
• one place for internal / external videoconferences
• corporate chat with one or multiple colleagues
• desktop sharing and file exchange
Wildix Collaboration web interface is intuitive and
simple to use. It ensures the seamless user experience
across multiple platforms: PC / Android / iOS.
Integration with CRMs and applications makes it
possible to access Wildix Unified Communications
services from software used in the company (see API
integrations section).
Wildix Collaboration
Collaboration does not only change your way to communicate:
it makes your work life happier.
Integrated Fax Server: send and receive faxes
and SMS via email or Collaboration web interface.
T.38 fax over IP protocol.
No more paper faxes thanks to Fax2Mail &
Mail2Fax. Save and store faxes in digital format.
Built-in Attendant Console, fully web-based and
available in the same Collaboration web interface.
Easy and intuitive tool to manage high volumes of
concurrent calls.
Supports assistive equipment for users with
visual impairments.
Attendant Console
Fax Server
Reporting & Analytics (CDR-View)
Collaboration
Built-in tool for call traffic monitoring,
entirely web-based and available in the same
Collaboration web interface.
Information that helps you evaluate your company
call activity: quantity, duration, type, costs of calls,
SLA stats, peak hours, activity of users & groups.
Collaboration web interface offers a customizable
view of colleagues, grouped by work teams, and
provides real-time presence information of users.
Communication with one or more colleagues from
the same web interface:
• audio & video call
• chat
• presence & geolocation
• conferencing
• memo messages
• fax & SMS to one or more users
• access to corporate phonebooks
• screen sharing & file transfer
• audio & video calls / conferences with external
users
Ready to use.
Wildix Collaboration
• Share your desktop, documents and applications
• Schedule the conference (synced with Google and Outlook calendars) and receive a reminder via email
• Record videoconference, including audio, video and desktop sharing
• Share a link with other participants to work together on a document or inside an application
• Reporting and analysis of videoconferencing sessions
What else you can do with ubiconf:
Finally there is a turnkey videoconferencing system
right at your desk. No need to go to the conference
room, no need to install any additional hardware or
software components.
ubiconf is 100% based on WebRTC to guarantee
the best audio and video quality and security of your
communications.
Users can start a videoconference right from the
Collaboration web interface and can invite their
colleagues or external users at any time.
External users receive an email invitation and can join
the conference by clicking on a link. It is also possible
to access a conference in audio-only mode by calling
a phone number.
ubiconf is the Wildix videoconference solution based on pure WebRTC and available in
the browser both for internal and external users without having to install any component.
www.wildix.com/videoconference
ubiconf
The Wildix Videoconference
WebRTC Videoconference at your desk.
Main Features
ubiconf
La videoconferenza
100% WebRTC
ubiconf-Voice
A Huddle Room is the collaborative space of the future.
A small room, equipped with a teleconferencing system,
where 3-5 people gather to discuss, strategize and
make decisions.
Features:
• Full HD Webcam (1080p) with 120° super-wide field of view
• No need for remote control, everyone fits into the frame
• 360° microphone
• One single USB cable for power supply and data transmission
• Portable case for easy transportation
All-in-one solution | One cable, 120°
ubiconf-Huddle
(for small conference rooms)
Features:
• Plug&Play
• Connect to PC via USB
• Connect to mobile phone via Bluetooth
• Talk time: 4 hours
• Three built-in microphones with 360-degree
coverage
• Reception distance: up to 4 meters / 13 feet
• Application:
ubiconf videoconference,
Mobile Apps for iOS / Android,
WP600AXX, W-AIR150
• 2 optional microphones
ubiconf-Voice speakerphone has been specially
designed for Wildix WebRTC videoconference.
WebRTC
Leverage your corporate website
to win new customers.
Chat - Call - Video call - Desktop sharing -
File transfer via the website
Thanks to Kite a website visitor can start chat, audio and
video communication, desktop sharing and send files
with one click.
Wildix Kite – WebRTC features
• presence, chat, audio, video, file transfer,
desktop sharing
• fully customizable, easy to integrate and to use
• no installation on the end user side, available via
a simple link
• based on WebRTC
• fully integrated into your Wildix PBX
Transform your website into a
contact center front end
“The goal of the University was to offer more advanced and
innovative services to our students. With Kite they [students] just
open a webpage, indicate the course they are following, see the
operators who are available at the moment and have a direct
access to the information, in comfort, from home or from the
library.”
Emiliano De Rossi - Telephony and UC Manager at Roma TRE
University (Italy) - www.uniroma3.it
Testimonial
Kite is a new way to communicate over the web
driving traffic to your website and enabling real-
time and direct customer interaction.
Rediscover your website as a simple yet powerful
tool to promote your business and bring in new
customers.
Your website is no longer a showcase, but a call to
action: real-time communications allow customers
and potentials to easily and instantly contact you
using only the browser.
