SIGNED BOARD REPORT"�|E�3�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: May 24, 2011 Consent AGENDA NO.:
31
SUBJECT: a. Approve and authorize the Contracts and Purchasing Officer to execute a
Professional Services Agreement with D&S Communications in the amount of
$385,410 for the contract period commencing with the signing of the
Agreement through September 13, 2013 for the provision of yearly
maintenance services and technical support of the Ericsson phone system and;
b. Authorize the Contracts and Purchasing Officer to sign up to two future
amendments extending the Agreement for two 2) one year periods where the
annual maintenance costs during any single extension period do not exceed
$128,470 per year and the amendment does not significantly change the scope
of work.
DEPARTMENT: Information Technology
RECOMMENDATION:
It is recommended that the Board of Supervisors
a. Approve and authorize the Contracts and Purchasing Officer to execute a Professional
Services Agreement with D&S Communications in the amount of $385,410 for the contract
period commencing with the signing of the Agreement through September 13, 2013 for the
provision of yearly maintenance services and technical support of the Ericsson phone system
and;
b. Authorize the Contracts and Purchasing Officer to sign up to two future amendments
extending the Agreement for two 2) one year periods where the annual maintenance costs
during any single extension period do not exceed $128,470 per year and the amendment does
not significantly change the scope of work.
SUMMARY/DISCUSSION:
The Contracts/Purchasing Division released a Request for Proposal RFP) #10267 on November
17, 2010. D&S Communications was determined to be the most qualified proposer meeting
County requirements as specified in the RFP. As a result, the Information Technology
Department ITD) is recommending the approval of the Board to proceed with an Agreement for
the provision of yearly maintenance and technical support to include service pack upgrades and
expedited repair or replacement of boards that fail under normal use for the Ericsson phone
system.
The services to be provided under this recommended Agreement are necessary to maintain a
highly reliable and operable County telephone system and to assist with the migration of the
existing telephone system toward a Voice-over-I/P VoIP) solution that is required to maintain
vendor support and services with that system. The future VoIP enabled telephone system is
expected to position the County for lower calling costs and additional beneficial telephone
functions simultaneously.
OTHER AGENCY INVOLVEMENT:
County Counsel, Auditor-Controller, and Risk Management have reviewed the Agreement and
concur. The Agreement is on file with the Clerk of the Board.
FINANCING:
Expenditures regarding the current FY were anticipated and included in the FY 2011 Adopted
Budget, FY 2011-12 Recommended Budget, and will be requested in the FY 2012-13 Budget for
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SIGNED BOARD REPORT"�|E�3�the Information Technology Department, Appropriations Unit INF001. Should funding be
reduced and/or terminated, the County may terminate this agreement by giving thirty 30) days
written notice of such action to the Contractor.
Prepared by:
k- L^-
Dan Mikulich Richard c
Telecom Operations Manager Interim Director of Information Technology
759-6918 796-1404
j~1_ c
Date Date
Attachments:
Agreement
cc: Charles J. McKee, County Counsel
Michael Miller, Auditor-Controller
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COMPLETED BOARD ORDER"�|E�:�Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No. A-11993
a. Approve and authorize the Contracts/Purchasing Officer
to execute a Professional Services Agreement with D&S
Communications in the amount of $385,410 for the
contract period commencing with the signing of the
Agreement through September 13, 2013 for the provision
of yearly maintenance services and technical support of
the Ericsson phone system and;
b. Authorize the Contracts/Purchasing Officer to sign up to
two future amendments extending the Agreement for two
2) one year periods where the annual maintenance costs
during any single extension period do not exceed
$128,470 per year and the amendment does not
significantly change the scope of work
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, the Board hereby;
a. Approved and authorized the Contracts/Purchasing Officer to execute a
Professional Services Agreement with D&S Communications in the amount
of $385,410 for the contract period commencing with the signing of the
Agreement through September 13, 2013 for the provision of yearly
maintenance services and technical support of the Ericsson phone system and;
b. Authorized the Contracts/Purchasing Officer to sign up to two future
amendments extending the Agreement for two 2) one year periods where the
annual maintenance costs during any single extension period do not exceed
$128,470 per year and the amendment does not significantly change the scope
of work.
PASSED AND ADOPTED on this 24th day of May, 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered
in the minutes thereof of Minute Book 75 for the meeting on May 24, 2011.
Dated: May 26, 2011
Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
CZA
37
Deputy
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FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMML NICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
AGREEMENT TO PROVIDE. AASTRA TELEPHONE SYSTEM SERVICE
FOR THE MONTEREY COUNTY INFORMATION TECHNOLOGY
DEPARTMENT
This AGREEMENT is made and entered into by and between the County of Monterey, a
political subdivision of the State of California, hereinafter referred to as County", and
D & S COMMUNICATIONS, INC., hereinafter referred to as CONTRACTOR."
A. WHEREAS, County has invited proposals through the Request for Proposals
RFP #10267) for, in accordance with the specifications set forth in this AGREEMENT; and
B. WHEREAS, CONTRACTOR has submitted a responsive and responsible proposal to
perform such services; and
C. WHEREAS, CONTRACTOR has the expertise and capabilities necessary to provide the
services requested.
