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Home My WebLink About2019-125 20190443 Core Business Services • .. GOODS & SERVICES AGREEMENT PROVIDER: CORE Business Services, abn of Kelley Imaging Systems, Inc. CITY OF AS H LAN D PROVIDER'S CONTACT: Scott Anderson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2040 Milligan Way, Suite 304 Telephone: 541/488-5587 Medford, Oregon 97504 Fax: 541/488-6006 PHONE: 541-858-4288 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and CORE Business Services, an assumed business name of Kelley Imaging Systems, Inc., a foreign business corporation ("hereinafter"Provider"), for the purchase, installation, and deployment of a new Voice Over Internet Protocol (VoIP) telephone system. 1. PROVIDER'S OBLIGATIONS 1.1 Provider shall supply all necessary equipment, installation services, and training for a complete Voice Over Internet Protocol (VoIP) telephone system for the City as more fully set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for the authority to exceed the maximum compensation. The goods and services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as the "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; Page 1 of 6: Agreement between the City of Ashland and CORE Business Services • • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the worker's compensation insurance required by this subsection 1.3, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$180,245.00(one hundred and eighty thousand,two hundred and forty- five dollars) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $198,270.00 (one hundred and ninety-eight thousand, two hundred and seventy dollars) without the express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits including, but not limited to, health and disability insurance, paid leave, and retirement. Page 2 of 6: Agreement between the City of Ashland and CORE Business Services 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. • 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated into this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS": • The City's written Request for Proposals for VoIP PHONE SYSTEM dated December 5, 2018. • The Provider's complete written Technical Proposal dated February 11, 2019. • The Provider's complete written and revised Quote dated February 27, 2019, and entitled "VoIP RFP, Quote Number: #004355, Version 2"which includes telephone upgrades and options requested by the City of Ashland Information Systems Division. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in subsection 4.1. Page 3 of 6: Agreement between the City of Ashland and CORE Business Services 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. • 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date"), and shall continue in full force and effect until five (5) years. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE • Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—IT Department Attn: Information Systems Manager 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 552-2441 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, Oregon 97520 • Phone: (541) 488-5350 Page 4 of 6: Agreement between the City of Ashland and CORE Business Services If to Provider: CORE Business Services 2040 Milligan Way, Suite 304 Medford, Oregon 97504 Attn: Scott Anderson, Senior Vice President, IT Services Phone: (541) 858-4288 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof; comply with: - (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. Page 5 of 6: Agreement between the City of Ashland and CORE Business Services • IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND (CITY): CORE Business Services, abn of Kelley Imaging Systems,Inc. (PROVIDER): By: By: //// City Adm. • rator Signature \44 I' A. kligv.k ft-IT i�At1'Oa Al Printed Name Printed Name 3[z7--1 Date Title Date Purchase Order No. , (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: • A sist/antt ity Attorney Date Page 6 of 6: Agreement between the City of Ashland and CORE Business Services • Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review, and signature processes, and will be kept with the City's final executed copy of the document. Document: 0011 tU nc(-1/16S SOINt.ei° e r ""✓at Er4eJ- (Include names of parties to the document) Type of Document: Contract Lease ❑ Easement ❑ Deed ❑ IGA ❑ Other (Spec) ff Dept Contact: ✓ - 11`04 11A ACTION REQUESTED: Dept: Phone: Review Draft Date submitted to Legal: .2--1.151 1' ❑ Approve final and forward to: Draft due by: h s wNQ� p\L.G v, (Unless indicated,Legal will return document to you) Return Requested by: -4 ?West O &(4tri.oi ( br\s 1/y\ Complete this section ONLY the first time this form is filled ut: Has this document been previously worked on by the Legal Department staff? No ❑ Yes If yes, by whom? LEGAL DEPT First Date Received by Legal Date: .2.A17.14( By: USE ONLY Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal Date: ( By:- M , - Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEG LI See Attached. -`4,/ / -7 l ! ,d fN e t f / (ice t l/ f Return original executed'document to flip City Does this document need to be recorded? Recorder for safekeeping? ❑ No Yes N No ❑ Yes CITY ADMINISTRATOR/DEPARTMENT HEAD Please do not sign the attached document until this forT has been approved by the Legal Department. FINAL LEGAL DEPARTMENT APPROVAL: - Date: G:llegal\DEPARTMENTS\Contracting\FORMS\Legal Doc Transmittal-KLB.docx AMENDMENT NO. 1 to GOODS & SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("City") and CORE BUSINESS SERVICES,an assumed business name of Kelley Imaging Systems, Inc., a foreign business corporation ("Provider") for A NEW VOICE OVER INTERNET PROTOCOL (VOIP) TELEPHONE SYSTEM RECITALS A. The City and Provider previously entered into a Goods & Services Agreement effective March 22, 2019 (the "Agreement") for the purchase of a new Voice Over Internet Protocol (VOIP)telephone system; and B. The City and Provider wish to amend the Agreement to include a requirement that Cyber Liability insurance to be maintained by Provider. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein,the parties agree as follows: 1. Add a new Subsection 1.6, as follows: 1.6 Cyber Liability Coverage: Provider shall obtain and maintain throughout the term of this Agreement, at Provider's sole expense, Cyber Liability and Technology Errors & Omissions insurance coverage with limits of not less than $1,000,000 (one million U.S. dollars) covering all costs and expenses arising directly or indirectly out of Provider's actions under this Agreement for any of the following: 1.6.1. Breach, access to, or disclosure of any confidential or personal information, including but not limited to, personal identifying information, financial account details, protected health information(PHI),passwords, or any other type of non- public information; and 1.6.2. The loss of, damage to, corruption of, inability to access, or manipulation of data; and Page 1 of 2: Amendment No. 1 to Goods and Services Agreement with CORE Business Services 1.6.3. Any damages for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss; any damage to City's hardware or software; or related costs or expenses; and 1.6.4. Loss of use of City's data, hardware, or software. The City shall be named as an additional insured on Provider's policy of such insurance. 2. This Amendment No. 1 is effective upon execution by both parties. 3. Except as specifically modified by this Amendment No. 1, the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their respective names by their duly authorized representatives as of the dates set forth below: CITY OF ASHLAND, OREGON(City) CORE Business Services, abn of Kelley Imaging System, Inc. (Provider) By: By: Printed Name: ko e L^' Printed Name: j!•►`r 4/47 Title: CV MS1Y u-- Title: SJd' Date: 4 kcil l� Date: IT- I q ?--() ( o /7° `-t' a-2 Page 2 of 2: Amendment No. 1 to Goods and Services Agreement with CORE Business Services Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review, and signature processes, and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: Z y (Include names ofparties to the document) Type of Document: Contract ❑ Lease ❑ Easement 39 Deed ❑ IGA ❑ Other (Specifi) i.,6/ice--J 07;' of Dept Contact: le ACTION REQUESTED: Dept: _7" 7 Phone: Ext ❑ Review Draft Date submitted to Legal: 5"� ❑ Approve final and forward to: Draft due by: /� S (Unless indicated,Legal will return document to you) Return Requested by: Complete this section ONLY the first time this form is filled out: Has this document been previously worked on by the Legal Dept Staff? ❑ No ❑ Yes If yes, by whom? LEGAL DEPT First Date Received by Legal Date: 9 s /9 By: , USE ONLY Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal Date: _ /o -/ 7 By: ,x Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEGAL: ( See Attached. �a�•� v'4 CdiGti --/e)--/I. Return original executed document to City Does this document need to be recorded? Recorder for safekeeping? ❑ No ❑ Yes ❑ No ❑ Yes CITY ADMINISTRATOR I DEPARTMENT HEAD Please do not sign the attached document until this form , s been,pp 'oved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: 4 % ~- _ Date: -4-1- 1G'-/`i ((P. City of Ashland 20 East Main Street Ashland, OR 97520 of THIS PAGE INTENTIONALLY LEFT BLANK 2 of 16 (ALJ00) .AWR CERTIFICATE OF LIABILITY INSURANCE DATE 4/10/DD/YYYY) �� 04/10/20,9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker,Smith&Feek,Inc. INC No.Ext).425-709-3600 lac,No1:425-709-7460 2233 112th Avenue NE E-MAIL Bellevue,WA 98004 ADDRESS: ' INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Union Insurance Company INSURED INSURER B: Continental Casualty Company Kelley Imaging Systems,Inc.dba:CORE Business Services INSURER c: Philadelphia Indemnity Insurance Co. 22710 72nd Ave S INSURER D: Kent,WA 98032 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) LIMITS ' A GENERAL LIABILITY CPA602564422 07/29/2018 07/29/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE X COMMERCIAL GENERAL LIABILITY X PREMISES O(EaEoccu ence) $ 1,000,000 ' CLAIMS-MADE K OCCUR MED EXP(Any one person) $ 10,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY n jE& K LOC $ A AUTOMOBILE LIABILITY CPA602564422 07/29/2018 07/29/2019 Ea acedeD)INGLELIMIT 1,000,000 j K ANY AUTO X BODILY INJURY(Per person) $ ALL OWNED I SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) A UMBRELLALIAB K OCCUR CPA602564422 1,000,000 07/29/2018 07/29/2019 EACH OCCURRENCE $ K EXCESS LIAB CLAIMS-MADE X AGGREGATE $ 1,000,000 DED K RETENTION$ $0 $ B WORKERS COMPENSATION 6050318109 , K WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N 07/29/2018 07/29/2019 TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , C Professional Liability PHSD1355654 $1,000,000-Limit;$5,000-Deductible 07/29/2018 07/29/2019 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) 1 INSR:Underwriters at Lloyds I INS TYPE:Cyber Liability I I POLICY NUMBER:ASH19H008290(04/01/2019-04/01/2020)ASH19H008290 I LIMITS: $1,000,000;$2,500 Retention; The City of Ashland,Oregon its officers,agents and employees are additional insured on the general liability,automobile and umbrella liability polices per attached endorsements/forms.Coverage is primary and non-contributory on the general liability policy per the attached endorsement/form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland . - 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland,OR 97520 aDA(61 11146T/t/ - 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 3 of 16 (ALJ00) 1 THIS PAGE INTENTIONALLY LEFT BLANK 4 of 16 (Al_JOU) COMMERCIAL AUTO CL CA 01 49 06 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED "property damage": because of the conduct of ORGANIZATIONS an "insured" under Paragraphs a. or b. under The following is added to Paragraph A.1.Who Is Paragraph A.1.Who Is An Insured of Section II An Insured of Section II - Covered Autos Liability by-Covered"accident"iden"Liability suvergg from m the Coverage: by an "accident" and resulting from the ownership, maintenance or use of a covered Any organization you newly acquire or form, other "auto"; than a partnership,joint venture or limited liability 2. The written contract or agreement described company or any organization excluded either by above must have been executed prior to the this Coverage Part or by endorsement, and over "accident" that caused the "bodily injury" or which you maintain ownership or majority interest "property damage"and be in effect at the time of more than 50 percent will qualify as a Named of such"accident"; Insured. However: 1. This insurance does not apply to any newly 3. The insurance afforded to any such additional acquired or formed organization that is an "insured"the not of to any "accident" "insured"under any other automobile policy or beyond the period of time required by bed would be an "insured" under such policy but written contract or agreement described for its termination or the exhaustion of its Limit above; of Insurance. 4. The most we will pay on behalf of such 2. Coverage does not apply to "bodily injury" or additional"insured(s)"is the lesser of: "property damage" that occurred before you a. The Limits of Insurance specified in the acquired or formed the organization. written contract or agreement described 3. Coverage under this provision is afforded only above;or until the 180th day after you acquire or form b. The Limits of Insurance shown in the the organization or the end of the policy Declarations. period,whichever is earlier. This provision shall not increase the Limit of B. ADDITIONAL INSURED BY CONTRACT OR Insurance shown in the Declarations in this AGREEMENT policy or coverage part;and The following is added to Paragraph A.1.,Who Is 5. The following changes are made to Paragraph An Insured of Section II - Covered Autos Liability 5. Other Insurance of B. General Conditions Coverage: • under Section IV-Business Auto Conditions: When you have agreed in a written contract or a. The following is added to Paragraph 5.a.: agreement to include a person or organization as If required by the written contract or an additional "insured", such person or agreement described above, the organization is included as an"insured"subject to insurance afforded to the additional the following: insured under this provision will be 1. Such person or organization is an additional primary to, and will not seek contribution "insured" only to the extent such person or from, the additional insured's own organization is liable for "bodily injury" or insurance. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc.,with its permission • 5 of 16 (ALJ00) • b. Paragraph 5.c. is deleted in its entirety. 2. We will also pay reasonable and necessary 6. Paragraph A.1.c. under Section II - Covered expenses to facilitate the return of the stolen Autos Liability Coverage is deleted in its "auto"to you. entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you under the Section V- Definitions is amended to add the Transportation Expenses Coverage following: Extension will not also be covered or paid under the Rental Reimbursement Coverage An "insured contract" does not include that provided by this endorsement or any rental part of any contract or agreement: reimbursement coverage added by separate That pertains to the ownership, maintenance endorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE-AIRBAGS person or organization for other than the The following is added to Exclusion B.3.a. of vicarious liability of such person or Section III- Physical Damage Coverage: organization for "bodily injury" or "property damage" caused by your operation or use of However, this exclusion does not apply to the a covered"auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional "insured" under this provision only insurance or warranty providing such airbag to the extent such person or organization is coverage. not named as an "insured" by separate I. AUTO LOAN/LEASE GAP COVERAGE endorsement to this policy. C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of The following is added to Paragraph A.1.Who Is Insurance. An Insured Section II - Covered Autos Liability 4. In the event of a total "loss" to a covered Coverage: "auto",we will pay the lesser of: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or a. Any unpaid amount due on the lease or borrow in your business or your personal affairs. loan for a covered"auto", less: D. INCREASED COVERAGE-BAIL BONDS (1) The amount under the Physical Damage Coverage section of the The Supplementary Payments Coverage policy; and Extension of Section II - Covered Autos Liability Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; E. INCREASED COVERAGE - LOSS OF (b) Financial penalties imposed EARNINGS under a lease for excessive use, abnormal wear and tear or high The Supplementary Payments Coverage mileage; Extension of Section II - Covered Autos Liability (c) Security deposits not returned by Coverage is amended as follows: the lessor; The Limit of Insurance in paragraph A.2.a.(4) is (d) Costs for extended warranties, increased to$1,000. Credit Life Insurance, Health, F. FELLOW EMPLOYEE COVERAGE Accident or Disability Insurance The Fellow Employee Exclusion contained in purchased with the loan or lease; and Section II-Covered Autos Liability Coverage does not apply. This coverage is excess over any other (e) Carry-over balances from collectable insurance. previous loans or leases; or G. COVERAGE EXTENSION -TRANSPORTATION b. $5,000. EXPENSES However, this provision does not apply to the Paragraph A.4.a. Transportation Expenses of extent loan/lease gap coverage has been Section III- Physical Damage Coverage is provided by separate endorsement to this amended as follows: policy. 1. The Limits of Insurance are increased to $75 per day to a maximum of$2,500. Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 06 17 Office, Inc., with its permission 6 of 16 (ALJOO) J. GLASS REPAIR-NO DEDUCTIBLE When fire extinguishers are kept in your covered The following is added to Paragraph D.Deductible "auto" and any are discharged in an attempt to of Section III- Physical Damage Coverage: extinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire Any Comprehensive Coverage deductible shown extinguisher(s). in the Declarations does not apply to "loss" to No deductible applies to this coverage. glass when you elect to patch or repair rather than replace the glass. O. HIRED AUTO PHYSICAL DAMAGE K. INCREASED COVERAGE - ELECTRONIC COVERAGE EQUIPMENT The following is added to Paragraph A.4. The $1,000 limit indicated in Paragraph C.1.b. Coverage Extensions of Section III - Physical under Section III - Physical Damage Coverage is Damage Coverage: increased to$2,500. If hired "autos" are covered "autos" for Covered L. EXTENDED COVERAGE PERSONAL Autos Liability Coverage and if Physical Damage PROPERTY Coverage is provided for any"auto"you own,then the Physical Damage coverages provided are The following is added to Paragraph A.4. extended to"autos"you lease,rent, hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject Physical Damage Coverage on a covered "auto" to the following: may be extended to "loss" to your personal 1. The most we will pay in any one "loss" is the property or, if you are an individual, the personal lesser of: property of a family member,that is in the covered a. The actual cash value of the"auto"; "auto" at the time of "loss" and caused by an "accident" and resulting from the ownership, b. The cost to repair or replace the"auto"; or maintenance or use of a covered"auto". c. $100,000. The insurance provided by this coverage 2. Paragraph 1.above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most we will pay for any one"loss" the highest deductible shown for any owned under this coverage extension is$500. However, "auto" of the same classification for that our payment for "loss" to personal property will coverage. In the event there is no owned only be for the account of the owner of the "auto" of the same classification, the highest property. deductible for any owned "auto"will apply for Under this provision, personal property does not that coverage. include and we will not pay for"loss"of currency, No deductible will apply to "loss" caused by coins, securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: section of the Declarations page for any of If a private passenger type "auto" or light truck the Physical Damage coverages,then the "auto" (0-10,000 Lbs. GVW) is provided both Hired Auto Physical Damage coverage described in this endorsement does not Comprehensive and Collision Coverage, we will pay up to$150 for towing and labor costs incurred apply. each time such "auto" is disabled. If a medium, b. Other than indicated in Paragraphs a. heavy or extra-heavy truck or extra-heavy Truck- directly above, coverage provided under tractor "auto" (greater than 10,000 Lbs. GVW) is this provision will be excess over any provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and 4. In addition to the limit set forth in Paragraph 1. labor costs incurred each time such "auto" is disabled. However, the labor must be performed above we will pay up to $500 per day, to a at the place of disablement. maximum of$3,500 per"loss"for: N. FIRE EXTINGUISHER RECHARGE a. Any costs or fees associated with the "loss"to a hired "auto"; and The following is added to Paragraph A.4. b. Loss of use of the hired"auto", provided it Coverage Extensions of Section IV - Physical Damage Coverage: is the consequence of an "accident" for which you are legally liable, and as a CL CA 01 49 06 17 Includes copyrighted materiaJ of Insurance Services Page 3 of 5 Office, Inc.,with its permission 7 of 16 (ALJ00) result of which a monetary loss is (1) You, if you are designated in the sustained by the leasing or rental Declarations as an individual; concern. (2) Your partners or members, if you are However, Paragraph A.4.b. Loss of Use designated in the Declarations as a Expenses under Section III - Physical Damage partnership or joint venture; Coverage of the Business Auto Coverage Form does not apply. (3) Your members or managers, if you are designated in the Declarations as P. RENTAL REIMBURSEMENT COVERAGE a limited liability company; We will pay for rental reimbursement expenses (4) Your executive officers if you are incurred by you for the rental of an"auto"because designated in the Declarations as an of"loss"to a covered"auto". organization other than an individual, 1. Payment applies in addition to the otherwise partnership, joint venture or limited liability company; and applicable amount of each coverage you have on the covered"auto". (5) The spouse of any person named in 2. No deductible applies to this coverage. Paragraphs 1.a.(1). through 1.a.