Kite is based on WebRTC technology, an open
source project which includes a collection of
communication protocols and JavaScript APIs
aiming to enable the web with real-time, rich and
high quality communication capabilities.
www.wildix.com/wildix-webrtc-kite
Wildix Mobility
Decide when to be available.
Wildix Mobility offers more freedom and
flexibility in managing your business
communication, making sure you do not miss
any important call, no matter where you are at
the moment.
Your workplace is no longer limited to your
office desk.
Just specify your mobile number: now you
manage your business calls via the corporate
PBX directly from your mobile phone.
You decide who can reach you and when.
It doesn’t mean you have to be available
all the time, it simply means you have the
choice—and all it takes is just one click to
enable-disable the feature.
For full access to Unified Communications
services from your smartphone and tablet:
use Wildix Mobile Apps for iOS / Android.
Collaboration Mobile App
Extend Wildix Collaboration to personally owned
mobile devices: iPhone, iPad, Android smartphones
& tablets (secure access also outside the corporate
network).
Created to provide one of the best user experiences
with the same features (presence, shared phonebooks,
events sync, chat, audio & video call) and the same
intuitive user interface for Collaboration across all
platforms.
Testimonial
Barbara Agos, General Manager of Roseo Hotel Verona
www.roseohotelleondoro.com
“...Wildix Mobility service has changed the way we work.
We are often on the move, on different floors of the hotel [...]
Communication is much easier now also thanks to Wildix
smartphone APPs.”ONE NUMBER
Application Programming Interface
Thanks to TAPI & WebAPI, Wildix Unified
Communications capabilities can be integrated with
third-party applications and web-based software,
allowing you, for example, to manage calls from your
Windows PC or from external web applications.
Ready-to-use integrations
Many software products and web applications (CRM,
ERP, Fias/Fidelio) already integrate Wildix Unified
Communications capabilities and are ready to be used
with Wildix communication system.
WMS is the administrative interface of PBX and Unified
Communications.
• It’s entirely web-based and available in the
browser on any OS: Windows, Linux, Mac OS
X. No client / software installation.
• Time savings on devices configuration thanks
to Wildix auto-provisioning: configure one
or many devices at a time, with just one click.
Add, manage, update both on-site and remote
devices belonging to your Wildix system, assign
phones to users via a single web interface.
• Fast import of users & contacts: LDAP, Active
Directory, Exchange Server, MSSQL, MySQL,
Google, Office 365.
By choosing Wildix you choose a complete solution:
Fax Server and Failover are by default integrated into
Wildix phone system without any additional licenses.
Amazing user experience:
just one interface to manage users, groups,
on-site & remote devices, lines, call routing.
Fully web-based:
accessible via the browser, no installation.
WMS - Wildix Management System
www.wildix.com/integrations
Seamless operating environment:
all the applications are integrated and
available for all users of the system.
manuals.wildix.com/pbx-datasheet
All the features supported by Wildix System
VoIP PBX: Hardware, Virtual and Cloud
Wildix PBX is available as Physical or Virtual appliance or in the
Cloud.
Wildix software is fully integrated into the hardware which helps
avoid problems related to third-party products integration.
Multiple Wildix systems can be connected to provide a single
global cluster.
All the telephony features are included in the Wildix PBX without
purchasing additional licenses.
Highlights:
• Multisite support
• Integrated Failover
• Integrated Fax Server
• Video and multi party video
• Google integration
• Mobility
• Call recording
Hardware PBX
Virtual PBX Cloud PBX
• Standard rack 19”
• 4 network interfaces
• SSD - solid state drive
Wildix Software can be Virtualized on any
environment, including VMware or any Linux
platform. Virtual environments allow more flexibility
in configuration in the server farm and ensure the
continuity of the services.
All the Wildix Unified Communications features are
available also in the cloud. Cloud PBXs are activated
with one click via the management interface.
You can add a physical on-premise PBX for failover.
Wildix USB 2GB Key Storage is a USB drive resistant
to high temperatures up to 85° C / 185° F. It allows up
to 100.000 erase/write cycles, thanks to NAND Flash
technology.
Backups, configuration and other essential data of
Wildix system is stored on the USB WKEY2GB stick, to
ensure fast PBX replacement.
WKEY2GBData storage
Collaboration
Testimonial
Multisite
Wildix Network cancels the distances between
different sites of the company and enables all the
users in different offices to collaborate as if they
worked in the same office.
It is quite common for a company today to have
branch offices all over the world. WMS Network
allows centralized management, maintenance and
update of all the users of the system (no matter
which country they work in). All the system services
are available at each site.
With WMS Network communication between users
is free of charge (except for the Internet connection
costs). Each user can connect to the system from
any office of the company while keeping the same
phone number and account settings.
A new user added to the system is immediately
visible and can be contacted by all the colleagues.