NOW THEREFORE, County and CONTRACTOR, for the consideration hereinafter named,
agree as follows:
1.1 After consideration and evaluation of the CONTRACTOR'S proposal, the County hereby
engages CONTRACTOR to provide the services set forth in RFP #10267 and in this
AGREEMENT on the terms and conditions contained herein and in RFP # 10267. The intent
of this AGREEMENT is to summarize the contractual obligations of the parties. The
component parts of this AGREEMENT include the following:
RFP # 10267 dated November 17, 2010,
Addendum #I
CONTRACTOR'S Proposal dated December 21, 2010, including all attachments
and exhibits, to RFP #10267
AGREEMENT
Certificate of Insurance
Additional Insured Endorsements
1.2 All of the above-referenced contract documents are intended to be complementary. Work
required by one of the above-referenced contract documents and not by others shall be done
as if required by all. In the event of a conflict between or among component pares of the
contract, the contract documents shall be construed in the following order: AGREEMENT,
General Requirements and General Provisions, CONTRACTOR'S Proposal with all
1
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FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D &. S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
2.7.1 Additional on-site visits for additional service packs, if required by the County,
shall be chargeable in accordance with EXHIBIT D TIME & MATERIALS
attached hereto.
2.8 CONTRACTOR shall not change administration passwords without County written
approval.
2.9 CONTRACTOR shall provide technical assistance to support County owned Aastra
Telephone Systems. These services shall include, but not be limited to:
2.9.1 Access to CONTRACTOR's 800) support hotline
2.9.2 Replacement of Aastra MD 110 PBX hardware and all revisions
2.9.3 Remote diagnostics
2.9.4 Isolate source of problem
2.9.5 Dispatch technician on-site within 4 hours upon request
2.9.6 24/7 telephone support
2.9.7 24/7 website reporting capabilities
2.9.8 Manufacturer corrective software updates
2.9.9 Remote software moves, add-ons and changes as requested at hourly bill rate
2.9.10 Onsite coverage hours 7:00 AM 7:00 PM PST, Monday through Friday,
excluding County Holidays
2.9.11 CONTRACTOR shall include digital phone repair at no additional charge.
2.10 Hardware Assurance Program shall include but is not be limited to:
2.10.1 CONTRACTOR shall provide replacement for any board that fails within 24
hours or sooner.
2.10.2 All related costs for replacement boards shall be included in the
cost of the hardware assurance plan.
2.10.3 CONTRACTOR shall retain extra critical boards for the County in order to limit
downtime.
2.11 Service Pack Update Support
2.11.1 CONTRACTOR shall provide labor and support to implement upgrades for
County purchased software assurance that shall commence after the completion of
the TSE upgrade.
2.11.2 CONTRACTOR shall include at least two on-site visits per fiscal year to update
the MD 110 system to the latest Service pack including hot fixes and corrections.
2.12 The County shall provide CONTRACTOR with adequate remote IP access to each
supported system.
2.13 CONTRACTOR shall provide an on-site courtesy visit once per quarter to review the
switches to verify that they are running according to manufacturer specifications at no
additional charge.
2.14 CONTRACTOR shall coordinate scheduled visits with the County.
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FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP 410267 Aastra Telephone System Service Agreement
4.6 Tax:
4.6.1 Pricing as per this AGREEMENT is inclusive of all applicable taxes.
4.6.2 County is registered with the Internal Revenue Service, San Francisco office,
registration number 94730022K. The County is exempt from Federal Transportation
Tax; an exemption certificate is not required where shipping documents show
Monterey County as consignee.
5.1 Invoice amounts shall be billed directly to the ordering department.
5.2 CONTACTOR shall reference the RFP/RFQ number on all invoices submitted to County.
CONTRACTOR shall submit such invoices periodically or at the completion of services,
but in any event, not later than 30 days after completion of services. The invoice shall set
forth the amounts claimed by CONTRACTOR for the previous period, together with an
itemized basis for the amounts claimed, and such other information pertinent to the invoice.
County shall certify the invoice, either in the requested amount or in such other amount as
County approves in conformity with this AGREEMENT, and shall promptly submit such
invoice to County Auditor-Controller for payment. County Auditor-Controller shall pay the
amount certified within 30 days of receiving the certified invoice.
5.3 All County of Monterey Purchase Orders issued for the AGREEMENT are valid only
during the fiscal year in which they are issued the fiscal year is defined as July 1 through
June 30).
5.4 Unauthorized Surcharges or Fees: Invoices containing unauthorized surcharges or
unauthorized fees of any kind shall be rejected by County. Surcharges and additional fees
not included the AGREEMENT must be approved by County in writing via an Amendment.
CONTRACTOR shall indemnify, defend, and hold harmless County, its officers, agents,
and employees, from and against any and all claims, liabilities, and losses whatsoever
including damages to property and injuries to or death of persons, court costs, and
reasonable attorneys' fees) occurring or resulting to any and all persons, firms or
corporations furnishing or supplying work, services, materials, or supplies in connection
with the performance of this AGREEMENT, and from any and all claims, liabilities, and
losses occurring or resulting to any person, firm, or corporation for damage, injury, or death
arising out of or connected with CONTRACTOR's performance of this AGREEMENT,
unless such claims, liabilities, or losses arise out of the sole negligence or willful
misconduct of County. CONTRACTOR's performance" includes CONTRACTOR.'s
action or inaction and the action or inaction of CONTRACTOR's officers, employees,
agents and subcontractors.
5
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TO-U012
SIGN-U012
UP-U012
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AMENDMENTS-U012
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MAINTENANCE-U012
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ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
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FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP #10267 Aastra Telephone System Service Agreement
7.2.1.4 Professional liabili insurance, if required for the professional services
being provided.
e.g., those persons authorized by a license to engage in a
business or profession regulated by the California Business and Professions
Code), in the amount of not less than $1,000,000 per claim and $2,000,000
in the aggregate, to cover liability for malpractice or errors or omissions
made in the course of rendering professional services. If professional
liability insurance is written on a claims-made" basis rather than an
occurrence basis, CONTRACTOR shall, upon the expiration or earlier
termination of this AGREEMENT, obtain extended reporting coverage
tail coverage") with the same liability limits. Any such tail coverage shall
continue for at least three years following the expiration or earlier
termination of this AGREEMENT.