(4) while a resident of the same 3. We will pay only for those expenses incurred household; during the policy period beginning 24 hours Except: after the "loss" and ending, regardless of the expiration date of the policy,with the lesser of (a) Any "auto" owned by that the following number of days: individual or by any member of his a. The number of days when the covered or her household. "auto" has been repaired or replaced, or (b) Any"auto"used by that individual b. 45 days. or his or her spouse while working in a business of selling, servicing, 4. Our payment is limited to the lesser of the repairing or parking"autos". following amounts: 2. Changes In Auto Medical Payments And a. Necessary and actual expenses incurred; Uninsured And Underinsured Motorists or Coverages b. Not more than$75 for any one day; The following is added to Who Is An Insured: 5. We will pay up to an additional $300 for the Any individual named in 1.a above and his or reasonable and necessary expenses you her "family members" are "insured" while incur to remove your materials and equipment "occupying"or while a pedestrian when being from the covered "auto" and replace such struck by any"auto"you don't own except: materials and equipment on the rental"auto". Any"auto" owned by that individual or by any 6. This coverage does not apply while there are "family member". spare or reserve "autos" available to you for 3. Changes In Physical Damage Coverage your operations. 7. If"loss"results from the total theft of a covered Any private passenger type "auto" you don't "auto"of the"private passenger type", we will own, hire or borrow is a covered "auto"while pay under this coverage only that amount of in the care,custody or control of any individual your rental reimbursement expenses which is named in Q.1.a. above or his or her spouse while a resident of the same house hold not already provided for under the Physical Damage Coverage Extension of the Business except: Auto Coverage Form or any endorsements a. Any"auto" owned by that individual or by thereto. any member of his or her household; or However, this provision does not apply to the b. Any"auto"used by that individual or his or extent that rental reimbursement is provided her spouse while working in a business of by separate endorsement to this policy. selling, servicing, repairing or parking Q. DRIVE OTHER CAR COVERAGE "autos". 1. The following is added to Section II Covered 4. The most we will pay for the total of all damages under Covered Autos Liability Autos Liability Coverage: Uninsured Motorists Coverage and a. Any "auto" you don't own, hire or borrow • Underinsured Motorists Coverage is the Limit is a covered "auto"for Liability Coverage Of Insurance shown in the Declarations as while being used by: applicable to owned"autos". Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 06 17 Office, Inc.,with its permission 8 of 16 (ALJ00) 5. Our obligation to pay for, repair, return or T. UNINTENTIONAL OMISSIONS replace damaged or stolen property under The following is added Paragraph B.2. of Section Physical Damage Coverage, will be reduced IV Business Auto Conditions: by a deductible equal to the amount of the highest deductible shown for any owned If you fail to disclose any hazards existing at the private passenger type "auto" applicable to inception date of this policy, such failure will not that coverage. If there are no owned private prejudice the coverage provided to you. However, passenger type "autos", the deductible shall this provision does not affect our right to collect be $250 for Comprehensive Coverage and additional premium or exercise our right of $500 for Collision Coverage. No deductible cancellation or nonrenewal. will apply to"loss"caused by fire or lightning. U. LIBERALIZATION 6. Additional Definition If we revise this endorsement to provide greater As used in this DRIVE OTHER CAR coverage without additional premium charge, we Provision: will automatically provide the additional coverage "Family member" means a person related to to all endorsement holders as of the day the the individual named in 1.a. by blood, revision is effective in your state. marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT,CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Section IV- Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit"or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an"accident",claim,"suit" or"loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV- Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury"or"property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily injury"or"property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission 9 of 16 (ALJ00) . • • • COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION li-WHO IS AN INSURED is amended For purposes of this endorsement,throughout • to include as an additional insured any person(s) the policy, the terms "you"and "your' refer to or organization(s) when you are obligated by the Named Insured shown in the Declarations. virtue of a written contract or agreement that B. Exclusions such person or organization(s) be added as an additional insured to your policy. With respect to the insurance afforded to these Such person(s) or organization(s) is an additional additional insureds, the following additional insured only with respect to liability for "bodily exclusions apply to "bodily injury" and "property injury" or "property damage" or "personal and damage"arising out of: advertising injury"caused, in whole or in part by: 1.. The rendering of or failure to render any (1) Acts or omissions of the Named Insured; professional services by you or on your behalf, or but only with respect to either or both of the following operations: (2) The acts or omissions of those acting on a. Providing engineering, architectural or behalf of the Named Insured; surveying services to others in your and included in the "products-completed capacity as an engineer, architect or operations hazard" surveyor; and ■ This insurance applies only when you are required b. Providing, or hiring independent to add the additional insured by virtue of a written professionals to provide, engineering, contract or agreement, provided the contract or architectural or surveying services in agreement is: connection with construction work you 1. Currently in effect or becomes effective during perform. the term of this policy; and This exclusion applies even if the claims against 2. Was executed prior to the "bodily injury" or any insured allege negligence or other "property damage" or "personal and wrongdoing in the supervision, hiring, advertising injury". employment, training or monitoring of others by that insured, if the"occurrence"which caused the However: "bodily injury"or"property damage",or the offense a. The insurance afforded to such additional which caused the "personal and advertising insured only applies afforded extent headdteo additional injury", involved the rendering of, or the failure to law; and render,any professional architectural,engineering or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to such additional insured will not be broader than that which you are a. Preparing, approving, or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured. opinions, reports, surveys, field orders, change orders, or drawings and • specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc.,with its permission 11 of 16 (ALJ00) • b. Supervisory or inspection activities D. Other Insurance performed as part of any related For purposes of this endorsement,the following is architectural or engineering activities. added to the Section IV - Commercial General 3. Professional services do not include services Liability Conditions, 4. Other Insurance within construction means, methods, condition and supersedes any provision to the techniques, sequences and procedures contrary: employed by you or performed by or for the This insurance is excess of all other insurance construction manager, its employees or its available to an additional insured whether on a subcontractors in connection with your primary, excess, contingent or any other basis. ongoing operations. But, if required by a written contract or written C. Limits of Insurance agreement to be primary and noncontributory,this With respect to the insurance afforded to these insurance will be primary to and will not seek additional insureds,the following is added to contribution from any insurance on which the Section III -Limits Of Insurance: additional insured is a Named Insured. If coverage provided to the additional insured is No other coverage or limit in the policy applies to required by a contract or agreement, the most we loss or damage insured by this coverage. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 71 09 16 Office, Inc., with its permission 12 of 16 (ALJ00) • COMMERCIAL GENERAL LIABILITY CL CG 01 14 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION (ADDITIONAL INSURED) This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph (v) is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other Insurance of Section IV—Commercial General Liability Conditions, as follows: (1) This insurance is excess over: (a) Any of the other insurance,whether primary, excess, contingent or on any other basis: (v) That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1. By your acts or omissions, or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations;'or (b) In connection with your premises; 2. By your maintenance, operation or use of equipment leased to you by such person or organization; or 3. By "your work° performed for that additional insured and included in the "products-completed operations hazard"; this insurance shall be primary to and will not seek contribution from the additional insured's own insurance if you and such additional insured have agreed prior to loss in a written contract or written agreement, in effect during this policy period, that this insurance be primary and noncontributory as respects liability described in Subparagraph (1)(a)(v)1., (1)(a)(v)2. or (1)(a)(v)3. above. However, this insurance, in all cases, is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured. • • CL CG 01 14 09 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission 13 of 16 (ALJ00) THIS PAGE INTENTIONALLY LEFT BLANK 14 of 16 (ALJ00) (d) Cooperate with us with respect to (5) A trust, you are an insured. Your trustees coordinating other applicable insurance are also insureds, but only with respect to available to the indemnitee; and their duties as trustees. (2) Provides us with written authorization to: b. Each of the following is also an insured: (a) Obtain records and other information (1) Your "volunteer workers" only while related to the"suit"; and performing duties related to the conduct of (b) Conduct and control the defense of the your business, or your "employees", other indemnitee in such "suit'. than either your "executive officers" (if you are an organization other than a So long as the above conditions are met, partnership, joint venture or limited liability attorneys' fees incurred by us in the defense of company) or your managers (if you are a that indemnitee, necessary litigation expenses limited liability company), but only for acts incurred by us and necessary litigation expenses within the scope of their employment by you incurred by the indemnitee at our request will be or while performing duties related to the paid as Supplementary Payments. conduct of your business. However, none of Notwithstanding the provisions of Paragraph these "employees" or "volunteer workers" 2.b.(2) of Section I — Coverage A — Bodily Injury are insureds for: And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" (a) "Bodily injury" or "personal and and "property damage" and will not reduce the advertising injury limits of insurance. (i) To you, to your partners or members Our obligation to defend an insured's indemnitee (if you are a partnership or joint venture), to your members (if you are and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments a limited liability company), to a co- "employee" in the course of his or ends when we have used up the applicable limit of her employment or performing duties insurance in the payment of judgments or related to the conduct of your settlements or the conditions set forth above, or business or to your other "volunteer the terms of the agreement described in workers" while performing duties Paragraph f.above, are no longer met. related to the conduct of your SECTION II—WHO IS AN INSURED business; 1. Except for liability arising out of the ownership, (ii) To the spouse, child, parent, brother maintenance or use of"covered autos": or sister of that co-employee" or a. If you are designated in the Declarations as: "volunteer worker"as a consequence (1) An individual, you and your spouse are of Paragraph (a)(i)above; or insureds, but only with respect to the (iii) For which there is any obligation to conduct of a business of which you are the share damages with or repay sole owner. someone else who must pay damages because of the injury (2) A partnership or joint venture, you are an described in Paragraph (a)(i) or (ii) insured. Your members, your partners, and above. their spouses are also insureds, but only with respect to the conduct of your (b) "Property damage"to property: business. (i) Owned, occupied or used by; (3) A limited liability company, you are an (ii) Rented to, in the care, custody or insured. Your members are also insureds, control of, or over which physical but only with respect to the conduct of your control is being exercised for any business. Your managers are insureds, but purpose by; only with respect to their duties as your you, any of your"employees", "volunteer managers. workers", any partner or member (if you (4) An organization other than a partnership, are a partnership or joint venture), or joint venture or limited liability company, any member (if you are a limited liability you are an insured. Your "executive company). officers"and directors are insureds, but only (2) Any person (other than your "employee" or with respect to their duties as your officers "volunteer worker"), or any organization or directors. Your stockholders are also while acting as your real estate manager. insureds, but only with respect to their liability as stockholders. Page 10 of 18 ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 15 of 16 (ALJ00) (3) Any person or organization having proper (4) Anyone other than your "employees", temporary custody of your property if you partners (if you are a partnership), die, but only: members (if you are a limited liability (a) With respect to liability arising out of the company), or a lessee or borrower or any of maintenance or use of that property; their "employees", while moving property to and or from a"covered auto". (b) Until your legal representative has been (5) A partner (if you are a partnership), or a appointed. member (if you are a limited liability (4) Your legal representative if you die, but only company) for a "covered auto" owned by with respect to duties as such. That him or her or a member of his or her representative will have all your rights and household. duties under this Coverage Part. (6) "Employees" with respect to "bodily injury" c. Any organization you newly acquire or form, to: other than a partnership,joint venture or limited (a) Any fellow "employee" of the insured liability company, and over which you maintain arising out of and in the course of the ownership or majority interest, will qualify as a fellow "employee's" employment or Named Insured if there is no other similar while performing duties related to the insurance available to that organization. conduct of your business; or However: (b) spouse,The ouse, child, p parent, brother or (1) Coverage under this provision is afforded sister of that fellow "employee" as a only until the 90th day after you acquire or consequence of Paragraph (a)above. form the organization or the end of the c. Anyone liable for the conduct of an insured policy period,whichever is earlier; described above is also an insured, but only to (2) Coverage A does not apply to"bodily injury" the extent of that liability. or "property damage" that occurred before 3. Any additional insured under any policy of you acquired or formed the organization; "underlying insurance" will automatically be an and insured under this insurance. (3) Coverage B does not apply to "personal Subject to Section III — Limits Of Insurance, if and advertising injury" arising out of an coverage provided to the additional insured is offense committed before you acquired or required by a contract or agreement, the most we formed the organization. will pay on behalf of the additional insured is the 2. Only with respect to liability arising out of the amount of insurance: ownership, maintenance or use of "covered a. Required by the contract or agreement, less autos": any amounts payable by any "underlying a. You are an insured. insurance"; or b. Anyone else while using with your permission a b. Available under the applicable Limits of "covered auto" you own, hire or borrow is also Insurance shown in the Declarations; an insured except: whichever is less. (1) The owner or anyone else from whom you Additional insured coverage provided by this hire or borrow a "covered auto". This insurance will not be broader than coverage exception does not apply if the "covered provided by the"underlying insurance". auto" is a trailer or semitrailer connected to No person or organization is an insured with respect a"covered auto"you own. to the conduct of any current or past partnership,joint (2) Your "employee" if the "covered auto" is venture or limited liability company that is not shown owned by that "employee" or a member of as a Named Insured in the Declarations. his or her household. (3) Someone using a"covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. CU 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 11 of 18 16 of 16 (ALJ00) ASCENT UNDERWRITING ASCENT CYBERPRO POLICY (USA) VI. INSURED The insured means: A. The legal entity(s)shown in item 1 of the Declarations; B. Any subsidiary of the legal entity(s)shown in item 1 of the Declarations,but only with respect to wrongful acts,insured events,breaches or threats as detailed under the relevant Insuring Module that occur while it is a subsidiary and otherwise covered by this policy; C. Any past,present,or future officer,director,trustee,or employee of any party described in VI(A)or(B)above,but only while acting within the scope of their duties as such; • g P D. In the event that any party described in VI(A)or(B)above is a partnership,limited liability partnership,or limited liability company,then any partner,principal,stockholder,or owner thereof,but only while acting within the scope of their duties as such; E. Any agent or independent contractor,including distributors,licensees,and sub-licensees,but only while acting on behalf of,at the direction of,or under the control of any party described in Vi(A)or(8)above;and F. With respect to Insuring Module(s)1,2,3,and/or 4,if purchased,coverage hereunder is extended to any individual(s)or entity(ies)required by contract to be named as an additional insured under this policy,but only to the extent of the services as provided by the contract between the party described in VI(A)or(B)above and these individual(s)or entity(ies)and only with respect to damages and claims expenses that exceed your deductible which they become legally obligated to pay as a result of any claim arising solely out of security and privacy wrongful act(s),multimedia and intellectual property wrongful act(s), and/or professional wrongful act(s) committed or allegedly committed by the party(ies) described in VI(A)or(B)above. It is a condition precedent to coverage under the foregoing paragraph that: 1. all individuals and entities included in VI(F)above must abide by all of the policy's terms and conditions; { ) Y P Y 2. all individuals and entities included in VI(F)above must accept and abide by the decisions of us and the legal entity(s)shown in item 1 of the Declarations with regard to'the handling and resolving of any claim;and 3. the named insured is authorized to act and agrees to act on behalf of all individual(s)or entity(ies)insured under this policy with respect to all matters pertaining to the insurance afforded by the policy; Nothing in this policy shall serve to provide coverage for any party described in VI (F)above for claims arising out of security and privacy wrongful act(s), multimedia and intellectual property wrongful act(s), professional wrongful act(s), security event(s),privacy event(s),social media event(s)and/or breach(es)of privacy regulations committed or allegedly committed by any party described in VI(F)above or occurring on the computer networks of the party(ies)described in VI(F) above. VII. DEFINITIONS A. Application means all application forms, including any attachments thereto, and all other information and materials submitted to us by you or on your behalf in connection with the underwriting of this policy. All such applications. attachments,information,and materials are deemed attached to and incorporated into this policy. Bodily injury means physical injury, sickness, disease, death, mental anguish, mental injury, shock, humiliation or emotional distress sustained by any person. C. Breach of contract means breach of a written contract(s)with a client to perform technology services because of: 1. The technology services being negligently performed or containing a material defect; 2. The technology services failing to meet any statutory term concerning quality,safety,or fitness for a particular express purpose,or failing to meet an implied duty to exercise that degree of care or skill consistent with applicable industry standards;or 3. Breach of any hold harmless or indemnity provision regarding infringement of intellectual property rights,breach of security,or the confidentiality of information. Ascent US v2.7 Optio 2018 Kariann Olson From: Ryan Stowasser Sent: Tuesday, April 16, 2019 9:06 AM To: Kariann Olson Subject: RE: Phone Project Attachments: City of ASHLAND [LIAB][1].pdf; Kelley Imaging -Cyber Policy- Insured.pdf The signed addendum is on the way.Attached are the documents that Sharlene reviewed. Ryan From: Kariann Olson <kari.olson @ashland.or.us> Sent:Tuesday,April 16, 2019 9:00 AM To: Ryan Stowasser<ryan.stowasser @ashland.or.us> Subject: RE: Phone Project Hello, Need signed addendum and cyber insurance certificate. Thank you. Kariann Olson Purchasing Representative City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson @ashland.or.us Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for