Bruno Forquet - Sales Director of Caribou-Intersport
magasins.intersport.fr
“We are now able to set up the system in a way that each PBX
has its autonomy, and at the same time, all the PBXs in different
shops are interconnected using IP network and not the network
of the operator, which brings considerable savings on internal
communication.”
International Branch Office
Small Branch Office
Headquarters Office
Mobile Networks
Warehouse
Video Conference
Collaboration
IP phones/videophones
Video Conference
Collaboration
IP phones/videophones
IP phones
Collaboration
Collaboration Mobile
IP phones
DECT phones
10,000 people in one room
WMS Network
Decide when to be available.
W-AIR DECT System
The DECT solution perfectly integrated into the VoIP System
Up to 1000 users per system
Up to 30 users registered to 1 base station
Up to 250 bases per system
Up to 8 concurrent calls per base
Up to 8 concurrent handovers per base
Up to 3 repeaters per base
Up to 5 concurrent calls per repeater
Up to 100 repeaters per system
BASE STATION PoEREPEATERBASE STATIONSMALL BUSINESS PoE
Up to 8 users per system
Up to 4 concurrent calls
Up to 3 repeaters per base
No multicell
MULTICELL (W-AIR Base Station)SINGLE CELL INSTALLATIONS
(W-AIR Base SMALL Business)
IP55 rated protection
Impact strength IK 08
Temperature range: -20 to 60° C / -4 to 140° F
Flammability Tested against
UL746C 5V
Nano coated RTX8660 PCB
Ultraviolet light exposure
protected
Water exposure in accordance
with UL 746C
Supports Multicell mode
BASE STATION OUTDOOR PoE
Features:
PRESENCE
Multicell auto-roaming feature
HD wideband audio
PBX phonebooks
Speakerphone
1,44’’ 128×128 display
Indoor range: 50m / 164f
Outdoor: 300m / 984f
All the features of
W-AIR 70 +
2’’ 176x 220 display
Vibration
PTT (Push to talk)
All the features of
W-AIR 150 +
Bluetooth
Lone worker alarms
Alarm button and pull cord
IP65
Configurations
Features:
CAT-iq
Multi-cell DECT support
Call answer & hangup
Mute and volume control
Talk time: up to 7 hours
Standby: 100 hours
HD Audio
Acoustic echo cancellation
Noise cancelling microphone
W-AIR 100W-AIR 70 W-AIR 150 W-AIR HEADSET
W-AIR system is developed on DECT
CAT-iq protocol that combines data & voice
networks. This technology allows a number
of innovative features, such as online
access to corporate phonebooks and real-
time presence monitoring.
WMS admin interface is a single place to
manage all your devices: base stations are
configured and updated via WMS. Thanks
to auto-provisioning system, connection to
Wildix PBX is simple and immediate.
Thanks to multisite auto-roaming feature,
cordless phones of mobile employees who
travel between the sites of the company,
automatically connect to the network.
VoIP and WebRTC phones
Keypad Extension Headsets Wireless EHS Adapter
40 LED BLF keys (2 pages)
4.3’’ color display 272*480
Presence
Up to 3 Modules Daisy-chain
Compatible with WP490G WHS-MONO - Monaural
WHS-DUO - Binaural
WHS-BT - Bluetooth
Remote answer / hang up Compatibility: WP480G / WP490G
Compatible with Jabra, Plantronics and Sennheiser *
* Consult the datasheet for the list of compatible models
The only phones with presence status of on-site and remote colleagues
Wildix VISION
Vision is the phone for your WebRTC video conferences.ACCESSORIESAndroid 5.1 OS
7” color display 1024*600
Touchscreen
Presence & Chat
2 x Gigabit Port 10/100/1000
2MP webcam
WebRTC videoconference
802.3az Green Ethernet
Audio HD wideband
WiFi 802.11b/g/n
Bluetooth 2.0
USB 2.0
120 BLF keys
PoE IEEE 802.3af
PBX phonebooks
Online call history
Available in black and white colors
All the features of WP480G +
4.3’’ 480x272 color display
Support of WP490EXT
Max 30 BLF keys
+ 3 additional ext. modules
WP490G
2.3’’ 132x64 LCD Display
2 x Port 10/100
PoE IEEE 802.3af
Presence
PBX phonebooks
Max 4 BLF keys
Online call history
Voicemail notification
WP410 WP480G
All the features of WP410 +
2.8’’ 320x240 color display
2 x Gigabit Port 10/100/1000
802.3az Green Ethernet
Support of WPEHS
Caller image
Max 16 BLF keys
W A R R ANTY
Ac
tiv
ate
on wm p .w ildix.com 5 Years Warranty on Hardware
Wildix products are designed to be updated over time in order to adapt to
changes in the IT landscape.