7.3 Other Insurance Requirements:
7.3.1 All insurance required by this AGREEMENT shall be with a company acceptable to
County and issued and executed by an admitted insurer authorized to transact
Insurance business in the State of California. Unless otherwise specified by this
AGREEMENT, all such insurance shall be written on an occurrence basis, or, if the
policy is not written on an occurrence basis, such policy with the coverage required
herein shall continue in effect for a period of three years following the date
CONTRACTOR completes its performance of services under this AGREEMENT.
7.3.2 Each liability policy shall provide that County shall be given notice in writing at
least thirty days in advance of any endorsed reduction in coverage or limit,
cancellation, or intended non-renewal thereof. Each policy shall provide coverage
for CONTRACTOR and additional insureds with respect to claims arising from each
subcontractor, if any, performing work under this AGREEMENT, or be
accompanied by a certificate of insurance from each subcontractor showing each
subcontractor has identical insurance coverage to the above requirements.
7.3.3 Commercial general liability and automobile liability policies shall provide an
endorsement naming the County of Monterey, its o icers, agents, and employees as
Additional Insureds with respect to liability arisin out of the CONTRACTOR'S
work, including ongoing and completed operations, and shall further provide that
such insurance is primary insurance to any insurance or self-insurance maintained
by the County and that the insurance of the Additional Insureds shall not be called
Von to contribute to a loss covered by the CONTRACTOR'S insurance. The
required endorsement form or Commercial General Liability Additional Insured is
ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01
2000). The required endorsement form for Automobile Additional Insured
endorsement is ISO Form CA 20 48 02 99.
7.3.4 Prior to the execution of this AGREEMENT by County, CONTRACTOR shall file
certificates of insurance with County's contract administrator and County's
Contracts/Purchasing Division, showing that CONTRACTOR has in effect the
7
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LI21329-U03
FO96183-U03
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FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO102953-U03
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16518-U05
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APPROVE-U07
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A-U07
PROFESSIONAL-U07
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AGREEMENT-U07
D&S-U07
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JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
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PERIOD-U012
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THE-U012
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OF-U012
THE-U012
AGREEMENT-U012
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SEPTEMBER-U012
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FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
matters connected with the performance of this AGREEMENT for a period of three years
after final payment under the AGREEMENT.
9.1 During the performance of this contract, CONTRACTOR shall not unlawfully discriminate
against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, age over 40), sex, or sexual orientation. CONTRACTOR shall ensure that the
evaluation and treatment of its employees and applicants for employment are free of such
discrimination. CONTRACTOR shall comply with the provisions of the Fair Employment
and Housing Act Government Code, 12900, et seq.) and the applicable regulations
promulgated thereunder California Code of Regulations, Title 2, 7285.0, et seq.).
9.2 The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code, 12900, et seq., set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this AGREEMENT by reference and
made a part hereof as if set forth in full.
9.3 CONTRACTOR shall include the non-discrimination and compliance provisions of the
clause in all AGREEMENTS with subcontractors to perform work under the contract.
10.1 Independent Contractor: CONTRACTOR shall be an independent contractor and shall not
be an employee of Monterey County, nor immediate family of an employee of County.
CONTRACTOR shall be responsible for all insurance General Liability, Automobile,
Workers' Compensation, unemployment, etc,) and all payroll-related taxes.
CONTRACTOR shall not be entitled to any employee benefits. CONTRACTOR shall
control the manner and means of accomplishing the result contracted for herein.
10.2 Minimum Work Performance Percentage: CONTRACTOR shall perform with his own
organization contract work amounting to not less than 50 percent of the original total
AGREEMENT amount, except that any designated Specialty Items' may be performed by
subcontract and the amount of any such Specialty Items' so performed may be deducted
from the original total AGREEMENT amount before computing the amount of work
required to be performed by CONTRACTOR with his own organization or per a
consortium.
9
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FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
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AI102018-U03
DO102953-U03
C1-U03
GENERAL-U03
DOCUMENTS-U03
6/7/2011-U04
BOYDA-U04
16518-U05
7-U06
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APPROVE-U07
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THE-U07
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EXECUTE-U07
A-U07
PROFESSIONAL-U07
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AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
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JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
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THE-U012
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AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
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FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
during emergency situations. Delivery location(s) and estimated arrival will be mutually
agreed upon, by County and CONTRACTOR, at time of order and will be determined based
on need and existing conditions. It is understood that current conditions, such as power
outages, road closures, and damages to CONTRACTOR's facility and/or equipment, will be
taken into consideration.
15.1 CONTRACTOR shall be required to submit appropriate State level criminal background
clearance(s) for all personnel required to work within County facilities that are deemed
restricted or high security, including but not limited to the Sheriff's Office, Probation
Department, 911 Center, and District Attorney's Office.
15.1.1 A California licensed Investigator must perform the required State level criminal
background check(s) which must then be submitted to County prior to the personnel
being allowed to work within such County facilities.
15.1.2 CONTRACTOR is responsible for the cost of the State level criminal background
check(s).
15.1.3 EXCEPTION: personnel who are designated to provide services at any of the
Sheriffs facilities are required to undergo fingerprinting and background checks
through the Sheriff's main office, at no cost to CONTRACTOR.