Y subject g disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. From: Ryan Stowasser Sent: Monday,April 15, 2019 1:24 PM To: Kariann Olson<kari.olson@ashland.or.us> Subject: Phone Project I just got off the phone with Sharlene and she has what she needs to move forward. Are there any other barriers for you? Ryan 1 C R.E IT Powered by Kelley Quote Name:VoIP RFP Quote Number:#004355 I Version 2 Prepared For: City of Ashland Expiration:03/28/2019 REIT Powered by Kelley Executive Summary Project Objective The purpose of this project is to implement Mitel Connect VoIP Phone System per the VoIP Phone System RFP dated December 5, 2018. Core Business Services I (541) 858-4288 I www.helpmecore.com I Quote#004355 Page 2 of 7 r C( RE IT Powered by Kelley VoIP RFP Quote Information: Prepared for: Prepared by: Quote#: 004355 City of Ashland Core Business Services Version: 2 Kari Olson Scott Anderson Delivered: 02/27/2019 90 N. Mountain Avenue (541) 858-4288 Expires: 03/28/2019 Ashland, OR 97520 scott.anderson @helpmecore.com kair.olson @ashland.or.us (541) 488-5354 Products Price Qty Ext. Price Mitel Voice Switch ST100A $1,837.06 2 $3,674.12 Mitel Voice Switch ST100DA $3,501.89 1 $3,501.89 Mitel Voice Switch ST1D $1,722.24 1 $1,722.24 Mitel Voice Switch ST50A $1,148.16 20 $22,963.20 Handset: IP930D Dect Phone (Add-on)- includes handset $114.24 9 $1,028.16 charger IP Phone IP655 W/Anti-Glare (Requires ShoreTel 11.1 or later) $429.99 10 $4,299.90 Mitel IP Phone IP420g $125.72 13 $1,634.36 Mitel IP Phone IP485g $229.60 211 $48,445.60 Satellite Microphones for ShoreTel IP Phone 655, Qty 2 $111.95 10 $1,119.50 Start Kit: IP930D DECT Phone (Includes Base, $343.87 11 $3,782.57 Handset&Charger) Analog Harmonica and Telco cable(FF) $37.32 12 $447.84 Rack Mount Tray Kit for two half-width voice switches $37.32 13 $485.16 MiVoice Connect Essentials License Bundle $83.58 199 $16,632.42 MiVoice Connect Courtesy License $41.58 36 $1,496.88 MiVoice Connect Advanced License Bundle $278.45 8 $2,227.60 Core Business Services I (541) 858-4288 I www.helpmecore.com I Quote#004355 Page 3 of 7 c s IT Powered by Kelley Products Price Qty Ext. Price Additional Site License $207.90 22 $4,573.80 Products Subtotal $118,035.24 Support Agreement Price Qty Ext. Price ShoreTel Support Agreement • CORE Remote Support of ShoreTel System • Warranty and Next Business Day Replacement of ShoreGear Switches • Access to ShoreTel System Version Upgrades • Access to ShoreTel Technical Assistance Center via CORE Support Agreement Subtotal $8,682.02 Services Price Qty Ext. Price Fixed Price Implementation Services $17,500.00 1 $17,500.00 Fixed Price Administrator Training Services $1,000.00 1 $1,000.00 Services Subtotal $18,500.00 Quote Summary Amount Products $118,035.24 Support Agreement $8,682.02 Services $18,500.00 Subtotal $145,217.26 Shipping $300.00 Total $145,517.26 By signing and accepting this document, Client acknowledges full understanding and acceptance of this Statement of Work. Client also acknowledges that the provisions listed in the Managed Services Agreement between Client and Core Business Services, LLC apply to this project and may supersede anything listed on this document. Core Business Services I (541) 858-4288 I www.helpmecore.com I Quote #004355 Page 4 of 7 r liUa IT Powered by Kelley Signature Date Core Business Services I (541) 858-4288 I www.helpmecore.com I Quote#004355 Page 5 of 7 REIT Powered by Kelley Terms and Conditions THIS SERVICES TERMS AND CONDITIONS("Terms&Conditions")shall be effective as of the date set forth below and shall be by and between CORE BUSINESS SERVICES,LLC,an Oregon limited liability company(hereinafter referred to as"Core"),and City of Ashland(hereinafter referred to as"Client").NOW, THEREFORE,for and in consideration of the mutual promises and covenants set forth herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Client hereby agrees to the following terms and conditions: 1.1 Services To Be Provided.Core will provide the services,software, hardware and other equipment specifically described in Quote#004355,which is hereby incorporated by reference as a part of this Terms&Conditions.The services described in said Quote#004355,as may be amended by any change orders entered into by the parties,shall be collectively referred to herein as the"Services". 1.2 Additional Services.Any additional Services will require a written change order or subsequent agreement to be entered into.Said change order will set forth the additional Services,additional corresponding fees and an estimate of the time frame to complete the additional Services. 2.1 Invoices. Client will be invoiced for all Products upon approval of the Quote.Client will be invoiced based on the progress of the Services to be provided pursuant to Quote#004355. Client shall also pay Core for all invoices resulting from any change orders requested by Client. 2.2 Adjustments to Fees Due to Increase or Decrease in Services. In the event that the Services to be provided by Core and set forth in Quote#004355 are increased or decreased by mutual agreement of the parties during the term of this Terms&Conditions and a change order to Quote#004355 is entered into by the parties to reflect such increase or decrease,the fees shall be adjusted accordingly. 2.3 Payment. Client shall make payment within thirty(30)days of receipt of an invoice.Amounts not paid within thirty(30)days after the date of the invoice shall accrue interest at a rate of eighteen percent(18%)per annum,or the legal maximum if less,from the date of the invoice until paid in full.Client shall be liable for and shall pay to Core all reasonable costs of collection,including without limitation attorneys'fees and court costs for undisputed amounts.Amounts paid by credit card shall incur a processing fee of one percent(1%). 3.1 License of Certain Software and Hardware. Any and all software and hardware identified in the preceding sections of Quote#004355 as being owned by Core(the"Core Property")shall at all times remain the sole property of Core,and Client is only entitled to a limited license to the Core Property.Client will not attempt to sell, resell,tamper,or move from Client's business premises or otherwise modify the Core Property without the prior written consent of Core.Client agrees to delete all software and remove all hardware from Client's equipment prior to sale or disposal of equipment.Client will provide Core with satisfactory proof of such removal within ten(10)days prior to any sale or disposal date.Client further acknowledges and gives permission to Core to enter upon Client's business premises to confirm the deletion of software and removal of hardware before any sale.Core reserves the right to terminate this limited license immediately in the event of any breach of this Section by Client. 3.2 Ownership of Certain Software, Hardware and Equipment. Any and all software, hardware and equipment identified in Quote#004355 which is not identified as being owned by Core shall become the property of Client.However,Client may not reproduce software for resale. 4. Initial Setup and Delays. Client hereby acknowledges that the setup of the system may be delayed for reasons outside Core's control, including but not limited to,compatibility issues related to Client's software.Core is not liable for any losses or costs attributed to such delays. 5.1 Core's Representations and Warranties.In connection with the performance of its obligations under this Terms&Conditions,Core hereby represents and warrants to Client as follows:Core will perform the Services in a professional and workmanlike manner,in accordance with standard industry practices.Core will provide, at its expense,the necessary personnel and equipment to perform the Services. 5.2.Client's Representations and Warranties.In connection with the performance of its obligations under this Terms&Conditions,Client hereby represents and warrants to Core as follows:In order to allow Core to perform the Services contemplated by this Terms&Conditions,Client hereby authorizes Core to install,modify and/or manipulate software on Client's computer system(s), including but not limited to software already installed on Client's computers or otherwise in Client's possession,and to view any data on Client's computers within the regular course of such installation,modification,and/or manipulation.Client also authorizes Core to delete,change,and/or rewrite any necessary information stored on Client's computers which Core reasonably believes to be necessary in order to complete any such installation,modification,and/or manipulation of software on Client's computers consistent with standard industry practices. 5.3 Indemnification. All representations and warranties made in this Terms&Conditions will survive the execution of this Terms&Conditions.Client agrees to indemnify,defend and hold Core, its successors and assigns,harmless,from and against,any and all claims, liabilities,obligations,costs,expenses,and reasonable attorney's fees(collectively,"Damages")arising out of or related to any breach or inaccuracy of any representation or warranty of Client made in this Terms&Conditions or any related agreement. 5.4 Software Licenses.Client hereby acknowledges and agrees that it has the sole legal responsibility for the ownership and/or rights to license and use all software used in connection with Client's business.Client further represents and warrants to Core that Client has,and so long as this Terms&Conditions is in effect will continue to maintain,valid licenses or other legal rights to use all of such software,without violating or infringing on the intellectual property rights of any other person or entity,and Client agrees to indemnify and hold Core free and harmless from any unauthorized installation or use of software on Client's system(s). 5.5 Upgrade or Replacement of Software or Hardware. In the event that any software, hardware,or equipment owned by Client is determined by Core to be chronically failing and such failure prevents Core from successfully implementing the software, hardware and equipment provided by Core under this Terms& Core Business Services I (541) 858-4288 I www.helpmecore.com I Quote #004355 Page 6 of 7 IUIT Powered by Kelley Conditions,as determined by Core.Client agrees to promptly replace any such failed software, hardware or equipment,at Client's expense. 5.6.Product Warranty.CORE MAKES AND CLIENT RECEIVES NO WARRANTY,WHETHER EXPRESS OR IMPLIED,WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS TERMS&CONDITIONS,AND THERE IS EXPRESSLY EXCLUDED ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.CLIENT ACKNOWLEDGES AND AGREES THAT THE COMPENSATION PAID TO CORE UNDER THIS TERMS& CONDITIONS DOES NOT INCLUDE ANY CONSIDERATION FOR THE ASSUMPTION BY CORE OF THE RISK OF CLIENT'S CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OF UNLIMITED DIRECT DAMAGES.ACCORDINGLY,CORE SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS TERMS&CONDITIONS FOR ANY CONSEQUENTIAL,EXEMPLARY,OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE,BUSINESS INTERRUPTION,LOSS OF USE OF EQUIPMENT,LOST DATA,COSTS OF SUBSTITUTE EQUIPMENT,OR ANY SIMILAR COSTS,EVEN IF CORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF CORE. IN NO EVENT SHALL CORE BE LIABLE HEREUNDER TO CLIENT FOR CUMULATIVE DIRECT DAMAGES IN ANY AMOUNT GREATER THAN THAT PAID BY CLIENT TO CORE UNDER THIS TERMS&CONDITIONS AS BASE FEES FOR THE TWELVE(12)MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE CAUSE OF ACTION. 6. Confidentiality.Each party will protect the secrecy of all Confidential Information,as that term is defined below,received from the other party with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than a reasonable degree of care.Neither party will use or disclose the other party's Confidential Information,except as permitted in this paragraph or for the purpose of performing obligations under the Terms&Conditions.The confidentiality obligations of each party under this Terms&Conditions will survive any expiration or termination of the Terms&Conditions.Upon the expiration or termination of this Terms&Conditions for any reason,each party will immediately cease all use of the other party's Confidential Information and will promptly return, or at the request of the other party,destroy,all Confidential Information in tangible form and all copies of Confidential Information in that party's possession or under its control, and will also remove all copies of Confidential Information on its computers,disks and other digital storage devices.Upon request,a party will certify in writing its compliance with this paragraph.As used herein,the term"Confidential Information"means technical information related to Products or Services,either party's business and/or technical information,and any other information identified by the disclosing party as confidential or proprietary,regardless of whether in tangible,electronic or other form.Confidential Information does not include materials or information that: (i)is generally known by third parties as a result of no act or omission of the receiving party;(ii)subsequent to its disclosure was lawfully received from a third party having the right to disseminate the information and without restriction on disclosure;(iii)was already known by the receiving party prior to receiving it from the other party and was not received from a third party in breach of that third party's obligations of confidentiality;or(iv)was independently developed by the receiving party. 7.1 Failure to Pay. If Core does not receive full payment within thirty(30)days after the date of an invoice,Core may terminate this Terms&Conditions and/or Core may suspend its performance immediately upon notice to Client of nonpayment. If Core suspends its performance,Client will continue to incur fees owed under this contract during the period of suspension. 7.2 Financial Risk. Either party may terminate this Terms&Conditions in the event that the other party terminates or suspends its business operations,or upon the bankruptcy or insolvency of such other party. 7.3 Obligations Following Termination. In the event of termination of this Terms&Conditions by either party,Core shall be entitled to prompt payment for all Services provided pursuant to this Terms&Conditions through the date of termination,as well as all termination fees as set forth in Section 7.4 below,without setoff. Client agrees to disable all administrative access for Core and to change all administrative account passwords on the date of termination. 7.4 Termination Fee. In the event Client terminates this Terms and Conditions for any reason,or in the event Core terminates this Terms and Conditions pursuant to Sections 7.2 and 7.3 above or in response to Client's breach of this Terms and Conditions,Client shall pay a termination fee equal to thirty percent(30%)of the remaining value of the contract. Parties agree that the termination fee is an accurate representation of damages Core will incur upon termination of these Terms and Conditions. 8. Nonsolicitation. Client will not,either directly or indirectly(except through Core)solicit,hire,or contract with any Core employee during the term of this Terms& Conditions and for a two(2)year period following termination thereof(hereafter referred to as the"Nonsolicitation Term").In the event that Client desires to directly hire any Core employee during the Nonsolicitation Term,Client must obtain Core's prior written consent,which may be withheld in Core's sole and absolute discretion.If Client hires a Core employee without first obtaining the written consent of Core,Client shall pay Core a liquidated damage equal to one hundred percent(100%)of the employee's fair market salary,as determined by Core in its sole discretion. 9.1 Governing Law;Jurisdiction and Venue. This Terms&Conditions shall be governed by,construed,and enforced in accordance with the laws of the State of Oregon.Jurisdiction and venue shall exclusively lie in the County of Jackson,City of Medford. 9.2 Entire Agreement. This Terms&Conditions,including the preceding sections of Quote#004355 attached hereto,constitutes the entire agreement between Client and Core with respect to the subject matter hereof, and may only be modified by a signed written Addendum by both parties. 9.3 Attorneys'Fees. In the event of any dispute regarding this Terms&Conditions,the prevailing party shall be entitled to recover all reasonable costs incurred in prosecuting or defending such dispute,including reasonable attorney's fees,even though suit or action is not filed,and if suit or action is filed,the prevailing party shall be entitled,in addition to costs and disbursements provided by statute,such additional sum as the court may adjudge reasonable as attorney's fees,in the trial court,on any appeal, and/or in any bankruptcy proceeding. 9.4 Force Majeure. Core is not responsible for failure to render Services under this Terms&Conditions due to circumstances beyond its control including,but not limited to,acts of God,delays caused by Client,court order,labor disputes,and non-performance by a third party. Core Business Services I (541) 858-4288 I www.helpmecore.com I Quote #004355 Page 7 of 7 • STATEMENT OF WORK Project: The purpose of this project is to procure, configure, and deploy a city-wide VoIP telephone and voicemail system that delivers manageable, maintainable, secure, reliable, and scalable services to replace the existing PBX telephone system. The goal is to provide clear, efficient voice communications to Ashland employees and citizens by delivering modern features while incorporating resiliency to allow for continuity of municipal operations, in the event of disasters or emergencies. Deliverables: • VoIP Telephony and Voicemail System — • IP Telephones (basic, standard, and conference models) for all City sites, as identified in the VoIP Phone System RFP • Hardware and Software required for implementation (except where identified as City- supplied) • Training: System configuration, operation, and support training will be provided for the City's core project team Equipment Supplied by Vendor: [All of the hardware, software, and licensing included in this project, along with its cost, is itemized in the CORE Cost Proposal.] Project Completion Date: The anticipated start date is March 1, 2019 and the preferred completion date for the new system to be fully deployed, operational, and tested complete is May 31, 2019. Terms of Service: • Five year contract with the option to extend the agreement an additional five years. • Additional terms of this agreement are detailed in the associated Goods and Services Agreement, signed by both parties. Project Timeline: [A project plan showing specific tasks and timelines is provided in the CORE Technical Proposal.] Approval: Task check-off and completion of each implementation phase of the project timeline will be acknowledged by agreement of both the CORE and the City of Ashland technical implementation teams. Issues requiring escalation, and final acknowledgement of project completion will be authorized by the Ashland IT Director. TECHNICAL PROPOSAL Provided by: CORE IT Powered by OKelley 2040 Milligan Way, 304 g Y� Medford, OR 97504 541.858.4288 Scott Anderson Senior Vice President, IT Services Scott.Anderson @helpmecore.com January 11, 2019 Ryan Stowasser Information Security Analyst City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 RE: RFP—VoIP Phone System Dear Mr. Stowasser, Thank you for accepting the included proposal for a Mitel Connect VoIP Phone System. As we outline in this proposal, Mitel Connect is a scalable and cost-effective solution for the City. Additionally, as we are located in Medford, with a robust and large team, we will be able to effectively support the City for the long term. Company Name: CORE Business Services P Y Principal Contact: Scott Anderson Senior Vice President, IT Division Physical Address: 2040 Milligan Way Suite 304 Medford, OR 97504 Mailing Address: Same as above Telephone Number: 541.858.4288 Fax Number: 541.858.1041 Email Address: Scott.Anderson @helpmecore.com Thank you for consideration and please contact me with any questions. Sincerely, //),/ Scott Anderson 2 \LE OF CONTENTS • PROPOSAL FORM 4 VoIP PHONE SYSTEM SOLUTION 5 Proposed System 5 Telephone and Fax Numbers 8 Voicemail 8 Support and Operations 10 Scalability 11 QUALIFICATIONS AND EXPERIENCE 11 IP PHONES 12 MANDATORY FUNCTIONALITY(IP Phone Services) Y5 DESIRED FUNCTIONALITY(IP Phone Services) 15 NETWORK REQUIREMENTS 16 SERVER REQUIREMENTS(Software&Database) 16 RESILIENCY OPTIONS 17 TRAINING PLAN 18 PROJECT SCHEDULE& TIMELINE 18 REFERENCES 19 CONTRACT TERMS AND CONDITIONS 19 AFFIDAVIT OF TRADE SECRET(if applicable) 20 3 POSAL FORM Proposal Submission Form attached as Exhibit A. 4 • PHONE SYSTEM SOLUTION 1-oposed System V Clearly identify whether the proposed VoIP Phone System is cloud hosted or on-premise solution. The proposed VoIP Phone System is an on-premise solution that can work with analog (POTS), PRI/Tl, and SIP trunks to provide voice circuits. Additionally, it can operate in a Hybrid mode leveraging the Mitel Connect Cloud solution;which allows the on- premise solution (proposed) to integrate with the cloud solution seamlessly if so desired for future expansion needs. V Explain in detail the VoIP Phone System solution being proposed for the City, including the expected life span of the proposed system. The proposed VoIP Phone System is a Mitel (formerly ShoreTel) Connect on-premise unified communications solution. The system acts as a phone system but also has a feature set that can include many additional features including instant messaging, conference calling, collaboration,presence,mobility, and more. The Mitel Connect system will be fed at the main site with a PM or SIP connection. The main Director server will need to have stable network connectivity to this location and controls configuration of the system, voicemail, and workgroups. A secondary DVS server will be located at another site for resiliency purposes. Mitel switches at each site will terminate connections (PRI/TI/SIP/Analog) to control inbound/outbound calls and add resiliency on a per site basis. • There is no end of life date set for the Mitel Connect system. The Mitel Connect version is the current release of system. We would believe the life span of the system to be 10 years or greater. ✓ Explain what parts of the proposed system and equipment are `industry standard' and what parts are `proprietary'. The proposed Mitel Connect system is proprietary—including software, switches, applications, and phones. Third party, non-proprietary, phones can be used with the system, with limited functionality on the phone itself Additionally, the system itself (Director, virtual switches, applications)run on standard Windows or Linux servers using Hyper-V or VMWare virtualization platforms. V Identify if the proposed system software is `proprietary' or `open source' and the advantages of the type being proposed. The proposed Mitel Connect system is proprietary. The advantages of the system being proprietary is the robust feature set of a full unified communications system, the simplicity of the deployment and configuration, and because it is proprietary it is `purpose-built' GE performs well out of the box with minimal configuration—in most other solutions the phones take extensive configuration to perform even basic functions). V Clearly identify where the VoIP equipment, servers and controls will be physically located. See attached Solution Diagram. In summary, the following equipment will be at the below sites: 5 • Service Center: Director Server(virtualized), Mitel Connect Switches,Phones • Police Station: Distributed Voice Server(DVS) (virtualized), Mitel Connect Switches (redundant)to connect PM,Phones • All Other Sites: Mitel Connect Switch,Phones V Provide a system diagram, a visual model of the system, its components, and their interactions and physical locations. See attached Solution Diagram—City of Ashland MiVoice Connect Deployment. V Provide minimal and ideal Internet speed requirements. Because the system is on-premise, there is no requirement for Internet access in the current deployment. WAN connectivity is required with the following: • Minimal: 1Mb • Ideal: 10Mb V Provide options and/or ways to increase voice clarity or call quality. We recommend implementing QoS, which per the RFP, is already in place. Additionally,higher quality codecs can be configured for site to site and external calling. ✓ Provide options for system customization and include specifically what can and cannot be customized. Hybrid Deployment: This system can be customized to allow the on-premise deployment to integrate with and leverage the Mitel Connect Cloud solution for rapid scalable deployment at remote sites. Call Flow: Completely customizable including unlimited inbound call paths, auto- - attendants,workgroups, etc... Connect(desktop) Client: Fully customizable toolbars, groups, contacts, call handling - modes. Voicemail to Email: Ability to send full .wav file, insert stub in Email, or not allow—are all configurable on a per user basis. Phones: Buttons can be assigned to a wide variety of pre-programmed tasks—extension monitoring, forward to voicemail, call pick up, background screen logo, etc... Microsoft Outlook: Uses Outlook plug-ins to sync call handling mode to Outlook calendar and makes Outlook contacts available in Connect client. ✓ Describe the overall advantages of the proposed solution, e.g., controls,upgrades, scalability, and functionality. Local support—deployed and supported by a local Medford company. 