For this reason we want to ensure the perfect performance of our hardware and
software upgrades for at least 5 years from the purchase date.
To activate your free-of-charge 5 year warranty, provide the products information and a proof of
purchase.
Documentation
manuals.wildix.com
Visit manuals.wildix.com to read and download the
updated datasheets and user guides of products.
www.wildix.com/warranty
Media Gateway
OTHER PRODUCTS
Switches, Extender & SIP-PA
• Switch 5 - 24 ports Gigabit PoE,
standard “Green Ethernet“
Energy-Efficient Ethernet (IEEE802.3az)
• 16-port SFP Gigabit Switch
• RS232 Interface
• VDSL Extender PoE
• SIP-PA Public Announcer
• PRI / BRI / FXS / FXO / GSM models
• Fast configuration thanks to auto-provisioning
• Fax over IP support
• Flexibility and scalability
• SMS sending with W01GSM
REV. 04/2018
Wildix Vision:
Vision is the phone for your WebRTC video conferences.
www.wildix.com
SYSTEM RECOMMENDATION
November 21, 2018
It is the intention of Voice Smart Networks to design and provide a telecommunications system which will
function at a maximum level of efficiency and effectiveness at all times. We recognize the inherent capabilities of
the system must be consistent with the expectations of the end user being served. Accordingly, we evaluated the
requirements for City of La Quinta to determine the best possible telecommunications solution.
The Wildix Hosted System
CORPORATE INFO:
Wildix is a multinational company that develops browser-based Unified
Communications solutions and VoIP products. The company relies on the network of Certified
Business Partners who install Wildix systems in Europe and in the United States. In 2005 Wildix
opened its Research & Development center, and in the following years the company opened sales
offices across Europe and in the United States.
Wildix solution is aimed at small and medium businesses, between 50 and 1000 users, that need
to provide their employees and collaborators with efficient yet simple to use communication tools.
Wildix system was designed to be easy to install and to manage with low maint enance costs.
Wildix system is a complete and scalable solution for companies that need to upgrade their
communication tools by introducing such features as videoconference, chat and user’s presence,
and in the same time, reduce operating costs.
Unlike other solutions available in the market, Wildix offers a complete range of Hardware products
and Unified Communications & Collaboration features. Wildix has been the first vendor to fully
integrate WebRTC for direct audio and video communication support in the web
browser without the need to install any software or configure VPN.
Wildix solution is brilliantly simple—employees without technical background start using even the
most advanced functionality—which results in low abandonment rate among uses and in positive
ROI (return on investment).Standards-based, best in class, carrier-grade infrastructure offering
geographic redundancy
Wildix Hosted Hospitality VoIPBX System
SCHEDULE A
Qty Price Extended Description
Wildix Licensing Configuration
10 $3.5 $35.00 UC-ESSENTIAL - Unified Communication + Web RTC + Web
Collaboration, 1 user
144 $3.85 $554.40 UC-BUSINESS - Unified Communication + Web RTC + Outlook
Integration, 1 user
5 $12.58 $62.90 UC-PREMIUM - Unified Communication + Kite Web RTC + CDR-View 1
user, Salesforce Integration
Provided Equipment
On Site Controller for Redundancy
1 $34.40 $34.40 WPBX-HW - PBX VoIP up to 1000 accounts - require user licenses
Phones
150 $11.50 $1,725.00 WP480G SIP HD Gigabit Phone, Color Display, 18 BLF Phone
9 $8.78 $79.02 WP410 SIP HD Gigabit Phone, Mono Display
Connectivity
20 $25.40 $508.00 SIP Trunks - Unlimited Local/Long Distance calling within the USA,
Bursting feature (when trunks are all in use, additional call paths are
established to prevent blocking -.25 per call inbound or outbound)
Monthly Recurring Charge (1 Year Term) .......... $2,998.72 (plus tax)
Non-Recurring Charge (Setup) ............................. $7,200.00 (plus tax)
Licensing Features Details
Wildix Hosted WEB RTC
Solution:
Web RTC provides fully integrated
“Unified Communications” including direct
audio/video support in the web browser,
video conference and collaboration, chat
and user presence.
Hosted in AWS Data Center
Internet
Senior
Center
City
Hall
Corp Yard
Wildix WEB RTC Hosted
Phones Solution Architecture
Firewall/
Router
Ruckus
Wireless
Bridge Ruckus
Wireless
Bridge Router
PoE
Data Switch
10 Hosted
Phones
140 Hosted
Phones
PoE Data Switch
Ruckus
Wireless
Bridge
Primary
Internet
Wildix
Redundant
Controller
PoE
Data Switch
4 Hosted
Phones
Library
Museum
1 Hosted
Phones
4 Hosted
Phones
PoE
Data Switch
PoE
Data Switch
SIP
Trunks
Secondary
Internet
GB Fiber