15.2 The required background checks SHALL be completed prior to allowing the personnel to
work within any of the limited access facilities.
All software/hardware purchased must be free of malicious code such as viruses, Trojan
horse programs, worms, spyware, etc. Validation of this must be written into the contract.
Malicious code or malware short for malicious software) is defined as software or
firmware) designed to damage or do other unwanted actions on a computer system.
Common examples of malware include viruses, worms, Trojan horses and spyware. Viruses,
for example, can cause havoc on a computer's hard drive by deleting files or directory
information. Spyware can gather data from a user's system without the user knowing it. This
can include anything from the web pages a user visits to personal information, such as credit
card numbers.
17.1 All data provided by County belongs to County. All records compiled by CONTRACTOR
in completing the work described in this AGREEMENT, including but not limited to written
reports, studies, drawings, blueprints, negatives of photographs, graphs, charts, plans, source
codes, specifications and all other similar recorded data, shall become and remain the
11
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FO96184-U03
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MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO102953-U03
C1-U03
GENERAL-U03
DOCUMENTS-U03
6/7/2011-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
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FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
19.2
19.3
19.4
Any dispute that arises under or relates to this AGREEMENT whether contract, tort, or
both) shall be resolved in the Superior Court of California in Monterey County, California.
CONTRACTOR shall continue to perform under this AGREEMENT during any dispute.
The parties agree to waive their separate rights to a trial by jury. This waiver means that the
trial will be before a judge.
IN WITNESS WHEREOF, the County and CONTRACTOR execute this AGREEMENT as
follows:
MONTEREY COUNTY
Contracts/Purchasing Officer
CONTRACTOR
By:
Signatur of Chair, President, or
Vic esident
cr S' eah 7/c %- P 2 S r OrP
Printed Name and Title
Dated: 2/z y///
Dated:
By: /--
Signature of Secretary, Asst/ cretary, CFO,
Treasurer or Asst. Treasurer
AI3K MANAGEMENT
Approves QU-bl LYa1Rfft 1 81 E&EY
APPROVED AS TO INDEMNITY/
INSURANCE LANGUAGE
Risk Managernen
By:
Dated: Date:_
Approved as to Form:
puty County Couznsel
nn 11
Dated
ch nr~l r~
S~~R6Tly-,'
Printed Name and Title
Dated:
13
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MG99791-U03
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C1-U03
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DOCUMENTS-U03
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JOSEPHS-U09
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5/12/2011-U011
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$385,410-U012
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�Agreement between County of Monterey and D & S COMMUTIICATINS, INC.
RFP #10267 Aastra Telephone System Service Agreement
EXHIBIT A EXISTING INSTALLED AND STOCK PARTS
Board Type Part Number
GJUL4 ROF1375393/1
TMU ROF1375335/2
ELU28 ROF135334/3
ELU29 ROF1375339/14
TLU77/1 ROF1375387/1
LPU5 ROF1314602/3
LSU ROF13714413/5
DSU ROF1374414/4
ALU2 ROF1375373/1
BTU 1 ROFU 1310007/2
ELU30 ROF1375409/2
ELU24 ROFU 1310021 /1
TLU41 ROF137538111
GJUG5 ROF1375389/2
GSU ROF1375390/1
GCU2 ROF13114493/2
GPU ROF1375394/1
ELU32 ROF1375428/1
NIU/1 ROF1375396/1
NIU/2 ROF1375396/2
HDU5 ROF1375395/1
TLU82 ROF1375418/2
TLU80 ROF13754064
TLU77/3 ROF135387/3
TLU76/3 ROF1375338/3
TLU76/2 ROF1375338/2
SPAN COVERTER ROF1375399/1
IPLU ROF1375067/1
ELU31 ROF1375412/1
ESU 1376301/1
LSU-E ROF1 376302/1
15
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FO99716-U03
MG99791-U03
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DOCUMENTS-U03
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AGREEMENT-U07
D&S-U07
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TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
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IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
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OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
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FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP 410267 Aastra Telephone System Service Agreement
EXHIBIT B PRICING SHEET
Service Bid As: Cost
MAIN SITE
Technical Support Annual Rate $ 46,974
Program
Hardware Assurance Annual Rate
Program $ 16,911
Service Pack Annual Rate $ 9,000
Program MD110
Service Pack Annual Rate
Program DNA $ 2,700
Service Pack Annual Rate
Program Solidus $ 41500
NATIVIDAD MEDICAL CENTER
Technical Support Annual Rate
Program $ 12,282
Hardware Assurance Annual Rate
Program $ 4,422
Service Pack Annual Rate
Program MD110 $ 3,000
Service Pack
Program DNA Annual Rate
$
1,500
Service Pack Annual Rate $ 1,500
Program Solidus
911 CENTER
Technical Support Annual Rate
1
250 f
Program
17
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MG99791-U03
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16518-U05
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5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
EXHIBIT C
AASTRA ESCALATION TECHNICAL SUPPORT PRICING ETS BASIC
COVERAGE)
s
Main:
TSE $ 8,171.25
Solidus $ 3,985.59
DNA not applicable
NMC:
TSW $ 3,145.00
911
TSW $ 625.00
TOTAL $ 15,926.84
19
Prepared by CCChin, MA II
BIB]
40701-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
W/D-U02
&-U02
S-U02
COMMUNICATIONS-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO102953-U03
C1-U03
GENERAL-U03
DOCUMENTS-U03
6/7/2011-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
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SCOPE-U012
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WORK.-U012
FULLY EXECUTED AGREEMENT W/D �<
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
EXHIBIT D TIME AND MATERIALS T&M) RATES
CURRENT D&S SERVICE
TIME OF SERVICE*
CURRENT D&S REGULAR
RATES FOR THE COUNTY
RATES
SERVICE
Monday-Friday 7am 7pm)
$ 20
Technical Assistance Center Technician S q
Time';and a half
lime and one half
Monday Saturday, Outside Principal Period / 5 $180
Double ime Double Time
Sundays / D&S Holidays 0 $240
1. The above time and materials rates are for telephone technical assistance outside the
scope of AGREEMENT.