6 Easy to administer—even for someone with a non-technical background. Typically, it takes half of the effort to administer compared to similar VoIP solutions. Easy upgrades—single image architecture allows rapid upgrades to remote sites from a central location. Top 3 solution—because it is one of the top 3 solutions deployed world-wide, there is abundant documentation and resources available online for training and troubleshooting. Additionally, this makes it relatively easy to find someone with expertise to support the system. • Scalability—can easily scale to over 20,000 endpoints. Additionally, adding another site or additional capacity is as simple as adding another switch to the deployment with minimal configuration. Price—when taking into account total cost of ownership, the solution is documented to be less expensive than competing solutions, due to the low cost to administer long term. ✓ Provide the system's record of reliability, availability, and maintainability, including any system failures and how they were repaired or maintained. System architecture allows for N+1 and spare switch deployment so that if one switch fails the system will automatically move resources to another available switch. The mean time to failure of Mitel Connect Switches is 14 years. This is critical as the switch is the backbone of VoIP systems and is where phones and phone lines connect. Spare switches are warehoused locally in Medford for same day delivery. Also, vendor support includes next day RMA. As noted above,Mitel Connect is extremely easy to maintain, administer, and upgrade V Describe any limitations or potential issues with the proposed system and if there are plans in the immediate future to remedy the issue(s). N/A. ✓ Describe any upcoming system updates and/or advanced communication technologies and/or functionality being scheduled for release in the next 1-3 years. Collaboration continues to be a key initiative of the Mitel Connect platform. We anticipate continued integrations with Microsoft Office 365,mobility deployments utilizing Cloud, and more advanced features in the near future. ✓ Provide anticipated end-of-life date for the proposed VoIP phone system. There is no end-of-life date set for the current equipment proposed. We would expect the equipment to be viable for a minimum of 10 years. ✓ Provide the schedule of when new core components to the VoIP phone system are released. Mitel Connect uses rapid deployment methodology so that new features and fixes are constantly being released rather than a few scheduled large releases per year. 7 Explain if and/or when the City will be charged for any upgrades to the VoIP phone system. (Any and all costs are to be included in the Cost Proposal Worksheet.) We include upgrade assistance in Partner Support Agreements. ✓ Explain how data backups of the system are completed and the frequency of backups. Data backups are handled by backing up the Director Server through the City's normal server backup process. ✓ Identify specifically what data is backed up and if the data includes configuration,phone programming and voicemail, etc. Due to the Mitel Connect single image architecture, literally everything is backed up. Return to production functionality is achieved when either the Director server or database is restored. ✓ Explain how to revert changes and recover deleted information if accidentally deleted. For administrative functions, reverting or recovering deleted items (such as users or sites)would have to be recreated or recovered from database backup. For voicemail users have the ability to recover from the deleted voicemails folder until the following day. After that, an administrator would have to recover voicemail files from the Director server or database backup. Telephone and Fax Numbers ✓ Confirm.in writing that each of the City's existing telephone and fax numbers assigned to individual departments and direct telephone numbers assigned to individual employees' desk phones and fax numbers can be readily ported to the new system. Yes,the City's existing telephone and fax numbers will be able to be used with the Mitel Connect system—there is no requirement to port the numbers, as existing CenturyLink trunks will work with the system. ✓ Confirm in writing that the City can continue to use their existing 4-digit extensions,which are the last 4-digits of direct telephone numbers assigned to individual employees' desk phones. Yes,the City can continue to use their existing 4-digit extensions. Voicemail V Describe the overall voicemail system functionality. Any user that needs voicemail can be assigned a license. Built in objects, such as workgroups and route points, automatically have voicemail boxes at no cost. Voicemails can be configured in a variety of Classes,from large to small. These Classes can include everything from message length to storage size to retention period. 8 Users can manage their voicemails from either their phone or Connect Client. Any user can check any voicemail from any phone as long as they know the extension and voicemail password. Workgroup voicemail is separate from a user's individual voicemail and can be managed using the Connect Client. Additionally, Workgroup voicemail read/unread status is synced between all Workgroup members. Voicemails can be sent Email via .wav file. V Provide the recommended system storage requirements for voicemail that will be adequate for the lifespan of the proposed system. Adequate storage requirements depend on the retention policy. We would recommend a minimum of 100GB,with a minimal retention policy and a maximum of 1 TB for the longest retention policy. We do not typically see more than 300GB of storage used for voicemail. ✓ Describe how recorded data moves through the system from creation to deletion. Recorded data is written to the Director Server from the live call stream and resides there until exported or deleted. V Describe all the ways recorded data can get into the system and ways end users can retrieve or export the data. Recorded data can get into the system via voicemail or via calls a user records. End users can retrieve via phone or Connect Client and export via Connect Client to a .wav file. Administrators can access the recorded data files directly on the Director Server. ✓ Describe how data is secured at rest and in transit. Data is not encrypted at rest on the Director Server by Mitel Connect. Live calls are encrypted via SSL. ✓ Describe access to recorded data by an end user. End users can retrieve via phone or Connect Client and export via Connect Client to a .wav file. ✓ Describe access to recorded data by an administrative user. Administrators can access the recorded data files directly on the Director Server. ✓ Describe all voicemail monitoring and reporting that is available. Within Director there is a voicemail dashboard that gives administrators quick access to all relevant information about each mailbox and its current status. ✓ Provide the system retention options, including if the City will be able to create retention policies to delete messages after a length of time. 9 o Incoming message length in seconds. o Maximum number of messages. o Delete saved/unheard messages after X days. o Delete heard messages after X days. ✓ Explain how a call can be recorded by end user and if that call will end up in the voicemail system. To record a call, an administrator must give a user permission to record calls. The user would then push the record button on their Connect Client to record or setup a button on their phone. Once a call is recorded a user accesses it via their voicemail (administrator would access it from the Director Server). ✓ Confirm in writing if the City will be given rights to manage and configure voicemail, including the ways in which voicemail can be configured. The City will have full administrative rights to the system, including the ability to manage and configure voicemail. Voicemail can be configured on a per user basis, or in a shared/Workgroup basis where multiple users can manage. Support and Operations ✓ Describe the support options and/or functions available for the proposed system, including who (Proposer, subcontractor and/or 3rd party vendor)would be providing each of the support options and/or functions. Partner Support provides local support through CORE with the ability for issues to be escalated to Mitel if needed. Enterprise Support gives the City the option to call Mitel support directly for all issues. ✓ Explain specifically how the day-to-day operations for the proposed system will be managed by the service provider(s), including the Proposer, subcontractor(s) and/or 3`d party vendor(s). Day-to-day operations of the system including user add/moves/changes will be managed by the City. Issues, as they arise,will be diagnosed/supported by the City and/or escalated to CORE(through our Partner Support Agreement) as needed. A different support option(if desired) is to engage on an Enterprise Support Agreement, which would allow the City to call Mitel Support direct. ✓ Describe how the VoIP provider(s)would typically provide remote support for the system. Depending on the access permissions allowed by the City, CORE can either install a remote access agent on the Director server that allows as-needed/un-attended or can provide attended adhoc support as requested. ✓ Describe in detail the day-to-day system maintenance requirements to be performed by the City's core project team, including frequency,routine tasks,method of updates,notification process for updates, etc. 10 The only day-to-day maintenance tasks necessary would be standard adds/moves/changes and system backups. Updates are generally done only when a new feature or issue fix is desired (as long as the version is supported). ✓ Provide a system overview or diagram as to who—,VoIP Provider(s) or City -will be required to perform what functions. They City will be responsible for performing all functions and may leverage CORE or Mitel as needed. Scalability ✓ Describe how the system is considered scalable and capable of changing in size and scope, e.g.; if an additional building requires phone and fax services. One of the best and most unique features of the Mitel Connect system is the ability to scale the system cost effectively. Once the base system is in place additional sites can be added by simply adding a switch and phones at the site. The system can also be scaled to additional sites without the need for a local switch at the site, but this negates the resiliency of the system at that site. ✓ If applicable, identify any additional system licensing and hardware/network requirements that would be required for additional City facilities. To add an additional site, the following would be needed: • Mitel Connect Switch • Mitel Additional She License • Mitel User Licenses • Phones QUALIFICATIONS AND EXPERIENCE ✓ Describe the Proposer's organizational framework, special resources, and any other information that will clearly and definitively demonstrate that the Proposer can effectively and efficiently fulfill the long-term (estimate 5-10 years) scope of services ✓ List and identify the Proposer's key technical and functional staff on the vendor's implementation and system management team(s) and provide the role of each team member. Org Chart attached. Key Personnel: • Abe Grupe—VP Technical Services. Previous experience at Lithia Motors as Director of Infrastructure managing voice functionality across all locations. • Peter Nguyen—Service Desk Manager. Previous experience at UTI managing ShoreTel across multiple sites. • Tony Robison—Senior Implementation Engineer. Has led installs and/or upgrades at local similar sized organizations including City of Central Point, Grace Cascade Christian Schools, LaClinica, Grange Co-op,The Center of the Cascades, Siskiyou Community Health, and more. 11 • Rob Adams—System Administrator. Previous experience managing ShoreTel across a wide client base. Now leading our Mitel Connect support efforts across CORE client base. Additionally, all Service Desk technicians are trained on Mitel Connect support. ✓ If applicable, identify all short term and long-term subcontractors and their role in the proposed solution, including the Proposer's relationship with the subcontractor. N/A. ✓ If applicable, identify all 3rd party vendors and their role in the proposed solution, including the Proposer's relationship with the 3rd party vendor. N/A. IP PHONES ✓ BASIC IP PHONE: Provide options and specifications for basic phone(s) that meets or exceeds the minimum requirements outlined in the table found on page 12 of the RFP. • The Mitel IP420g phones have the following features: o Minimal footprint and screen,perfect for occasional use or public spaces/lobbies. o 2 programmable buttons on the phone that can be labeled and light up, configured for 8 lines out-of-the-box. o Displays Caller ID. o Supports all Mandatory Functionality as described in the RFP. o Has as simple+and—on the phone for volume control. o Built-in high-quality speakers and microphone(chosen by the Grammys for superior sound quality). o Powered and connected by a standard Ethernet cable. o Has gigabit network passthrough to daisy-change a workstation or other network device. o Works with most headsets, including the three headsets recommended with this RFP. o Can be wall-mounted. o Directory lookup. ✓ BASIC +WIRELESS OPTION IP PHONE: Provide and options specifications pe fications for basic +wireless phone(s)that meets or exceeds the minimum requirements outlined in the table found on page 12 of the RFP. • The Mitel 930D phones have the following features: o Portable design,perfect for taking calls at a desk or on the move. o 3 programmable buttons on the phone that can be labeled and, configured for 8 lines out-of-the-box. o Displays Caller ID. o Supports all Mandatory Functionality as described in the RFP. o Has as simple+and—on the phone for volume control. o Built-in high-quality speakers and microphone for high performance audio. o Base station is powered and connected by a standard Ethernet cable. Phone is a cordless DECT phone. 12 • o Headphone jack port is standard. o Directory lookup. ✓ STANDARD IP PHONE: Provide options and specifications for standard phone(s) that meets or exceeds the minimum requirements outlined in the table found on page 12 of the RFP. • The Mitel IP480g phones have the following features: o Generous on-phone screen, perfect for moderate to active. o 8 programmable buttons on the phone that can be labeled and light up, configured for 16 lines out-of-the-box. Configurable for up to 256 lines. o Supports a USB-attachable BB424 button box with up to 96 programmable buttons. o Displays Caller ID. o Supports all Mandatory Functionality as described in the RFP. o Supports all Desired Functionality pertaining to phones as described in the RFP. o Has as simple+and—on the phone for volume control. o Built-in high-quality speakers and microphone (chosen by the Grammys for superior sound quality). o Powered and connected by a standard Ethernet cable. o Has gigabit network pass through to daisy-change a workstation or other network device. o Works with most headsets, including the three headsets recommended with this RFP. o Can be wall-mounted. o Directory lookup. ✓ CONFERENCE IP PHONE: Provide options and specifications for conference phone(s) that meets or exceeds the minimum requirements outlined in the table found on page 12 of the RFP. • The Mitel IP655 phones have the following features: o Color touch-screen, conference rooms or executive use. o 12 programmable virtual buttons on the phone that can be labeled and light up, configured for 16 lines out-of-the-box. Configurable for up to 256 lines. o Supports a USB-attachable BB424 button box with up to 96 programmable buttons. o Displays Caller ID. o Supports all Mandatory Functionality as described in the RFP. o Supports all Desired Functionality pertaining to phones as described in the RFP. o Has as simple+and—on the phone for volume control. o Built-in high-quality speakers and microphone(chosen by the Grammys for superior sound quality). o Powered and connected by a standard Ethernet cable. o Has gigabit network pass through to daisy-change a workstation or other network device. o Works with most headsets, including the three headsets recommended with this RFP. o Can be wall-mounted. o Directory lookup. 13 • ✓ HEADSETS: Provide options and specifications for headsets that can be used with STANDARD phone options. Three (3) headset options are desirable. • Jabra Evolve 65 UC MONO—Mono wireless • Jabra Evolve 40 UC Stereo—Stereo USB • Jabra Pro 9450 MONO—Mono USB IMPORTANT: Only options and specifications for IP Phones will be submitted in the TECHNICAL PROPOSAL. PRICING for IP Phones will be requested and submitted separately in the COST PROPOSAL. ✓ Are the proposed IP phones proprietary brand name phones specifically for the proposed system or nonproprietary interchangeable IP phones for use with similar VoIP systems? Proprietary brand name phones manufactured by Mitel to assure quality and ease-of-use. ✓ Provide end-of-sale and/or end-of-life dates for the proposed IP phones. There is no proposed end-of-sale or end-of-life for any of the phones proposed. This should ensure a minimum 7-year product cycle, more likely 10-year. ✓ If software is required, how long will vendor support be provided for the IP phones being proposed. There is no sunset date on support for any of the phones. There should be a minimum of 7 years remaining on the support cycle, more likely 10 years. ✓ Describe or list all the required steps to program,port an existing telephone number, deploy and/or activate a new IP phone and fax line. Program new phone/user: • Setup the user in Director and assign the mac address of the phone to the user. • Plug the phone in. • The system will automatically send the user an Email with a link and instructions to setup the Connect Client and voicemail. Port an Existing Telephone Number: N/A Activate new IP Phone: • See above on Program New Phone. ✓ Confirm in writing if the IP phone can be used regardless of whether the computer is turned on or off. The IP phone CAN be used whether the computer is turned on or off. ✓ Identify if the proposed phones have a network pass-through, so a single network connection can support both the IP phone and computer workstation. (Please note: Preferred, but not mandatory and dependent on the proposed IP phones.) Yes, all phones support network-pass through. 