2. Remote: Minimum billing time for such services is 1 hour. Thereafter billing will be
calculated in half-hour increments.
3. On-site: Minimum billing time for such services is 8 hours. Thereafter billing will be
calculated in 1 hour increments. Travel & Living costs are not included in the above
pricing.
21
Prepared by CCChin, MA 11
BIB]
40701-U01
FULLY-U02
EXECUTED-U02
AGREEMENT-U02
W/D-U02
&-U02
S-U02
COMMUNICATIONS-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO102953-U03
C1-U03
GENERAL-U03
DOCUMENTS-U03
6/7/2011-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
3.0 TERM OF.AGREEMEN3T
3.1 The initial term shall commence with the signing of the AGREEMENT through and
including September 13, 2013, with the option to extend the AGREEMENT for two
additional one 1) year periods. County is not required to state a reason if it elects not to
renew this AGREEMENT.
3.2 If County exercises its option to extend, all applicable parties shall mutually agree upon the
extension, including any changes in rate and/or terms and conditions.
3.3 County reserves the right to cancel the AGREEMENT, or any extension of the
AGREEMENT, without cause, with a thirty 30) day written notice, or immediately with
cause.
4.1 COMPENSATION AND PAYMENTS
4.1 It is mutually understood and agreed by both parties that CONTRACTOR shall be
compensated under this AGREEMENT in accordance with the following pricing sheets
attached hereto:
4.1.1 EXHIBIT B PRICING SHEET
4.1.2 EXHIBIT C AASTRA ESCALATION TECHNICAL SUPPORT PRICING
ETS BASIC COVERAGE)
4.1.3 EXHIBIT D TIME & MATERIALS
4.1.4 All prices quoted include the cost of work performed on weekends or after
business hours.
4.2 Prices shall remain firm for the initial term of this AGREEMENT and, thereafter, may be
adjusted annually as provided in this paragraph. County does not guarantee any minimum or
maximum amount of dollars to be spent under this AGREEMENT.
4.2.1 The annual amount to be spent under this AGREEMENT shall not exceed $128,470.
4.2.2 The total AGREEMENT liability of the County shall not exceed $385,410 over the
term of the AGREEMENT.
4.3 CONTRACTOR shall initiate negotiations for rate changes a minimum of ninety days 90)
prior to the expiration of this AGREEMENT.
4.4 Any discount offered by the CONTRACTOR must allow for payment after receipt and
acceptance of services, material or equipment and correct invoice, whichever is later. In no
case will a discount be considered that requires payment in less than 30 days.
4.5 CONTRACTOR shall levy no additional fees or surcharges of any kind during the term of
this AGREEMENT without first obtaining approval from County in writing.
I
4
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP #10267 Aastra Telephone System Service Agreement
2.7.1 Additional on-site visits for additional service packs, if required by the County,
shall be chargeable in accordance with EXHIBIT D TIME & MATERIALS
attached hereto.
2.8 CONTRACTOR shall not change administration passwords without County written
approval.
2.9 CONTRACTOR shall provide technical assistance to support County owned Aastra
Telephone Systems. These services shall include, but not be limited to:
2.9.1 Access to CONTRACTOR's 800) support hotline
2.9.2 Replacement of Aastra MD 110 PBX hardware and all revisions
2.9.3 Remote diagnostics
2.9.4 Isolate source of problem
2.9.5 Dispatch technician on-site within 4 hours upon request
2.9.6 24/7 telephone support
2.9.7 24/7 website reporting capabilities
2.9.8 Manufacturer corrective software updates
2.9.9 Remote software moves, add-ons and changes as requested at hourly bill rate
2.9.10 Onsite coverage hours 7:00 AM 7:00 PM PST, Monday through Friday,
excluding County Holidays
2.9.11 CONTRACTOR shall include digital phone repair at no additional charge.
2.10 Hardware Assurance Program shall include but is not be limited to:
2.10.1 CONTRACTOR shall provide replacement for any board that fails within 24
hours or sooner.
2.10.2 All related costs for replacement boards shall be included in the
cost of the hardware assurance plan.
2.10.3 CONTRACTOR shall retain extra critical boards for the County in order to limit
downtime.
2.11 Service Pack Update Support
2.11.1 CONTRACTOR shall provide labor and support to implement upgrades for
County purchased software assurance that shall commence after the completion of
the TSE upgrade.
2.11.2 CONTRACTOR shall include at least two on-site visits per fiscal year to update
the MD 110 system to the latest Service pack including hot fixes and corrections.
2.12 The County shall provide CONTRACTOR with adequate remote IP access to each
supported system.
2.13 CONTRACTOR shall provide an on-site courtesy visit once per quarter to review the
switches to verify that they are running according to manufacturer specifications at no
additional charge.
2.14 CONTRACTOR shall coordinate scheduled visits with the County.
3
Prepared by CCChin, MA 11
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
attachments and exhibits), RFP 410267, Addendum, Certificate of Insurance, and Additional
Insured Endorsements.