14 • ✓ Identify if the proposed phones utilize a universal ethernet cable to connect to the computer workstation. (Please note: Preferred, but not mandatory and dependent on proposed IP phones.) Yes, a computer is able to be `daisy-chained' to all Mitel IP Phones through standard ethernet cables—either through 100mb or 1 gb connections (depending on phone model). ✓ Provide IP phone warranty coverage options, preferably 2-year or 3-year and/or 5-year options, for the proposed phones, including what the warranty covers and what the warranty does not cover. (Please note: Warranty options will be considered but may or may not be purchased.) Support Agreements may be obtained with or without covering the phones. We typically advise clients NOT to include warranty of the phones, as it is much more expensive that purchasing a couple of extra phones. All phones come with a 13-month warranty out of the box. To warranty them longer you must include them in the support agreement(1, 3, or 5-year terms). Phone warranty covers return and replacement of faulty phones during the covered period. MANDATORY FUNCTIONALITY (IP Phone Services) ✓ Confirm in writing item by item that the proposed system's functionality meets or exceeds the mandatory functionality identified in the list found on pages 14 of the RFP. In addition, please include the corresponding function name(s) used in the proposed system, if different from the function names used in the City's Mandatory Functionality list. Yes, Mitel Connect meets or exceeds all mandatory functionality identified on page 14 of the RFP. Corresponding function names below: • Ring Group= Workgroup • Failover Forwarding=Find Me/Follow Me or Workgroup ✓ Provide a complete detailed list of functions that are provided and included in the proposed system, including function name and description of each function. See attached Feature List. DESIRED FUNCTIONALITY (IP Phone Services) ✓ Confirm in writing item by item, including a complete explanation, as to how the proposed system's functionality meets or exceeds the desired functionality identified in the list found on page 14 of the RFP. In addition,please include the corresponding function name(s) used in the proposed system, if different from the function names used in the City's Desired Functionality list. Interactive Voice Response/Auto Attendants—INCLUDED, UNLIMITED Spoofing Identification—Available as an add-on application Reverse Number Dialing for Police—INCLUDED IN CONNECT CLIENT Phone Call Recording- INCLUDED Voice to Text—Available as an add-on application 15 • Block and Unblock Phone Line Dial Number—INCLUDED VIA * CODE Remote Voicemail Management- INCLUDED Integration with Office 365 -INCLUDED ✓ Clearly identify if the system allows the use of a softphone (software telephone) application program that enables VoIP telephone calls from computing devices and include the name and version of the softphone application program being proposed with the system. Mitel Connect DOES allow use of a softphone. The Connect Client acts as the softphone. Additionally, a Connect Telephony for Microsoft plug-in is offered that allows the Skype for Business application to be used as a softphone. IMPORTANT: The City currently utilizes Microsoft 365, which includes rights and licensing for Microsoft Skype for Business. This is the City's preferred softphone application program. ✓ If available, Proposers may include additional desired functionality that may be of value to the City. The plug-in allows for access to: • Availability State • Dial Pad • Events • Voicemail • Directory • Settings NETWORK REQUIREMENTS ✓ Provide written confirmation that the proposed system will be compatible with the City's Network Infrastructure identified on pages 11 of the RFP. The proposed system will be compatible with the City's current Network Infrastructure. ✓ Provide written confirmation that the City's Network Infrastructure identified on pages 11 of the RFP will be sufficient to run the proposed system—AND/OR-provide a detailed list (make,model, etc.) of all the additional rack-able network hardware that will be required to run the proposed system. The City's Network Infrastructure will be sufficient to run the proposed system. Each location will require 1U of rack space to hold the Mitel telephony switch(es) for site survivability required by the RFP (see site diagram). IMPORTANT: Only the detailed list of additional network hardware requirements is to be submitted in the TECHNICAL PROPOSAL. PRICING for the additional network hardware will be requested and should be submitted separately in the COST PROPOSAL. SERVER REQUIREMENTS (Software & Database) ✓ Provide written confirmation that the proposed system will be compatible with the City's Server Infrastructure identified on page 10 of the RFP. The proposed system will be compatible with the City's server infrastructure. 16 ✓ Provide written confirmation that the City's Server Infrastructure identified on page 10 of the RFP will be sufficient to run the proposed system—AND/OR-provide server build requirements, including a detailed list of software and database requirements that will be required to run the proposed system. The City's Server Infrastructure will be sufficient to run the proposed system. IMPORTANT: Only the detailed list of additional software and database requirements is to be submitted in the TECHNICAL PROPOSAL. PRICING for any additional software and database requirements will be requested and should be submitted separately in the COST PROPOSAL. CITY'S SECURITY REQUIREMENTS ✓ Provide written confirmation that ALL connections over public networks will be encrypted using HTTPS (Hyper Text Transfer Protocol Secure) and VPN(Virtual Private Network) tunnels where appropriate. All connections over public networks will be encrypted using HTTPS and VPN tunnels where appropriate. ✓ Provide written confirmation the VoIP Phone System integrates with Active Directory to control access for devices and users. The proposed system DOES integrate with Active Directory. ✓ Describe any additional security measures built into the proposed system. • All phone conversations are encrypted within the Mitel system. • Password policies can be set to enforce strong passwords and password changes. • The Director web management interface is encrypted and runs over HTTPS. • Any passwords stored in the database are hashed to avoid storage in clear text. • Role-based access control is in place to provide different users different levels of administrative access. • Changes to the system can only be made from the Director server and are replicated out to the various other servers and Mitel switches. Note to reiterate: Phones will automatically join our voice VLAN(Virtual Local Area Network)when connected to the City's network. RESILIENCY OPTIONS ✓ Explain the surefire resiliency option(s)that can be built into the proposed system for critical communications, including continuity-of-governance, during local and/or regional emergency operations activation. The proposed system offers true resiliency through an N+1 design(N+1 =having one additional Mitel Switch allows the users connected to any switch organization wise to connect to the additional `spare' switch. Additionally, switches at each site will be one or more analog lines to offer voice redundancy in the event of a WAN outage. ✓ Provide a system diagram for the proposed resiliency option(s), a visual model of the required connections, components, and their interactions. 17 See attached System Diagram. ✓ Provide a detailed list of all the required equipment, including software,hardware components and/or rack-able network equipment that will be required for the proposed resiliency options. The proposed resiliency option will consist of 2 Mitel switches—an ST100D for PRI and N+1failover, and an ST1OOA for Spare switch failover- and one virtualized Distributed Voice Server. This should take no additional rack space as the Mitel switches are all half-width so the spares will fit in 1U with the production switches. Note to reiterate: Resiliency options for at least one or more phone lines per City building must remain operational. Actual number of phone lines to be determined. TRAINING PLAN ✓ Explain the Proposer's onsite training methodology. In a train the trainer scenario such as this,we will conduct an onsite classroom training with the core project team concerning Director administration, Connect Client install and configuration, Connect Client use, and phone use. ✓ Describe all the phases and/or levels of training that will be required for the City's core project team to become fully knowledgeable of the proposed system,to program and deploy IP phones,train end-users and manage the day to day system requirements after the system is fully operational. An in-person administration training and end-user training will be required. Additionally there approximately 4-hours of self-paced web trainings to get new administrators familiar with the Mitel Connect system. ✓ Propose a training schedule for the City's core project team. This can be a supplemental schedule specifically for training and/or included in the detailed Project Schedule and Timeline requested in section below titled Project Schedule&Timeline. Included in Project Schedule & Timeline. ✓ List and describe all the types of system and end-user training manuals, materials and options that will be made readily available to the City. • In-person classroom-style training at one or a few of the City's facilities. • End-user self-paced webinar training videos on both the phones and the Connect p g p Client software. • Quick-start guides for each model of phone and the Connect Client. ✓ Provide website names, addresses and log in requirements for any online demos of the proposed system and training manuals that are available for public viewing. Demos can also be provided on a thumb drive and submitted with the Technical Proposal. The City reserves the right to view the Proposer's demos of the proposed system and training manuals. PROJECT SCHEDULE & TIMELINE 18 • ✓ Provide a detailed project schedule and timeline to complete all the required tasks, e.g., fit/gap analysis, migration plan, implementation, deployment, training, system testing, etc. to produce the deliverables. The anticipated start date is March 1,2019 and the preferred completion date is May 31,2019. See attached Project Plan& Timeline. REFERENCES ✓ Provide at least three references, preferably government or municipal references, of comparable size and scope of services, including a description of the services that were performed for each of the references. Include the name of the company, contact name, telephone number and email address of the individual who can verify the account and your performance. The City reserves the right to verify these references. City of Central Point Jason Richmond IT Director Jason.Riclunond@centralpointoregon.gov 541.423.1984 Installation and admin/user training of ShoreTel Unified Communications System. Coos Health and Wellness Steven Ryan Network Administrator Steven.Ryan@chw.coos.or.us 541.751.2600 Installation and admin/user training of ShoreTel Unified Communications System. Siskiyou Community Health Steven Bivens IT Systems Administrator sbivens @siskiyouhealthcenter.org 541.472.4753 Installation and admin/user training of ShoreTel Unified Communications System and Enterprise Contact Center. Grange Co-Op David Forehand IT Director dforehand @grangecoop.com 541.664.1261 Installation and admin training of ShoreTel Unified Communication System across 8 locations. CONTRACT TERMS AND CONDITIONS ✓ Indicate acceptance of the City's contract provisions found in the Goods and Services Agreement attached as Exhibit E or suggest reasonable alternatives that do not substantially impair the City's rights under the contract. Some contract terms and conditions may be negotiable. Acceptance. 19 ✓ Provide a copy of the Proposer's contract that includes all applicable terms and conditions. See attached Proposal with contract terms. ✓ Provide copies of contracts that will be required by each subcontractor and/or 3rd party vendor. N/A. ✓ Provide Proposer's typical contract terms (length of contract in years) for the proposed cloud hosted or on-premise system? 1, 3, or 5-year Support Agreements are available. ✓ What is the cancellation process? The Support Agreements are paid upfront. To cancel the agreement with CORE, you may submit a Change or Partner form to Mitel. There is no refund on the amount paid, but the services provided by Mitel do carry forward to another partner (software updates, support from ShoreTel, warranty of switches). ✓ The Certificate of Compliance attached as Exhibit C, is required to be signed and included with your proposal. Included. AFFIDAVIT OF TRADE SECRET(if applicable) ✓ If applicable ONLY, complete the Affidavit of Trade Secret submission form attached hereto as Exhibit D and submit a redacted copy of the proposal being submitted in response to this RFP. N/A. IMPORTANT: Proposals become public information after the City releases a Notice of Intent to Award a Public Contract. For information to be kept confidential to the extent the law so allows, you must include Affidavit of Trade Secret and a redacted copy of your proposal. 20 COST PROPOSAL ✓ Complete and include the COST PROPOSAL WORKSHEET attached as Exhibit B. • The cost proposal worksheet is organized in the same format as the proposal contents. (Lines and formulas can be added and/or revised as needed under each category on the excel spreadsheet.) • The cost worksheet is to include ALL start-up costs and ALL recurring costs for Year 1,Year 2,Year 3,Year 4 and Year 5. • Provide descriptions for itemized and detailed costs under each category. • Include expenses (if applicable) for travel, lodging and meals, preferably at Federal per diem rates. ✓ In addition, Proposers may also propose alternative pricing options separately for the City's consideration. ✓ If applicable, Proposers may propose and provide fees for any additional services being offered. IMPORTANT: The Cost Proposal is to be submitted separately from the technical proposal in a sealed envelope marked"COST PROPOSAL"per the submission instructions on page 23. 21 EXHIBIT A • Request for Proposals VoIP PHONE SYSTEM December 5,2018 Proposal Submission Form The undersigned Proposer submits this proposal in response to the City's Request for Proposals (RFP) for VoIP PHONE SYSTEM,released on December 5,2018. The Proposer warrants that Proposer has carefully reviewed the RFP and that this proposal represents Proposer's full response to the requirements described in the RFP. The Proposer further warrants that if this proposal is accepted, the Proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor,materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The Proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: The Proposer hereby acknowledges receipt of Addendum Nos. ;,2, 3 , 4 , 5 to this RFP. Full legal name of company: Kelley Imaging Systems(DBA:CORE Business Services) Principle owner's name: Ario Manion Business Address: 2040 Milligan Way,Suite 304,Medford,OR 97504 State and location of company headquarters: Kent wA Year business established: 1974 Telephone Number: 541.853.4288 Fax Number: 541.858.1041 Email Address: scott.anderscn @helpmecore.com Authorized Signature: . Printed/Typed Name: Scott Anderson Title: Senior Vice President • Date: January 14,2019 RFP—VolP Phone System,Page 26 of 36 EXHIBIT C Certificate of Compliance Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the Proposer in this matter, that I have authority and knowledge regarding the payment of taxes,and that contractor is,to the best of my knowledge,not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: In compliance with ORS 279A.110(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of Proposer in this matter, and to the best of my knowledge the Proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. Corporate`Officer: By: �v (' Signature 1 C Asot-PcFM.1- i Print Name `0%4 — V iCc /9itk'),�)�)1�J Title Date RFP—VoIP Phone System,Page 28 of 36 City of Ashland MIVoice Connect Deployment 7., Ja. It laLL At, AIL lark Att, jart Waste Water Treatment Fire Station 1 North Mountain Lithia Maintenance Lithia Log Cabin Fire Station 2 Water Treatment I P480g x 6 I P480g 20 I P480g 6 I P480g x 1 I P480g x 7 IP480g x 5 IP480g x 3 930D x 2 Analog Fax x 2 Analog Fax x 1 930D x 2 IP655 x 1 Analog Fax x 1 930D x 4 Public Works IP420 x 2 Analog Trunk x 4 Analog Trunk x 4 Analog Trunk x 4 Analog Fax x 1 Analog Trunk x 4 Analog Trunk x 4 IP480g x 35 Analog Trunk x 4 ST50A ST50A ST50A Analog Trunk x 4 ST50A ST50A IP655 x 2 ST50A ST50A Analog Fax x 1 Analog Trunk x 4 Pioneer Hall ST50A IP480g x 1 Analog Trunk x 4 Internet ST50A 1Gb WAN /,AFN// 1 Centurylink PRI PSTN ft Alt City Hall IP420 x 1 gi 1: ii : li IP480g x 31 - U: Dam/Reservoir IP655 x 2 �� IP420 x 1 Analog Fax x 5 Note: There is at least a Analog Trunk x 4 1Gb WAN connection Service Center Police Station ST50A Analog Trunk x 8 IP420 x 1 IP420 x 3 ST100A between all locations and IP480g x 28 IP480g x 31 ICI the Service Center IP655 x 1 IP655 x 1 Att. 930D x 1 Analog Fax x 5 Analog Fax x 2 Analog Trunk x 8 Analog Trunk x 4 PRI x 24 Cemetery Oak Knoll Maint Shop ST50A ST1D IP480g x 1 IP420 x 3 ST100A ST100DA Analog Trunk x 4 ST50A IP480g x 1 HQ Server DVS Streets&Fleet Shop 930D x 1 Analog Trunk x 4 IP480g x 6 ST50A AL Att, AL AL- 930D x 1 Ati. Analog Fax x 1 Analog Trunk x 4 ST50A Police Contact Stn Municipal Court Oak Knoll Pro Shop Grove Daniel Meyer Pool Senior Center Prepared by:T. Robison IP480g x 3 IP480g x 7 IP480g x 1 IP480g x 31 IP480g x 1 IP480g x 4 Date: 1/7/2019 Analog Trunk x 4 IP655 x 1 Analog Trunk x 4 Analog Trunk x 4 930D x 1 930D x 1 CORE BUSINESS SERVICES ST50A Analog Trunk x 4 ST50A ST50A Analog Trunk x 4 Analog Trunk x 4 ST50A ST50A ST50A Mitel Connect Feature List . Voice Switches Telephone Features Call barge In Trunk types DSP features Call conference(6-party) Analog loop start Dynamic echo cancellation Call forward,busy Analog wink start Dynamic jitter buffer Call forward,external T1 loop start Lost packet handling Call forward,no answer T1 wink start Voice compression Call hold T1 PRI • Linear Call join • NI2 • G.711 Call park/unpark • 4ESS • ADPCM Call pickup • SESS • G.729a Call recording • DMS 100 " Call stack(1-16 calls) • OSIG Call redirect E1 PRI System features Call transfer,blind • EURO-ISDN Account codes Call transfer,consultative • QSIG Admission control Call transfer,intercom • SIP Backup auto-attendant Call transfer,mailbox • RFC 3261 -SIP Bridge call appearance Call waiting • RFC 2976-SIP INFO Call permissions Caller ID name • RFC 3891-SIP Replace Extension length(3-5 digits) Caller ID number • RFC 3515-SIP Refer Fax redirection Caller ID blocking • RFC 2396-URI Feature permissions Directory dialing • RFC 2388•DTMF IP phone failover Distinctive dial tone Media encryption • Distinctive ringing Office Anywhere E911 Trunk Features On-net dialing(1-7 digits) ANI Group paging Automatic trunk maintenance Power fail transfer Handsfree PSTN failover Hot key pad Caller ID name SMDI InstaDial Caller ID number SNMP Intercom Centrex flash Night bell Dial-in prefix Hunt groups Message waiting Dial-out prefix Simultaneous hunt Missed call DID Top down hunt Multiple line appearance Digit translation Single or multiple calls Music-on-hold DNIS per extension Operator("0°) Network call routing Busy out group On hold reminder ring Network/User side PRI Busy out extension Office Anywhere Off-system extensions 16 extensions max.per switch Outbound caller ID Tandem trunking 5 groups max.per switch Paging Trunk groups Call forward busy Redial Call forward no answer Ring tone selection lP phone support Scheduled modes Speed dial MGCP Silent monitoring SIP Voice mail("#") VLAN(DHCP) Whisper page ToS/Diff Dew UDP 5004(patent pending) • • Telephones Features Call redirect Yes Call timer Yes Caller ID name,number Yes Conference call mgmt. 6 party Directory Unlimited(system) Message waiting(LED) Yes Missed call indicator Yes Redial/history Last 1000 numbers Ring tone selections 4 Speed dial Unlimited Time and date Yes(SNTP sync) Transfer to voice mail Yes • On hook dialing Yes Option Management Call handling mode Yes Call forwarding Yes Handsfree mode Yes Ring tone Yes Agent state Yes IP Telephony Protocol SIP/MCGP Quality of service VLAN,DiffServ/ToS, UDP5004 Supported codecs Wideband • 6.711 uLaw G.729A Power(standard) 802.3af PoE Power(optional) Local adapter(optional) Ethernet 10/100/1000 switch IP addressing DHCP,Static Power(idle/active) Class 2(560),Class 3 (560g)PoE 3.4W/6.4W (560),4.3/8.2(560g) Interfaces RJ-45 Ethernet uplink RJ-45 Ethernet downlink RJ-22 handset jack RJ-22 headset jack Loop length 100 meters Hearing-aid compatible Yes • I • Director Management Installation Installation wizards Maintenance Integrated software distribution Real-time monitoring License management Event reporting Silent client install E-mail event notification SNMP Administration Online help Browser-based interface Centralized administration: Call Detail Reporting Call control CDR database Voice mail Integrated archival Automated attendant Bundled reports: Workgroups User activity Call detail reporting Trunk activity Multi-user access Workgroup agent activity Multi-level access control Workgroup queue activity User ID and password protection WAN activity User groups Third party integration Call permissions Space-delimited CDR output Telephony permissions Voice mail permissions Trunk groups Dialing plans Dynamic configuration Automatic synchronization Unattended restart Online help • ID 0Task !Task Name Duration Start Finish Jan 12, '14 Jan 19, '14 Jan 26, '14 0 Mode I T F S S I M T W T F S S I M T W T F S S M I T W 1 E Discovery 15 days Fri 3/1/19 Thu 3/21/19 2 Kickoff 1 day Fri 3/1/19 Fri 3/1/19 meeting/requiremi gathering 3 * User/Extension List 8 days Mon 3/4/19 Wed 3/13/19 4 * IP Assignment 1 day Thu 3/14/19 Thu 3/14/19 5 YE* Information gather 5 days Fri 3/15/19 Thu 3/21/19 6 ime Design 26 days Fri 3/22/19 Fri 4/26/19 7 * Call Flow Design 5 days Fri 3/22/19 Thu 3/28/19 8 * Design Discussion 1 day Fri 3/29/19 Fri 3/29/19 9 * Paging Group 4 days Mon 4/1/19 Thu 4/4/19 Definition 10 * Final Call Flow Desi4 days Fri 4/5/19 Wed 4/10/19 11 * List of messages 1 day Thu 4/11/19 Thu 4/11/19 to be recorded 12 * Pilot 10 days Mon 4/15/19 Fri 4/26/19 13 NIP Deploy 8 days? Fri 4/12/19 Tue 4/23/19 14 Server/switch Instc3 days Fri 4/12/19 Tue 4/16/19 15 Call Flow 2 days Wed Thu 4/18/19 Implementation 4/17/19 16 * Message Recording 1 day Fri 4/19/19 Fri 4/19/19 17 * On-hold 1 day Fri 4/19/19 Fri 4/19/19 implementation 18 Tit1,, Overhead Paging Implementation Task Inactive Task Start-only C Split Inactive Milestone Finish-only ] Milestone • Inactive Summary i J Deadline Project:TEMPLATEShoreTelProjec Date: Mon 1/14/19 Summary Manual Task t i Progress Project Summary ll [1 Duration-only Manual Progress — -- External Tasks Manual Summary Rollup External Milestone O Manual Summary Page 1 ID Task Task Name Duration Start Finish Jan 12, '14 Jan 19,'14 Jan 26, '14 0 ,Mode , T F S S M T W T F S S I M I T W T F S S I M T W 19 Phone Line Cutove 1 day Mon 4/22/19 Mon 4/22/19 20 Final Testing 1 day Tue 4/23/19 Tue 4/23/19 21 Et Wrap-up 25 days Wed 4/24M Tue 5/28/19 22 Training 3 days Wed 4/24/19 Fri 4/26/19 23 On-site Day 1 1 day Mon 4/29/19 Mon 4/29/19 24 Misc Config Tweak 21 days Tue 4/30/19 Tue 5/28/19 Task Inactive Task Start-only C Split ,,, ,,,,,,,,, ,,,, Inactive Milestone Finish-only 3 Milestone ® Inactive Summary 7 C Deadline Project:TEMPLATEShoreTelProjec Date: Mon 1/14/19 Summary Manual Task I 1 Progress Project Summary a a Duration-only Manual Progress External Tasks Manual Summary Rollup External Milestone O Manual Summary Page 2 CITY OF ASHLAND Request for Proposals VoIP PHONE SYSTEM Date of Release: December 5, 2018 Proposals are due prior to: 2:00:00 PM (PST), TUESDAY, JANUARY 