1.3 CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees,
and subcontractors performing services under this AGREEMENT are specially trained,
experienced, competent, and appropriately licensed to perform the work and deliver the
services required under this AGREEMENT and are not employees of the County, or
immediate family of an employee of the County.
1.4 CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe
and skillful manner and in compliance with all applicable laws and regulations. All work
performed under this AGREEMENT that is required by law to be performed or supervised
by licensed personnel shall be performed in accordance with such licensing requirements.
1.5 CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel
necessary to carry out the terms of this AGREEMENT, except as otherwise specified in this
AGREEMENT. CONTRACTOR shall not use County premises, property including
equipment, instruments, or supplies) or personnel for any purpose other than in the
performance of its obligations under this AGREEMENT.
2,0 SCOPE OF SERVICE
2.1 CONTRACTOR shall complete all phone system changes after normal business hours.
2.2 CONTRACTOR shall provide a single point of contact for technical support throughout this
AGREEMENT.
2.3 CONTRACTOR shall have technicians available throughout the term of the AGREEMENT
to County within four hours notice in the event of a major system outage.
2.4 CONTRACTOR shall pass on to the County the full warranty period given by the vendor.
2.4.1 For refurbished equipment sold by CONTRACTOR to the County, the warranty
period shall be 18 months from shipment date from CONTRACTOR.
2.5 CONTRACTOR shall provide all documentation and copies of any software installed at
County sites.
2.6 Services shall be provided throughout the County.
2.6.1 All technical assistance, hardware assurance or support shall include equipment,
software or maintenance currently in use by the County.
2.6.2 Service for the identified parts currently used by the County as listed in
accordance with EXHIBIT A EXISTING INSTALLED & STOCK PARTS
attached hereto.
2.7 CONTRACTOR shall include 2 service pack upgrade visits per year.
r
2
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
AGREEMENT TO PROVIDE AASTRA TELEPHONE SYSTEM SERVICE
FOR THE MONTEREY COUNTY INFORMATION TECHNOLOGY
DEPARTMENT
This AGREEMENT is made and entered into by and between the County of Monterey, a
political subdivision of the State of California, hereinafter referred to as County", and
D & S COMMUNICATIONS, INC., hereinafter referred to as CONTRACTOR."
A. WHEREAS, County has invited proposals through the Request for Proposals
RFP #10267) for, in accordance with the specifications set forth in this AGREEMENT; and
B. WHEREAS, CONTRACTOR has submitted a responsive and responsible proposal to
perform such services; and
C. WHEREAS, CONTRACTOR has the expertise and capabilities necessary to provide the
services requested.
NOW THEREFORE, County and CONTRACTOR, for the consideration hereinafter named,
agree as follows:
1.4 PERFORMANCE OF THE AGREEMENT
1.1 After consideration and evaluation of the CONTRACTOR'S proposal, the County hereby
engages CONTRACTOR to provide the services set forth in RFP #10267 and in this
AGREEMENT on the terms and conditions contained herein and in RFP #10267. The intent
of this AGREEMENT is to summarize the contractual obligations of the parties. The
component parts of this AGREEMENT include the following:
RFP # 10267 dated November 17, 2010,
Addendum #1
CONTRACTOR'S Proposal dated December 21, 2010, including all attachments
and exhibits, to RFP #10267
AGREEMENT
Certificate of Insurance
Additional Insured Endorsements
1.2 All of the above-referenced contract documents are intended to be complementary. Work
required by one of the above-referenced contract documents and not by others shall be done
as if required by all. In the event of a conflict between or among component parts of the
contract, the contract documents shall be construed in the following order: AGREEMENT,
General Requirements and General Provisions, CONTRACTOR'S Proposal with all
1
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
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OF-U012
THE-U012
ERICSSON-U012
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TO-U012
TWO-U012
FUTURE-U012
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EXTENDING-U012
THE-U012
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THE-U012
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DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
4.6 Tax:
4.6.1 Pricing as per this AGREEMENT is inclusive of all applicable taxes.
4.6.2 County is registered with the Internal Revenue Service, San Francisco office,
registration number 94730022K. The County is exempt from Federal Transportation
Tax; an exemption certificate is not required where shipping documents show
Monterey County as consignee.
5.0 INVOICES AND PURCHASE ORDERS
5.1 Invoice amounts shall be billed directly to the ordering department.
5.2 CONTACTOR shall reference the RFP/RFQ number on all invoices submitted to County.
CONTRACTOR shall submit such invoices periodically or at the completion of services,
but in any event, not later than 30 days after completion of services. The invoice shall set
forth the amounts claimed by CONTRACTOR for the previous period, together with an
itemized basis for the amounts claimed, and such other information pertinent to the invoice.
County shall certify the invoice, either in the requested amount or in such other amount as
County approves in conformity with this AGREEMENT, and shall promptly submit such
invoice to County Auditor-Controller for payment. County Auditor-Controller shall pay the
amount certified within 30 days of receiving the certified invoice.
5.3 All County of Monterey Purchase Orders issued for the AGREEMENT are valid only
during the fiscal year in which they are issued the fiscal year is defined as July 1 through
June 30).
5.4 Unauthorized Surcharges or Fees: Invoices containing unauthorized surcharges or
unauthorized fees of any kind shall be rejected by County. Surcharges and additional fees
not included the AGREEMENT must be approved by County in writing via an Amendment.
b:0 INDEMNIFICATION
CONTRACTOR shall indemnify, defend, and hold harmless County, its officers, agents,
and employees, from and against any and all claims, liabilities, and losses whatsoever
including damages to property and injuries to or death of persons, court costs, and
reasonable attorneys' fees) occurring or resulting to any and all persons, firms or
corporations furnishing or supplying work, services, materials, or supplies in connection
with the performance of this AGREEMENT, and from any and all claims, liabilities, and
losses occurring or resulting to any person, firm, or corporation for damage, injury, or death
arising out of or connected with CONTRACTOR's performance of this AGREEMENT,
unless such claims, liabilities, or losses arise out of the sole negligence or willful
misconduct of County. CONTRACTOR's performance" includes CONTRACTOR's
action or inaction and the action or inaction of CONTRACTOR's officers, employees,
agents and subcontractors.
5
Prepared by CCChin, MA 11
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
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DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
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SCOPE-U012
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WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
7.0 INSURANCE REQUIREMENTS
7.1 Evidence of Coverage:
7.1.1 Prior to commencement of this AGREEMENT, CONTRACTOR shall provide a
Certificate of Insurance" certifying that coverage as required herein has been
obtained. Individual endorsements executed by the insurance carrier shall
accompany the certificate. In addition CONTRACTOR upon request shall provide a
certified copy of the policy or policies.
7.1.2 This verification of coverage shall be sent to the County's Contracts/Purchasing
Department, unless otherwise directed. CONTRACTOR shall not receive a Notice
to Proceed" with the work under this AGREEMENT until it has obtained all
insurance required and such, insurance has been approved by County. This approval
of insurance shall neither relieve nor decrease the liability of CONTRACTOR.
7.1.3 Qualifying Insurers: All coverage's, except surety, shall be issued by companies
which hold a current policy holder's alphabetic and financial size category rating of
not less than A- VII, according to the current Best's Key Rating Guide or a company
of equal financial stability that is approved by County's Purchasing Officer.
7.2 Insurance Coverage Requirements:
7.2.1 Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall
maintain in effect throughout the term of this AGREEMENT a policy or policies of
insurance with the following minimum limits of liability:
7.2.1.1 Commercial general liability insurance, including but not limited to
premises and operations, including coverage for Bodily Injury and Property
Damage, Personal Injury, Contractual Liability, Broadform Property
Damage, Independent Contractors, Products and Completed Operations,
with a combined single limit for Bodily Injury and Property Damage of not
less than $1,000,000 per occurrence.
7.2.1.2 Business automobile liability insurance, covering all motor vehicles,
including owned, leased, non-owned, and hired vehicles, used in providing
services under this AGREEMENT, with a combined single limit for Bodily
Injury and Property Damage of not less than $1,000,000 per occurrence.
7.2.1.3 Workers' Compensation Insurance, if CONTRACTOR employs others in
the performance of this AGREEMENT, in accordance with California
Labor Code section 3700 and with Employer's Liability limits not less than
$1,000,000 each person, $1,000,000 each accident and $1,000,000 each
disease.
I
6
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
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DO109667-U03
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EXTENDING-U012
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$128,470-U012
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THE-U012
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DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
7.2.1.4 Professional liability insurance, if required for the professional services
being provided, e.g., those persons authorized by a license to engage in a
business or profession regulated by the California Business and Professions
Code), in the amount of not less than $1,000,000 per claim and $2,000,000
in the aggregate, to cover liability for malpractice or errors or omissions
made in the course of rendering professional services. If professional
liability insurance is written on a claims-made" basis rather than an
occurrence basis, CONTRACTOR shall, upon the expiration or earlier
termination of this AGREEMENT, obtain extended reporting coverage
tail coverage") with the same liability limits. Any such tail coverage shall
continue for at least three years following the expiration or earlier
termination of this AGREEMENT.
7.3 Other Insurance Requirements:
7.3.1 All insurance required by this AGREEMENT shall be with a company acceptable to
County and issued and executed by an admitted insurer authorized to transact
Insurance business in the State of California. Unless otherwise specified by this
AGREEMENT, all such insurance shall be written on an occurrence basis, or, if the
policy is not written on an occurrence basis, such policy with the coverage required
herein shall continue in effect for a period of three years following the date
CONTRACTOR completes its performance of services under this AGREEMENT.
7.3.2 Each liability policy shall provide that County shall be given notice in writing at
least thirty days in advance of any endorsed reduction in coverage or limit,
cancellation, or intended non-renewal thereof. Each policy shall provide coverage
for CONTRACTOR and additional insureds with respect to claims arising from each
subcontractor, if any, performing work under this AGREEMENT, or be
accompanied by a certificate of insurance from each subcontractor showing each
subcontractor has identical insurance coverage to the above requirements.
7.3.3 Commercial general liability and automobile liability policies shall provide an
endorsement naming the County of Monterey, its officers, agents, and employees as
Additional Insureds with respect to liability arising out of the CONTRACTOR'S
work, including ongoing and completed operations, and shall further provide that
such insurance is primary insurance to any insurance or self insurance maintained
by the County and that the insurance of the Additional Insureds shall not be called
upon to contribute to a loss covered by the CONTRACTOR'S insurance. The
required endorsement form for Commercial General Liability Additional Insured is
ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01
2000). The required endorsement form for Automobile Additional Insured
endorsement is ISO Form CA 20 48 02 99.