15, 2019 Contracting Agency: City of Ashland Sole Point of Contact: Kari Olson Title: Purchasing Representative Address: City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Telephone: (541) 488-5354 Fax: (541) 488-5320 Email: kari.olson(u�ashland.or.us RFP—VoIP Phone System,Page 1 of 35 • TABLE OF CONTENTS 1. PUBLIC NOTICE 3 2. PROPOSAL PROCESS 4 3. SCHEDULE OF EVENTS 5 4. SCOPE OF SERVICES 10 5. PROPOSAL CONTENTS 15 6. PROPOSAL SUBMISSION 23 7. EVALUATION PROCESS 24 8. EVALUATION CRITERIA 25 EXHIBIT A-PROPOSAL SUBMISSION FORM EXHIBIT B- COAT PROPOSAL WORKSHEET EXHIBIT C- CERTIFICATE OF COMPLIANCE EXHIBIT D-AFFIDAVIT OF TRADE SECRET EXHIBIT E-GOODS & SERVICES AGREEMENT RFP—VoIP Phone System,Page 2 of 35 • PUBLIC NOTICE: CITY OF AS H LAN D Request for Proposals VoIP PHONE SYSTEM Proposals are due prior to 2:00:00 PM(PST),Tuesday,January 15,2019 The City of Ashland is requesting proposals for a comprehensive city-wide VoIP Phone System that delivers a manageable, secure,reliable and scalable system to replace the City's existing PBX telephone system. The City will consider both cloud hosted and on-premise VoIP Phone System solutions.The proposed solution must meet or exceed the City's security requirements and communication needs. Project Deliverables • VoIP Phone System(manageable,secure,reliable and scalable) • IP Phones(basic,standard, conference and headsets) • Network Equipment(if specifically required by vendor) • IP Phone Services(mandatory/desired functionality) • Software(if any) • Training(City's core project team) • Resiliency Options(for critical communications,including continuity-of-governance,during local and/or regional emergency operations activation) The REQUEST FOR PROPOSALS is available online at www.ashland.or.us Log on to the City's website,scroll down the home page to the section titled`Online City Services' and click on"Proposals,Bids and Notifications". Click on REQUEST BID PACKET(beneath the public notice),log in to the system and download the solicitation documents.You will need to log in to the system each time you would like to download the solicitation documents and any subsequently issued addenda. In accordance with AMC Section 2.50.080,Competitive sealed proposals may be available online,but applicants will NOT be able to submit their proposals and/or responses online. Proposals must be delivered in hard copy form to the City in accordance with the requirements outlined in the RFP. Individuals that obtain the solicitation materials electronically are responsible for regularly checking for instructions,addenda,and related materials. Contract terms,conditions and specifications may be reviewed in the City of Ashland,Purchasing Office,located at 90 N. Mountain,Ashland,Oregon. Deadline for submitting questions and requests for additional information: 5:00 PM(PST),Friday,January 4,2019 Sealed Proposals must be received prior to 2:00:00 PM(PST),Tuesday,January 15,2019,by Kari Olson,Purchasing Representative in the City of Ashland,Purchasing Office located at 90 N.Mountain Avenue,Ashland OR 97520.The proposals will be opened at 2:00:00 PM(PST),Tuesday,January 15,2019,and the City will record and make available the identities of the proposers.Proposals will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award has been issued. Kari Olson Purchasing Representative City of Ashland,Oregon Kari.olson@ashland.or.us Tel: 541-488-5354 Published: December 5,2018 RFP—VoIP Phone System,Page 3 of 35 Ira&WATII CITY OF ASHLAND Request for Proposals VoIP PHONE SYSTEM December 5,2018 ORS 279B.060(2)(c) PURPOSE OF REQUEST FOR PROPOSALS The City of Ashland is requesting proposals for a comprehensive city-wide VoIP Phone System that delivers a manageable, secure, reliable and scalable system to replace the City's existing PBX telephone system. The City will consider both cloud hosted and on-premise VoIP Phone System solutions. The proposed solution must meet or exceed the City's security requirements and communication needs. Project Deliverables • VoIP Phone System(manageable, secure,reliable and scalable) • IP Phones (basic, standard, conference and headsets) • Network Equipment(if specifically required by vendor) • IP Phone Services (mandatory/desired functionality) • Software an if ( Y) • Training (City's core project team) • Resiliency Options (for critical communications, including continuity-of-governance, during local and/or regional emergency operations activation) The City's intent is to enter into an agreement with the successful proposer for a term of five (5)years with the option to extend the agreement for an additional five (5) years for a maximum term of ten(10)years. This Request for Proposal (RFP) is intended to provide interested proposers with sufficient information to prepare and submit a proposal for consideration by the City. ORS 279B.060(2)(b) SOLE POINT OF CONTACT Information, correspondence and questions pertaining to this Request for Proposals (RFP) shall ONLY be directed to: Name: Kari Olson Title: Purchasing Representative Address: City of Ashland 90 N.Mountain Avenue,Ashland,OR 97520 Telephone: 541-488-5354 Fax: 541-488-5320 Email: Kari.olson(a,ashland.or.us This person is the sole point of contact during the entire RFP process including clarification and/or protest of specifications, method of bidding, the evaluation and award process, and/or other questions that may arise. The RFP documents may be reviewed upon request by contacting the designated sole point of contact listed above. RFP—VoIP Phone System,Page 4 of 35 OAR 137-047-0260(2)(a)(C) OPENING DUE DATE AND TIME Proposals must be received prior to the scheduled opening. The opening is scheduled for the following due date and time: Proposals are due prior to: 2:00:00 PM (PST),Tuesday,January 15, 2019 The proposal must be addressed to the designated sole point of contact and received prior to the due date and time. Proposals received after CLOSING are considered LATE and will NOT be accepted for evaluation. Late proposals will not be considered. OAR 137-047-0260(2)(c)(A) SCHEDULE OF EVENTS ACTIVITY DATE Request for Proposals Released December 5,2018 1St Public Notice December 5,2018 Deadline for Submitting Questions and 5:00 PM(PST),Friday,January 4,2019 Requests for Additional Information RFP Protest Period Ends 5:00 PM(PST),Friday,January 4,2019 2:00:00 PM(PST),Tuesday,January 15,2019 DUE DATE AND TIME (Note: Proposals must be received prior to the due date and time.) Location: City of Ashland,Purchasing Office 90 N.Mountain,Ashland,OR 97520 Evaluation Process January 16—25,2019 Contract Recommendation Upon completion of evaluation process Notice of Intent to Award Announcement (7)Days prior to executing contract Award Protest Period Ends (7)Days after Notice of Intent to Award is released • Contract Recommendation • Presented to City Council for Final Approval February 5,2019 Contract Award Upon Council Approval and (7)Days after the Notice of Intent to Award Announcement Anticipated START DATE March 1,2019 NOTE: This is a tentative schedule and is provided as a courtesy to potential proposers. The actual schedule may vary from that provided without notice to potential proposers. Any changes made to the closing date of the RFP will be made in the form of an addendum and mailed to all potential proposers who have received RFP documents. QUESTIONS AND REQUESTS FOR ADDITIONAL INFORMATION: All potential proposers are encouraged to ask questions and request additional information that will aid in the clarification of the RFP requirements. Questions and requests for information will be promptly considered, and written responses will be provided in the form of a written addendum and posted on the City's website. All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must: • Be delivered via email to the Sole Point of Contact identified on page 4 of the RFP • Reference the name of the RFP • Identify the Proposer's name and contact information • Be sent by an authorized representative • Refer to the specific area of the RFP being questioned(i.e. page, section and paragraph number); and • Be received by the due date and time for Questions/Requests for Clarification identified in the schedule RFP—VoIP Phone System,Page 5 of 35 OAR 137-047-0260(2)(a)(F)Addenda The provisions of this RFP cannot be modified by oral interpretations or statements. Proposers are cautioned not to make any assumptions as to the implied meaning or intent of any part of the RFP. Proposers should request clarification. If inquiries or comments by proposers raise issues that require clarification by the City, or the City revises any part of this RFP, addenda will be provided in the form of a written addendum and posted on the City's website. Receipt of an addendum must be acknowledged by signing and returning it with the proposal. Addenda will be issued within a reasonable time to allow prospective proposers to consider the addenda in preparing their proposals. Unless a different deadline is set forth in the addendum, a proposer may submit a request for change or protest by the close of the next business day after the issuance of the addendum, or up to the last day the RFP Protest Period ends,whichever date is later. If the date established in the previous sentence falls after the RFP Protest Period ends,the City will consider a request for change or protest to the addendum only. Addenda shall not be issued less than 72 hours before the closing unless the addendum also extends the closing. ORS 279B.405 Protest Solicitation Process A prospective proposer for a public contract solicited under ORS 279B.055, 279B.060 or 279B.085 may file a protest with the City if the prospective proposer believes that the procurement process is contrary to law or that a solicitation document is unnecessarily restrictive, is legally flawed or improperly specifies a brand name. If a prospective proposer fails to timely file such a protest, the prospective proposer may not challenge the contract on grounds under this subsection in any future legal or administrative proceeding. If the protest is received at least 10 days prior to bid closing and meets the requirements of ORS 279B.405,the City shall consider the protest and issue a decision in writing. Otherwise, the City shall promptly notify the prospective proposer that the protest is untimely or that the protest failed to meet the requirements and give the reasons for the failure. The City shall issue a decision on the protest no fewer than three business days before proposals are due, unless a written determination is made by the City that circumstances exist that justify a shorter time limit. Protests must: • Be delivered to the Sole Point of Contact identified on page 4 via email, facsimile, hard copy • Reference the name of the RFP • Identify prospective Proposer's name and contact information • Be sent by an authorized representative • State the Reason for the protest, including: o the grounds that demonstrate how the procurement process is contrary to law,unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based • State the proposed changes to the RFP provisions or other relief sought • Protests to the RFP must be received by the due date and time identified in the schedule • Protests to addenda must be received by the close of the next business day after the issuance of the addendum, or up to the last day the RFP Protest Period ends,whichever date is later. OAR 137-047-0440 Pre-Closing Modification or Withdrawal of Offers A proposer may modify its proposal in writing prior to the closing in accordance with OAR 137-047-0400, OAR 137-047-0410 and OAR 137-047-0440. Any modification must include the proposer's statement that the modification amends and supersedes the prior proposal. A proposer in accordance with OAR 137-047-0440 may withdraw its proposal by written notice submitted on proposer's letterhead, signed by authorized representative of the and delivered to the individual and location specified in the solicitation document prior to closing. proposer, p p g OAR 137-047-0460 Late Offers,Late Withdrawals and Late Modifications Any proposal received after closing is late. A proposer's request for withdrawal or modification of a proposal RFP—VoIP Phone System,Page Cvof 35 • received after closing is late. An Agency shall not consider late proposals, withdrawals or modifications except as permitted in OAR 137-047-0470 or 137-047-0262. Proposal Acceptance Proposals that do not address all areas requested by this RFP may be deemed non- responsive and may not be considered for any possible contract awarded resulting from this RFP. ORS 279B.060(2)(e) Cancel,Reject or Delay Procurement The City of Ashland may cancel the procurement, reject in whole or in part any or all proposals, or suspend or delay the procurement in accordance with ORS 279B.100 when it's in the best interest of the City of Ashland as determined by the City of Ashland. In no event shall the City of Ashland have any liability for the cancellation,rejection, or suspension of a solicitation or award. The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal. Collusion By submitting a proposal, proposer certifies that no officer, agent, or employee of the City of Ashland has a monetary interest in this proposal; that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer and that the proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or company. Disputes In case of any doubt or differences of opinions as to the items or services to be furnished hereunder, or the interpretation of the provisions of the RFP,the decision of the City of Ashland shall be final and binding upon all parties. Clarification of Responses The City of Ashland reserves the right to request clarification of any item in any proposal, or to request additional information necessary to properly evaluate a particular proposal. References The City of Ashland reserves the right to investigate any and all references and the past performance information provided in the proposal with respect to proposer's successful performance of similar projects, compliance with specifications and contractual obligations,'compl'&tion or delivery of a project on schedule, and lawful payment of employees and workers. Recyclable and Recycled Products Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this RFP. ORS 279A.125 The City shall give preference to goods that are certified to be made from recycled materials if the recycled product is available, meets applicable standards, can be substituted for a comparable non- recycled product; and the recycled products costs do not exceed the costs of non-recycled products by more than five percent, or a higher percentage if a written determination is made by the City. ORS 282.210 All printing,binding and stationery work done for the City shall be performed within the State of Oregon. ORS 279B.060(2)(g) If required under ORS 468A.710,the contractor or subcontractor is required to possess an asbestos abatement license. AMC Chapter 3.12 Living Wage If the contract exceeds $21,127.46 the Contractor will be required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage to applicable employees, as defined in this chapter,performing work under this contract and to any applicable subcontractor who performs 50% or more of the service work under this contract. The Living Wage is $15.12 per hour effective June 30, 2018 and increases annually every June 30 by the Consumer Price Index. In calculating the living wage, employers may add the value of health care,retirement, 401K and IRS eligible cafeteria plans (including childcare)benefits to the amount of wages received by the employee. It is the responsibility of the proposer to review and comply with the Living Wage ordinance requirements, which can be viewed RFP—VoIP Phone System,Page 7 of 35 • online at www.ashland.or.us *** The Living Wage is $15.12 per hour effective June 30, 2018 (Increases annually every June 30 by the Consumer Price Index) ORS 279B.060(6)(a) Opening Procedures Notwithstanding ORS 192.410 to 192.505, proposals may be opened in a manner to avoid disclosure of contents to competing proposers during,when applicable,the process of negotiation, but the City of Ashland shall record and make available the identity of all proposers as part of the City's public records after the proposals are opened. Notwithstanding ORS 192.410 to 192.505,proposals are not required to be open for public inspection until after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as defined in ORS 192.610, does not make the contents of the proposals subject to disclosure, regardless of whether the public body opening the proposals fails to give notice of or provide for an executive session for the purpose of opening proposals. OAR 137-047-0260(2)(a)(E) Certification of Nondiscrimination Proposer to certify that the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. The Certificate of Compliance attached as Exhibit C, is required to be signed and included with your proposal. ORS 279B.060(6)(b)Proprietary Information (Trade Secrets)Notwithstanding any requirement to make proposals open to public inspection after the City of Ashland's issuance of a notice of intent to award a contract,the City of Ashland may withhold from disclosure to the public materials included in a proposal that are exempt or conditionally exempt from disclosure under ORS 192.501 or 192.502. All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law(ORS 192.410 through 192.505). If applicable, proposer shall complete and submit the Affidavit of Trade Secret attached as Exhibit D and a fully redacted version of its Proposal. Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law(ORS 192.410 through 192.505) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues. If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information. ORS 279B.060(13)Notice of Intent to Award a Public Contract The City of Ashland shall provide written notice of its intent to award to all proposers pursuant to ORS 279B.135 and OAR 137-047-0610 at least seven(7) days before the award of the contract, unless the City determines that circumstances justify prompt execution of the contract, in which case the City may provide a shorter notice period. ORS 279B.060(14) Contract Award The City of Ashland shall award the contract to the responsible proposer whose proposal the City of Ashland determines in writing to be the most advantageous to the City of Ashland based on the evaluation process and evaluation factors described in the request for proposals, and RFP—VoIP Phone System,Page 8 of 35 • any applicable preferences described in ORS 279A.120, ORS 279A.125 and ORS 279A.128 and,when applicable, the outcome of any negotiations authorized by the request for proposals. Other factors may not be used in the evaluation. In addition, any other public agency wishing to use the resulting contract may be authorized by mutual consent of the City of Ashland and the contractor. ORS 279B.410 Protest of Contract Award A proposer may protest the award of a public contract or notice of intent to award a public contract if the proposer is adversely affected because the proposer would be eligible to be awarded the public contract in the event that the protest were successful. The written protest shall specify the reasons for the protest pursuant to ORS 279B.410(1)(b)and be delivered to the sole point of contact named in the RFP within seven days after issuance of the Notice of Intent to Award a contract. The City shall consider and respond in writing to a protest in a timely manner. ORS 279B.060(2)(h) Contractual Terms and Conditions The proposer selected by the City of Ashland will be expected to enter into a written contract in the form attached to this RFP. This RFP and the contents of the proposal of the successful proposer will become contractual obligations if a contract is executed. The proposal should indicate acceptance of the City of Ashland's contract provisions or suggest reasonable alternatives that do not substantially impair the City of Ashland's rights under the contract. The proposer may also propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals. The City of Ashland reserves the right to negotiate the contractual terms and conditions proposed as alternatives by the proposer. If inclusion of any of the City of Ashland's contract provisions will result in higher costs for the services, such costs must be specifically identified in the proposal. Unconditional refusal to accept the contract provisions proposed by the City of Ashland without offering acceptable alternatives may result in the disqualification of the proposal. Insurance Certificates The Contractor will be required to provide and maintain ALL required insurance certificates, and provide current Certificates of Insurance, including the City of Ashland endorsed as the additional insured,to the City prior to any lapse of insurance coverage. Additional Terms The City of Ashland reserves the right to waive irregularities or deficiencies in a proposal if the City of Ashland determines that waiver is in the best interest of the City of Ashland. The City of Ashland may request supplemental written information from a proposer concerning the proposer's ability to perform the services. If a proposer fails to provide supplemental information within the time stated in the request,the City of Ashland may refuse to consider the proposer's proposal. The City of Ashland may request an interview with any proposer. If a proposal is unclear, or appears inadequate,the proposer may be given an opportunity in the interview to explain how the proposal complies with the RFP. The City of Ashland reserves the right to make such investigation it deems appropriate to determine whether a proposer is qualified to provide the services. If a proposer fails to cooperate with an investigation, or if a proposer provides false, misleading or incomplete information,the City of Ashland may refuse to consider the proposer's proposal. In cases of doubt or differences of opinion concerning the interpretation of this RFP,the City of Ashland reserves the exclusive right to determine the intent,purpose and meaning of any provision in this RFP. RFP—VoIP Phone System,Page 9 of 35 • SCOPE OF SERVICES The City of Ashland is requesting proposals for a comprehensive city-wide VoIP Phone System that delivers a manageable, secure, reliable and scalable system to replace the City's existing PBX telephone system. The City will consider both cloud hosted and on-premise VoIP Phone System solutions. The proposed solution must meet or exceed the City's security requirements and communications needs. Project Deliverables • VoIP Phone System(manageable, secure,reliable and scalable) • • IP Phones (basic, standard, conference and headsets) • IP Phone Services (mandatory/desired functionality) • Network Equipment(if specifically required by vendor) • Software (if any) • Resiliency Options (for critical communications, including continuity-of-governance, during local and/or regional emergency operations activation) • Training (City's core project team) Project Completion Date The anticipated start date is March 1,2019 and the preferred completion date for the new VoIP Phone System to be fully deployed, operational and tested complete is May 31,2019. Terms of Service Agreement The City's intent is to enter into a services agreement with the successful proposer for a term of five (5) years with the option to extend the agreement for an additional five (5) years for a maximum term of ten (10)years. City's Existing Telephone System The City's existing telephone system is an on-premise Tadiran Coral PBX system. There are two main boards that route phone calls to outlying buildings. Buildings that are outside the range and functionality of the PBX are connected using 3rd party phone lines. Existing System • (internal) Tadiran Coral PBX with dedicated telephony network o 1 PRI 24 voice lines (12 in, 12 out) • (external/3`d party phone lines) CenturyLink • Tadiran Aeonix for voicemail • Number of Phone Lines o 36 Group lines o 250 direct lines with internal extension dialing o 20 fax lines City's Server Infrastructure • City uses VMWare for our virtual server environment and is currently running vCenter 6.7. • City has site licensing for Windows Server 2016. • City has Microsoft SQL Server 2012 as our database solution of choice. • City's email is hosted by Microsoft's Exchange Online platform. PLEASE NOTE: Proposers will be required to specify any server or database requirements that are required to support their proposed solution; but do not include pricing for Microsoft server licenses or SQL server licenses, unless the proposed solution requires software other than what is listed above. RFP—VoIP Phone System,Page 10 of 35 City's Network Infrastructure • The Ashland Fiber Network, a division within the City, owns and maintains the fiber network infrastructure that provides Internet connectivity to the City buildings that utilize telephone and fax machines. • The City has upgraded the internal network, replacing the routers and switches in each building, in preparation for this new phone system. • The network uses enterprise grade Cisco 3850 series switches with PoE (Power over Ethernet)to all locations. • QoS (Quality of Service) has been configured and the network design has accounted for voice VLANs (Virtual Local Area Network) at all locations. • Data VLANs are not area•separate. • For cloud hosted solutions,the City has direct fiber connectivity to Data Center West(Southern Oregon Internet exchange) in Medford and a connection to the Pittock(Internet exchange) in Portland, which provides both carrier and path diversity. Each fiber path provides 10 Gbps of internet bandwidth directly to the City's Headend facility located in the Service Center(90 N. Mountain). IMPORTANT: Any hardware required for the proposed solution will need to be RACK-ABLE. City's Security Requirements All connections over public networks will be encrypted using HTTPS (Hyper Text Transfer Protocol Secure) and VPN (Virtual Private Network)tunnels where appropriate. The VoIP Phone System needs to integrate with Active Directory to control access for devices and users. Phones will automatically join our voice VLAN (Virtual Local Area Network)when connected to our network. City's Project Support Staff The City will provide a.core project team consisting of a project manager, network administrator and IT helpdesk staff as needed to support the vendor's implementation team during the planning, deployment and testing of the new system. The City intends to have the City's core project team program and install each of the new IP phones by building and to train end-users on their new IP phones. Vendor Training Plan The vendor will provide and facilitate an onsite training plan for the City's core project team. The knowledge transfer strategy should prepare the City's core project team for each phase of the project from planning/implementation to administering/maintaining the system after the system is fully operational. The vendor will provide training materials, including detailed system user manuals, end-user training manuals, "Quick Reference" guides, access to online training videos, and any other available training options to assist the City's core project team in administering the system and training end-users. Resiliency Options The vendor will need to provide surefire resiliency option(s)that can be built into the proposed system for critical communications, including continuity-of-governance, during local and/or regional emergency operations activation. The City anticipates that at least one (1) outgoing phone line is to remain operable in most City buildings. Fit/Gap Analysis The vendor will review all business and technical requirements with the City's core project team in one or more onsite meetings. The vendor will review and confirm all requirements and update the requirements list in writing with any necessary changes to ensure the vendor and the City core project team have a common understanding of all business and technical requirements prior to beginning the project. RFP—VoIP Phone System,Page 11 of 35 • Minimum Requirements for IP Phones & Headsets The vendor will need to provide a range of phone types including basic, basic/wireless, standard and conference phones that meet or exceed the minimum requirements outlined in the following table. Basic Standard H':PHONES Basic +Wireless Conference option TADIRAN T46G is being used as an example of the quality, EXAMPLE performance and functionality of the standard IP phone being requested by the City. Usage Occasional Moderate to Moderate to Active Moderate•Active Public areas, Maintenance Conference Locations/End-Users Shared spaces, Shops& City staff offices and Meeting lobbies Warehouses Rooms Programmable lines - 2+ 4+ 16+ 4+ Supports expansion modules ✓ Basic Functionality,including ✓ ✓ ✓ ✓ Caller ID display • Mandatory Functionality ✓ ✓ ✓ ✓ Desired Functionality ✓ . Easily accessible volume control and visual indicators of available ✓ ✓ ✓. ✓ programmed lines High performance audio . ✓ ✓ ✓ ✓ Multidirectional speakers and ✓ microphones. _. . Universal ethernet cable ✓ ✓ ✓ ✓ Desired option:Network pass through so a single network ✓ connection can support both the IP phone,and computer workstation Headsets(Desired:3 headset ✓ options). RFP—VoIP Phone System,Page 12 of 35 • Quantities of IP Phones The following table outlines the number and types of phones and fax lines required at each of the City facilities. IP PHONES&FAX LINES CITY FACILITIES ADDRESS BASIC+ FAX BASIC WIRELESS STANDARD CONFERENCE LINES OPTION City Hall 20 East Main St. 1 31 2 5 Community Development&Public 51 Winburn Way 35 2 1 Works Police Station 1155 East Main St. 3 31 1 5 Police Contact Station 1 East Main St. 3 Municipal Court&City Council 1175 East Main St. 7 1 Grove 1195 East Main St. 5 Oak Knoll Golf Pro Shop 3070 Hwy 66 1 Oak Knoll Golf Maintenance Shop 3070 Hwy 66 1 1 3 Service Center 90 N.Mountain Ave 1 1 28 1 2 Streets&Fleet Shop 90 N.Mountain Ave 1 6 1 Daniel Meyer Pool 1075 Homes Ave 1 1 Senior Center 1699 Homes Ave 1 4 Cemetery 440 Normal St. 1 Dam/Reservoir 1490 Granite St. 1 Fire Station 1 455 Siskiyou Bl. 20 2 Fire Station 2 1860 Ashland St. 5 1 Lithia Park Log Cabin 340 S.Pioneer St. 7 1 1 Lithia Park Maintenance Shop 310 S.Pioneer St. 2 1 Pioneer Hall 73 Winburn Way 1 Ice Rink(seasonal) 100 Winburn Way North Mountain Park&Nature Center 620 N.Mountain Ave 6 1 Water Treatment Plant 1400 Granite St 4 3 I Waste Water Treatment Plant 1295 Oak St. 2 2 6 1 Extra Stock 3 2 12 2 TOTAL IP PHONES & FAX LINES 13 20 211 10 20 Note to reiterate: The City intends to have the City's core project team program and install each of the new IP phones building by building and to train end-users on their new IP phones. RFP—VoIP Phone System,Page 13 of 35 • Mandatory Functionality The proposed system must meet or exceed the following mandatory functionality requirements Basic Phone System Functionality Call,Redial,Mute,Hold,Transfer,Forwarding, Call History,Caller Id, Conference Calls,Programmable Keys Remote Management Setup and management of an extension and phone functionality from a remote location Remote Survivability EMS line available to each location. Programmable Call Flow Management of phones included in ring groups.Calls in ring groups will need to be routed to simultaneous and or sequential ringing queues. Call Volume Reporting and Statistics Management available reports for call volume per group line,number of calls answered per employee and time spent on calls.Be able to filter these reports by group line or department. Voicemail Voice mail,Voice message forwarding,Remote Access to messages. 4-digit Extension Dialing For internal city calls,we want to continue using the same 4-digit extension numbers. Call Forwarding Call forwarding for individual numbers and group lines.Configurable Day/Night mode to forward to after-hours answering services. Failover Forwarding Failover Forwarding will ring additional phones after a call is not answered for a specified time or number of rings. Fax Support Existing Fax numbers and lines to be supported in the new system. Desired Functionality The desired functionality will enhance communications and increase productivity. Interactive Voice Response (IVR)/Auto Attendants Create and manage_IVR functionality to help route calls to the correct places and answer simple questions. Spoofing identification Ability to identify incoming annoyance calls not originating from the phone number displayed. Reverse number dialing for Police Call back last phone call received. Phone call recording Phone call recording for Police with options to export file for digital evidence. Voice to text Transcribe a voicemail or phone call and send it to a designated location as an email or text message. Block and Unblock Phone Line dial number Police sometimes need to block their telephone number when making an outbound call.They would like to have the option to block or unblock their telephone number. - Remote Voicemail Management Manage and listen to voicemail through a computer interface. Integration with Office 365 Integration with Office 365: user outlook contacts,place calls through Skype for Business,use email for alerts and other communication. RFP—VoIP Phone System, Page 14 of 35 • PROPOSAL CONTENTS Proposals shall provide a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. Submissions of technical literature, display charts, or other supplemental materials are the responsibility and within the discretion of the proposer. The proposal must contain and be organized in accordance with the following section titled Proposal Contents. The proposer assumes the sole risk and responsibility of all expenses connected with the preparation of its proposal. TECHNICAL PROPOSAL LETTER OF INTRODUCTION/COVER PAGE ✓ Include a letter of introduction addressed to Ryan Stowasser, Information Systems Analyst, and signed by a person legally authorized to bind the proposer to its proposal. The letter will introduce the company and include the company name,principal contact name,physical address, mailing address, telephone number, fax number and email address. The letter of introduction may also introduce the proposal and summarize the key provisions of the proposal. TABLE OF CONTENTS ✓ Include a clear identification of the material by section and by page number. PROPOSAL FORM ✓ Complete and include the Proposal Submission Form attached as Exhibit A. VoIP PHONE SYSTEM SOLUTION Proposed System ✓ Clearly identify whether the proposed VoIP Phone System is cloud hosted or on-premise solution. ✓ Explain in detail the VoIP Phone System solution being proposed for the City, including the expected life span of the proposed system. ✓ Explain what parts of the proposed system and equipment are `industry standard' and what parts are `proprietary'. ✓ Identify if the proposed system software is `proprietary' or 'open source' and the advantages of the type being proposed. ✓ Clearly identify where the VoIP equipment, servers and controls will be physically located. ✓ Provide a system diagram, a visual model of the system, its components, and their interactions and physical locations. ✓ Provide minimal and ideal Internet speed requirements. ✓ Provide options and/or ways to increase voice clarity or call quality. RFP—VoIP Phone System,Page 15 of 35 • ✓ Provide options for system customization and include specifically what can and cannot be customized. ✓ Describe the overall advantages of the proposed solution, e.g., controls,upgrades, scalability, and functionality. ✓ Provide the system's record of reliability, availability, and maintainability, including any system failures and how they were repaired or maintained. ✓ Describe any limitations or potential issues with the proposed system and if there are plans in the immediate future to remedy the issue(s). ✓ Describe any upcoming system updates and/or advanced communication technologies and/or functionality being scheduled for release in the next 1-3 years. Telephone and Fax Numbers ✓ Confirm in writing that each of the City's existing telephone and fax numbers assigned to individual departments and direct telephone numbers assigned to individual employees' desk phones and fax numbers can be readily ported to the new system. V Confirm in writing that the City can continue to use their existing 4-digit extensions, which are the • last 4-digits of direct telephone numbers assigned to individual employees' desk phones. Voicemail ✓ Describe the overall voicemail system functionality. ✓ Provide the recommended system storage requirements for voicemail that will be adequate for the lifespan of the proposed system. ✓ Describe how recorded data moves through the system from creation to deletion. ✓ Describe all the ways recorded data can get into the system and ways end users can retrieve or export the data. ✓ Describe how data is secured at rest and in transit. ✓ Describe access to recorded data by an end user. ✓ Describe access to recorded data by an administrative user. ✓ Describe all voicemail monitoring and reporting that is available. ✓ Provide the system retention options, including if the City will be able to create retention policies to delete messages after a length of time. ✓ Explain how a call can be recorded by end user and if that call will end up in the voicemail system. ✓ Confirm in writing if the City will be given rights to manage and configure voicemail, including the ways in which voicemail can be configured. RFP—VoIP Phone System,Page 16 of 35 • Support and Operations ✓ Describe the support options and/or functions available for the proposed system, including who (proposer, subcontractor and/or 3rd party vendor)would be providing each of the support options and/or functions. ✓ Explain specifically how the day-to-day operations for the proposed system will be managed by the service provider(s), including the proposer, subcontractor(s) and/or 3rd party vendor(s). ✓ Describe how the VoIP provider(s) would typically provide remote support for the system. ✓ Describe in detail the day-to-day system maintenance requirements to be performed by the City's core project team, including frequency, routine tasks,method of updates, notification process for updates, etc. ✓ Provide a system overview or diagram as to who—VoIP Provider(s) or City - will be required to perform what functions. Scalability ✓ Describe how the system is considered scalable and capable of changing in size and scope, e.g., if an additional building requires phone and fax services. ✓ If applicable, identify any additional system licensing and hardware/network requirements that would be required for additional City facilities. QUALIFICATIONS AND EXPERIENCE ✓ Describe the proposer's organizational framework, special resources, and any other information that will clearly and definitively demonstrate that the proposer can effectively and efficiently fulfill the long-term (estimate 5-10 years) scope of services ✓ List and identify the proposer's key technical and functional staff on the vendor's implementation and system management team(s) and provide the role of each team member. ✓ If applicable, identify all short term and long-term subcontractors and their role in the proposed solution, including the proposer's relationship with the subcontractor. ✓ If applicable, identify all 3rd party vendors and their role in the proposed solution, including the proposer's relationship with the 3rd party vendor. IP PHONES ✓ BASIC IP PHONE: Provide options and specifications for basic phone(s)that meets or exceeds the minimum requirements outlined in the table found on page 12 of the RFP. ✓ STANDARD IP PHONE: Provide options and specifications for standard phone(s)that meets or exceeds the minimum requirements outlined in the table found on page 12 of the RFP. ✓ CONFERENCE IP PHONE: Provide options and specifications for conference phone(s)that meets or exceeds the minimum requirements outlined in the table found on page 12 of the RFP. RFP—VoIP Phone System,Page 17 of 35 • V HEADSETS: Provide options and specifications for headsets that can be used with STANDARD phone options. Three (3)headset options are desirable. IMPORTANT: Only options and specifications for IP Phones will be submitted in the TECHNICAL PROPOSAL. PRICING for IP Phones will be requested and submitted separately in the COST PROPOSAL. ✓ Are the proposed IP phones proprietary brand name phones specifically for the proposed system or nonproprietary interchangeable IP phones for use with similar VoIP systems? ✓ Provide end-of-sale and/or end-of-life dates for the proposed IP phones. ✓ If software is required, how long will vendor support be provided for the IP phones being proposed. ✓ Describe or list all the required steps to program,port an existing telephone number, deploy and/or activate a new IP phone and fax line. ✓ Confirm in writing if the IP phone can be used regardless of whether the computer is turned on or off. ✓ Identify if the proposed phones have a network pass-through, so a single network connection can support both the IP phone and computer workstation. (Please note: Preferred, but not mandatory and dependent on the proposed IP phones.) ✓ Identify if the proposed phones utilize a universal ethernet cable to connect to the computer workstation. (Please note: Preferred, but not mandatory and dependent on proposed IP phones.) ✓ Provide IP phone warranty coverage options, preferably 2-year or 3-year and/or 5-year options, for the proposed phones, including what the warranty covers and what the warranty does not cover. (Please note: Warranty options will be considered but may or may not be purchased.) MANDATORY FUNCTIONALITY UP Phone Services) ✓ Confirm in writing item by item that the proposed system's functionality meets or exceeds the mandatory functionality identified in the list found on pages 14 of the RFP. In addition,please include the corresponding function name(s) used in the proposed system, if different from the function names used in the City's Mandatory Functionality list. ✓ Provide a complete detailed list, including function name and description of each function,that are provided and included in the proposed system. DESIRED FUNCTIONALITY(IP Phone Services) ✓ Confirm in writing item by item, including a complete explanation, as to how the proposed system's functionality meets or exceeds the desired functionality identified in the list found on page 14 of the RFP. In addition,please include the corresponding function name(s) used in the proposed system, if different from the function names used in the City's Desired Functionality list. ✓ Clearly identify if the system allows the use of a softphone (software telephone) application program that enables VoIP telephone calls from computing devices and include the name and version of the softphone application program being proposed with the system. RFP—VoIP Phone System,Page 18 of 35 IMPORTANT: The City currently utilizes Microsoft 365,which includes rights and licensing for Microsoft Skvne for Business. This is the City's preferred softphone application program. ✓ If available,proposers may include additional desired functionality that may be of value to the City. NETWORK REQUIREMENTS ✓ Provide written confirmation that the proposed system will be compatible with the City's Network Infrastructure identified on pages 11 of the RFP. ✓ Provide written confirmation that the City's Network Infrastructure identified on pages 11 of the RFP will be sufficient to run the proposed system—AND/OR-provide a detailed list(make,model, etc.) of all the additional rack-able network hardware that will be required to run the proposed system. IMPORTANT: Only the detailed list of additional network hardware requirements will be submitted in the TECHNICAL PROPOSAL. PRICING for the additional network hardware will be requested and submitted separately in the COST PROPOSAL. SERVER REQUIREMENTS (Software& Database) ✓ Provide written confirmation that the proposed system will be compatible with the City's Server Infrastructure identified on page 10 of the RFP. ✓ Provide written confirmation that the City's Server Infrastructure identified on page 10 of the RFP will be sufficient to run the proposed system—AND/OR-provide server build requirements, including a detailed list of software and database requirements that will be required to run the proposed system. • • IMPORTANT: Only the detailed list of additional software and database requirements will be submitted in the TECHNICAL PROPOSAL. PRICING for any additional software and database requirements will be requested and submitted separately in the COST PROPOSAL. CITY'S SECURITY REQUIREMENTS ✓ Provide written confirmation that ALL connections over public networks will be encrypted using HTTPS (Hyper Text Transfer Protocol Secure) and VPN (Virtual Private Network)tunnels where appropriate. ✓ Provide written confirmation the VoIP Phone System integrates with Active Directory to control access for devices and users. ✓ Describe any additional security measures built into the proposed system. Note to reiterate: Phones will automatically join our voice VLAN(Virtual Local Area Network)when connected to the City's network. RFP—VoIP Phone System,Page 19 of 35 • RESILIENCY OPTIONS ✓ Explain the surefire resiliency option(s)that can be built into the proposed system for critical communications, including continuity-of-governance, during local and/or regional emergency operations activation. ✓ Provide a system diagram for the proposed resiliency option(s), a visual model of the required connections, components, and their interactions. ✓ Provide a detailed list of all the required equipment, including software,hardware components and/or rack-able network equipment that will be required for the proposed resiliency options. Note to reiterate: Resiliency options for at least one or more phone lines per City building must remain operational. Actual number of phone lines to be determined. TRAINING PLAN ✓ Explain the proposer's onsite training methodology. ✓ Describe all the phases and/or levels of training that will be required for the City's core project team to become fully knowledgeable of the proposed system,to program and deploy IP phones,train end- users and manage the day to day system requirements after the system is fully operational. ✓ Propose a training schedule for the City's core project team. This can be a supplemental schedule specifically for training and/or included in the detailed Project Schedule and Timeline requested in section below titled Project Schedule & Timeline. ✓ List and describe all the types of system and end-user training manuals,materials and options that will be made readily available to the City. ✓ Provide website names, addresses and log in requirements for any online demos of the proposed system and training manuals that are available for public viewing. Demos can also be provided on a thumb drive and submitted with the Technical Proposal. The City reserves the right to view the proposer's demos of the proposed system and training manuals. PROJECT SCHEDULE & TIMELINE ✓ Provide a detailed project schedule and timeline to complete all the required tasks, e.g., fit/gap analysis, migration plan, implementation, deployment,training, system testing, etc. to produce the deliverables. The anticipated start date is March 1,2019 and the preferred completion date is May 31,2019. REFERENCES ✓ Provide at least three references,preferably government or municipal references, of comparable size and scope of services, including a description of the services that were performed for each of the references. Include the name of the company, contact name,telephone number and email address of the individual who can verify the account and your performance. The City reserves the right to verify these references. RFP—VoIP Phone System,Page 20 of 35 • • CONTRACT TERMS AND CONDITIONS ✓ Indicate acceptance of the City's contract provisions found in the Goods and Services Agreement attached as Exhibit E or suggest reasonable alternatives that do not substantially impair the City's rights under the contract. Some contract terms and conditions may be negotiable. ✓ Provide a copy of the Proposer's contract that includes all applicable terms and conditions. ✓ Provide copies of contracts that will be required by each subcontractor and/or 3rd party vendor. ✓ Provide proposer's typical contract terms (length of contract in years) for the proposed cloud hosted or on-premise system? ✓ What is the cancellation process? ✓ The Certificate of Compliance attached as Exhibit C, is required to be signed and included with your proposal. AFFIDAVIT OF TRADE SECRET (if applicable) ✓ If applicable ONLY, complete the Affidavit of Trade Secret submission form attached hereto as Exhibit D and submit a redacted copy of the proposal being submitted in response to this RFP. IMPORTANT: Proposals become public information after the City releases a Notice of Intent to Award a Public Contract. For information to remain confidential, you must include Affidavit of Trade Secret and a redacted copy of your proposal. RFP—VoIP Phone System,Page 21 of 35 COST PROPOSAL ✓ Complete and include the COST PROPOSAL WORKSHEET attached as Exhibit B. • The cost proposal worksheet is organized in the same format as the proposal contents. (Lines can be added as needed under each category on the excel spreadsheet.) • The cost worksheet is to include ALL start-up costs and ALL recurring costs for Year 1, Year 2,Year 3, Year 4 and Year 5. • Provide descriptions for itemized and detailed costs under each category. • Include expenses (if applicable)for travel, lodging and meals,preferably at Federal per diem rates. ✓ In addition,proposers may also propose alternative pricing options separately for the City's consideration. ✓ If applicable,proposers may propose and provide fees for any additional services being offered. IMPORTANT: The Cost Proposal is to be submitted separately from the technical proposal in a sealed envelope marked "COST PROPOSAL"per the submission instructions on page 23. RFP—VoIP Phone System,Page 22 of 35 PROPOSAL SUBMISSION Final contents of complete proposal to be submitted in a single sealed envelope or box: 1. Complete set of RFP documents released by the City of Ashland 2. Technical Proposal: One (1) original copy of the Technical Proposal, SIGNED IN INK Six(5) additional copies of the signed Technical Proposal 3. Cost Proposal: In a separate sealed envelope marked Cost Proposal One (1) original copy of the Cost Proposal SIGNED IN INK Six(5) additional copies of the signed Cost Proposal The final contents of the proposal must be submitted complete in a single SEALED ENVELOPE (or box) and be received at the following address: Kari Olson Purchasing Representative City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 • Contents: Request for Proposal VoIP PHONE SYSTEM Due prior to 2:00:00 PM (PST), Tuesday,January 15,2019 Please note: Late proposals will not be considered. No exceptions. It is recommended that you request available delivery options for the City of Ashland,Oregon area and verify that your method of shipment will arrive prior to the due date and time. DUE DATE AND TIME: The proposals must be received at the designated address listed above by 2:00:00 PM (PST), Tuesday, January 15,2019. Late proposals will not be considered. Faxed or emailed proposals will not be considered. Period of Irrevocability Proposals will be offers that are irrevocable for a period of sixty (60) days after the time and date proposals are due. Proposals will contain the name, address and telephone number of an individual or individuals with authority to bind the company during the period in which the proposal will be evaluated. RFP—VoIP Phone System, Page 23 of 35 EVALUATION PROCESS In accordance with ORS 279B.060 (14), The City shall award the contract to the responsible proposer whose proposal the City determines in writing is the most advantageous to the City based on the evaluation process and evaluation criteria described in this RFP, applicable preferences described in ORS 279A.120, 279A.125 and 279A.128, and, when applicable the outcome of any negotiations authorized by the RFP. Other factors may not be used in the evaluation. An evaluation committee appointed by.the City of Ashland will evaluate the proposals based on the evaluation criteria established in the Request for Proposal. Each category will be scored with a number of points, up to the maximum number of points assigned to each category. The greater the number of points assigned to a category, the greater the category's level of importance. Each proposal will be evaluated, scored and then ranked according to the evaluation criteria set forth in this RFP. After the initial evaluation of the proposals has been completed,the Evaluation Committee may request clarifications. Requests for clarifications will be processed via email by the sole point of contact identified on page 4 of this RFP.No additions, deletions or substitutions may be made to proposals that cannot be termed as clarifications. Proposer's responses to questions shall restate the question and provide the requested clarification. The City of Ashland may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all proposals upon the City's findings that it is in the best interest of the City of Ashland. If only one responsive proposal is received,the City of Ashland reserves the right to negotiate a contract with the sole responsive proposer. • The total points awarded to each proposal will be tabulated and the proposers shall be ranked accordingly. A • contract with the proposer deemed to be the highest ranked proposer will then be negotiated. If negotiations with the highest ranked proposer are unsuccessful, the City of Ashland may proceed to the next highest ranked proposer, and so on until a contract is successfully negotiated. In accordance with OAR 137-047-0260(2)((b)(A)(B)(C),the statement of work will identify the scope of work to be performed under the resulting contract, outline anticipated duties of the contractor and establish the expectations for the contractor's performance of the resulting contract. The agreed upon tasks will also identify respective responsibilities of the contractor and City staff In accordance with ORS 279B.060 (16),the City shall obtain the proposer's agreement to perform the scope of work and meet the performance standards set forth in the final negotiated statement of work. The final contract recommendation will then be subject to the approval of the City Council acting as the Local Contract Review Board. RFP—VoIP Phone System,Page 24 of 35 w EVALUATION CRITERIA The proposals will be evaluated according to the following criteria. EVALUATION CRITERIA TECHNICAL PROPOSAL Letter of Introduction,Table of Contents&Proposal Submission Form(Exhibit A) 5 VOID Phone System Solution 40 Qualifications and Experience 20 IP Phones 25 Mandatory Functionality 25 Desired Functionality 25 Network Requirements 20 Server Requirements(Software&Database) 20 City's Security Requirements 20 Resiliency Options 20 Training Plan 15 Project Schedule&Timeline 15 References 10 Contract Terms and Conditions & Certificate of Compliance(Exhibit C and Exhibit E) 10 SUBTOTAL 270 COST PROPOSAL(Exhibit B) 40 TOTAL 310 RFP—VoIP Phone System,Page 25 of 35 EXHIBIT A Request for Proposals VoIP PHONE SYSTEM December 5,2018 Proposal Submission Form The undersigned proposer submits this proposal in response to the City's Request for Proposals (RFP) for VoIP PHONE SYSTEM, released on December 5,2018. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted,the proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: The proposer hereby acknowledges receipt of Addendum Nos. _,_,_,_,_to this RFP. Full legal name of company: Principle owner's name: • Business Address: State and location of company headquarters: Year business established: Telephone Number: Fax Number: Email Address: Authorized Signature: Printed/Typed Name: Title: Date: RFP—VoIP Phone System,Page 26 of 35 • EXHIBIT B COST PROPOSAL WORKSHEET The COST PROPOSAL WORKSHEET is being provided as a separate and workable Excel spreadsheet that can be downloaded from the City's website along with the RFP. RFP—VoIP Phone System,Page 27 of 35 EXHIBIT C Certificate of Compliance Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the proposer in this matter, that I have authority and knowledge regarding the payment of taxes,and that contractor is,to the best of my knowledge,not in violation of any Oregon Tax Laws, as defined in ORS 305.3 80. Compliance with Nondiscrimination Laws: In compliance with ORS 279A.110(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of proposer in this matter, and to the best of my knowledge the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. Corporate Officer: • By: Signature Print Name Title Date RFP—VoIP Phone System,Page 28 of 35 EXHIBIT D AFFIDAVIT OF TRADE SECRET Note: This exhibit is being provided as a courtesy because proposals become public information upon the release of a Notice of Intent to Award a Public Contract. If applicable, Proposer shall complete and include this Affidavit of Trade Secret with a fully redacted version of its Proposal. (Affiant), being first duly sworn under oath, and representing [Proposer name] (Hereafter"Proposer"), hereby deposes and swears or affirms under penalty of perjury that: 1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein. 2. I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the "Proposal"), to the City of Ashland in response to Request for Proposals for VOIP TELEPHONE SYSTEM and I am familiar with the contents of the RFP and Proposal. 3. I have read and am familiar with the provisions of Oregon's Public Records Law, Oregon Revised Statutes ("ORS") 192.410 through 192.505, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law. 4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively,the "Exempt Information"), which is incorporated herein by this reference. It is my opinion that the Exempt Information constitutes"Trade Secrets"under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either: A. A formula, plan, pattern,process,tool, mechanism, compound,procedure,production data, or compilation of information that: i. is not patented, ii. is known only to certain individuals within the Proposer's organization and that is used in a business the Proposer conducts, iii. has actual or potential commercial value, and iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. or B. Information, including a drawing, cost data, customer list, formula,pattern, compilation,program, device, method,technique or process that: i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy. RFP—VoIP Phone System,Page 29 of 35 • 5. I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law. Affiant's Signature State of ) ) ss: County of ) Signed and sworn to before me on (date)by (Affiant's name). Notary Public for the State of My Commission Expires: Proposer identifies the following information as exempt from public disclosure: (Insert page numbers and paragraph numbers or submit a FULLY REDACTED COPY OF YOUR PROPOSAL.) IMPORTANT: *** PLEASE INCLUDE A FULLY REDACTED COPY OF YOUR PROPOSAL. *** RFP—VoIP Phone System,Page 30 of 35 EXHIBIT E GOODS & SERVICES AGREEMENT PROVIDER: CITY OF CONTACT: �S H LAND ADDRESS: 20 East Main Street Ashland,Oregon 97520 PHONE: Telephone: 541/488-5587 Fax: 541/488-6006 FAX: EMAIL: This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and XXXX ••••• •••• • , a domestic business corporation("hereinafter"Provider"), for (give very brief description of goods and services). 1. PROVIDER'S OBLIGATIONS 1.1 Provide more detailed description of goods and services as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability • Workers' Compensation 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage RFP—VoIP Phone System,Page 31 of 35 • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$XXXXXX(could be hourly rate or lump sum amount) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$XXXXX (this is maximum, not to exceed amount of entire Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. RFP—VoIP Phone System,Page 32 of 35 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The City's written XXXXXX(Request for Proposals, etc. dated VX. • The Provider's complete written XXXXXX dated XXXXXX. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity,including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until XXXXXV(X, unless sooner terminated as provided in Subsection 6.2. RFP—VoIP Phone System,Page 33 of 35 • 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—XX)CXXX Department Attn: XXXXXXXXXXXXXX 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-XXXX With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Provider's name Attn: XXXX XXXXXXX • 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: RFP—VoIP Phone System,Page 34 of 35 i I r .CORD R Purchase Order ,ail Fiscal Year 2019 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES,AND SHIPPING DOCUMENTS. I ATTN: Accounts Payable Purchase L AshandalOR 97520 Order# 20190443 T Phone: 541/552-2010 0 Email: payable @ashland.or.us V H C/O Information Technology Dep E CORE BUSINESS SERVICES 1 90 North Mountain Ave N 22710 72ND AVE S p Ashland, OR 97520 O KENT, WA 98032 Phone: 541/552-2400 R OT Fax: 541/552-2435 __ Dan Hendrix _-: _i ,• .17 7- d _ __ 4 - E I L:= t iet -.{r4 •te•-] '- 04/11/2019 4511 FOBASHLANDOR/NET30 Cit Accounts Pa able 41a .. " a 3 ,a D.7 z--== - — _ _£ 18 abet [4' VoIP Phone System 1 New Mitel Connect VoIP Telephone System 1 $145,517.0000 $145,517.00 Approved by the City Council 03/19/2019 Goods & Services Agreement Term: Five (5)Years Project Account: E-000482-999 2 Additional Years 1 $0.0100 $0.01 Annual Support and Maintenance April/May 2020 -2021 Amount to be encumbered $8,682.00 Project Account: E-000482-999 3 Annual Support and Maintenance 1 $0.0100 $0.01 April/May 2021 -2022 Amount to be encumbered $8,682.00 Project Account: E-000482-999 4 Annual Support and Maintenance 1 4'0.0100 $0.01 April/May 2022 -2023 Amount to be encumbered $8,682.00 Project Account: E-000482-999 ............... GL SUMMARY ............... 081000-703000 $145,517.03 By Date: ______— A orized Signature R -Ofav = $145,517.03 FORM #3 CITY OF ' ASHLAND A request for a Purchase Order REQUISITION ' ..., j? � ® ii-3 afe of request: 3/28/19 Required date for delivery: Vendor Name Core Business Services Address,City,State,Zip 2040 Milligan Way,Suite 304 Contact Name&Telephone Number Scott Anderson 541-858-4288 Scott.Anderson @helpmecore.com Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council:_ ❑ Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC) ❑ Small Procurement ® Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 3/19/19 ❑ State of Oregon ❑ Direct Award x (Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# I _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract#_ Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written quotes and solicitation attached ❑ Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K Valid until:_ (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost New Mitel Connect VoIP Telephone System(Awarded on RFP Dated Dec 5, 2018) $ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 1 Delivery,Configuration,and Deployment of Mitel Connect Phone $145,517 System(incl. 1st year of support) 2 4 Addn'l Annual Support and Maintenance $8,682 $34,728 Years ❑ Per attached quote/proposal TOTAL COST 000 48.2-,q 9R $180,245 Project Number-8@9842:'999-- _ _ 1 Account Number - Account Number 081000.703000 Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. I IT Director in collaboration with department to approve all hardware and software purchases: Yie/9 IT Director Date Suppos./No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: Atis WI� V eater than$5,000) Department Manager/Supery ),,/ A City Administrator: & r �� _. (Equal too eln th•n$25,000) Funds appropriated for current fiscal year: a NO - A i E-• 2 Director-(Equal to or greater than$5,000) "- r:Comments: Form#3-Requisition • Council Business Meeting March 19, 2019 Agenda Item Approval of a public contract for VoIP Phone System From Dan Hendrix Information Systems Manager Contact dan.hendrix @ashland.or.us SUMMARY Approval is being requested to award and authorize City Administrator execution of a contract for a city-wide, on-premise Voice over IP(VoIP)Phone System with CORE Business Services. The contract for a VoIP Phone System will be for a five (5) year term beginning in March 2019 and ending in March 2024. This system will replace the existing Tadiran City telephone system that has been in place for over 18 years and has well exceeded its functional life. POLICIES,PLANS & GOALS SUPPORTED N/A PREVIOUS COUNCIL ACTION This project was approved in the 2017-19 Biennial budget process as a capital project in the Equipment Fund. A network system upgrade project necessary to support this new phone system was approved and completed in the 2015-17 budget process. BACKGROUND AND ADDITIONAL INFORMATION A new telephone system will provide clear, convenient, and efficient communications to both City departments and citizens. This modern system provides advanced features, flexibility to meet future needs, and resiliency capabilities to ensure the continuation of government in the event of an emergency or natural disaster. Additionally, the new system provides for greater end user"self-support" and vender remote diagnostic support services as part of the contract reducing the level of hands-on technical support required of the City's IT Help Desk staff. The sourcing method used to acquire the VoIP Phone System was a formal Competitive Sealed Proposal (Request for Proposal-RFP). The City received a record number 28 proposals: 20 proposals were evaluated; 7 proposals were deemed "nonresponsive"and rejected because they were incomplete in form or substance; and 1 proposal was received late and was returned unopened. A 5-member evaluation committee representing technical, management, and public-facing employees evaluated 20 proposals in accordance with the evaluation process and criteria established in the RFP. Deployment of the new system will commence upon contract approval and execution and will be complete prior to June 30, 2019. Page 1 of 2 CITY OF ASHLAND FISCAL IMPACTS $205,000 in project funds were allocated in the current(FY17-19) Equipment Fund to support initial deployment of both hardware and software,plus five years of ongoing vendor support. At the end of the 5-year contract term,the City has an option to extend the contract for an additional five years. Fiscal Year Proposed Cost FY 2019 $145,517 FY 2020 $8,682 FY 2021 $8,682 FY 2022 $8,682 FY 2023 $8,682 Total amount for five (5) fiscal years $180,245 Cost reductions will be realized from the cancellation of some monthly third-party phone line charges at smaller sites not currently served by the City phone system, but which do have network connectivity. Soft cost reductions will be realized as new self-service features eliminate technical support for the most common phone moves and changes. STAFF RECOMMENDATION Staff recommends approval of the contract award and authorization for City Administrator execution of the attached contract. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1) I move to approve the contract award for a new city-wide telephone system to CORE Business Services and authorize the City Administrator to execute the contract. 2) I move to deny the contract award for a new city-wide telephone system to CORE Business Services and direct staff to REFERENCES & ATTACHMENTS RFP VoIP Phone System—Evaluation Summary Contract for VoIP Phone System Page 2 of 2 CITY OF ASH LAND (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: (PROVIDER): By: By: City Administrator Signature Printed Name Printed Name Date Title Date Purchase Order No. (W-9 and insurance certificates are required to be submitted with this signed agreement.) APPROVED AS TO FORM: Assistant City Attorney Date • RFP—VoIP Phone System,Page 35 of 35