7.3.4 Prior to the execution of this AGREEMENT by County, CONTRACTOR shall file
certificates of insurance with County's contract administrator and County's
Contracts/Purchasing Division, showing that CONTRACTOR has in effect the
7
Prepared by CCChin, MA 11
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
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EXTENDING-U012
THE-U012
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DOES-U012
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CHANGE-U012
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SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
insurance required by this AGREEMENT. CONTRACTOR shall file a new or
amended certificate of insurance within five calendar days after any change is made
in any insurance policy, which would alter the information on the certificate then on
file. Acceptance or approval of insurance shall in no way modify or change the
indemnification clause in this AGREEMENT, which shall continue in full force and
effect.
7.3.5 CONTRACTOR shall at all times during the term of this AGREEMENT maintain in
force the insurance coverage required under this AGREEMENT and shall send,
without demand by County, annual certificates to County's Contract Administrator
and County's Contracts/Purchasing Division. If the certificate is not received by the
expiration date, County shall notify CONTRACTOR and CONTRACTOR shall
have five calendar days to send in the certificate, evidencing no lapse in coverage
during the interim. Failure by CONTRACTOR to maintain such insurance is a
default of this AGREEMENT, which entitles County, at its sole discretion, to
terminate this AGREEMENT immediately.
8.0 RECORDS AND CONFIDENTIALITY
8.1 Confidentiality: CONTRACTOR and its officers, employees, agents, and subcontractors
shall comply with any and all federal, state, and local laws, which provide for the
confidentiality of records and other information. CONTRACTOR shall not disclose any
confidential records or other confidential information received from the County or prepared
in connection with the performance of this AGREEMENT, unless County specifically
permits CONTRACTOR to disclose such records or information. CONTRACTOR shall
promptly transmit to County any and all requests for disclosure of any such confidential
records or information. CONTRACTOR shall not use any confidential information gained
by CONTRACTOR in the performance of this AGREEMENT except for the sole purpose
of carrying out CONTRACTOR's obligations under this AGREEMENT.
8.2 County Records: When this AGREEMENT expires or terminates, CONTRACTOR shall
return to County any County records which CONTRACTOR used or received from County
to perform services under this AGREEMENT.
8.3 Maintenance of Records: CONTRACTOR shall prepare, maintain, and preserve all reports
and records that may be required by federal, state, and County rules and regulations related
to services performed under this AGREEMENT.
8.4 Access to and Audit of Records: County shall have the right to examine, monitor and audit
all records, documents, conditions, and activities of CONTRACTOR and its subcontractors
related to services provided under this AGREEMENT. Pursuant to Government Code
section 8546.7, if this AGREEMENT involves the expenditure of public funds in excess of
$10,000, the parties to this AGREEMENT may be subject, at the request of County or as
part of any audit of County, to the examination and audit of the State Auditor pertaining to
8
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
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2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
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WORK.-U012
EXECUTED AGREEMENT"�|Em� �Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
matters connected with the performance of this AGREEMENT for a period of three years
after final payment under the AGREEMENT.
9.0 NON DISCRIMINATION
9.1 During the performance of this contract, CONTRACTOR shall not unlawfully discriminate
against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, age over 40), sex, or sexual orientation. CONTRACTOR shall ensure that the
evaluation and treatment of its employees and applicants for employment are free of such
discrimination. CONTRACTOR shall comply with the provisions of the Fair Employment
and Housing Act Government Code, 12900, et seq.) and the applicable regulations
promulgated thereunder California Code of Regulations, Title 2, 7285.0, et seq.).
9.2 The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code, 12900, et seq., set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this AGREEMENT by reference and
made a part hereof as if set forth in full.
9.3 CONTRACTOR shall include the non-discrimination and compliance provisions of the
clause in all AGREEMENTS with subcontractors to perform work under the contract.
I
10.0 OVERRIDING CONTRACTOR PERFORMANCE REQUIREMENTS
10.1 Independent Contractor: CONTRACTOR shall be an independent contractor and shall not
be an employee of Monterey County, nor immediate family of an employee of County.
CONTRACTOR shall be responsible for all insurance General Liability, Automobile,
Workers' Compensation, unemployment, etc,) and all payroll-related taxes.
CONTRACTOR shall not be entitled to any employee benefits. CONTRACTOR shall
control the manner and means of accomplishing the result contracted for herein.
10.2 Minimum Work Performance Percentage: CONTRACTOR shall perform with his own
organization contract work amounting to not less than 50 percent of the original total
AGREEMENT amount, except that any designated Specialty Items' may be performed by
subcontract and the amount of any such Specialty Items' so performed may be deducted
from the original total AGREEMENT amount before computing the amount of work
required to be performed by CONTRACTOR with his own organization or per a
consortium.
9
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
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EXECUTE-U07
A-U07
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D&S-U07
193-INFORMATION-U08
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5/12/2011-U011
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IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
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DO-U012
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$128,470-U012
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AMENDMENT-U012
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EXECUTED AGREEMENT"�|Em�
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
CONTRACTOR covenants that CONTRACTOR, its responsible officers, and its employees
having major responsibilities for the performance of work under the AGREEMENT,
presently have no interest and during the term of this AGREEMENT will not acquire any
interests, direct or indirect, which might conflict in any manner or degree with the
performance of CONTRACTOR'S services under this AGREEMENT.
12.0 COMPLIANCE WITH APPLICABLE LAWS
12.1 CONTRACTOR shall keep itself informed of and in compliance with all federal, state and
local laws, ordinances, regulations, and orders, including but not limited to all state and
federal tax laws, that may affect in any manner the Project or the performance of the
Services or those engaged to perform Services under this AGREEMENT. CONTRACTOR
shall procure all permits and licenses, pay all charges and fees, and give all notices required
by law in the performance of the Services.
12.2 CONTRACTOR shall report immediately to County's Contracts/Purchasing Officer, in
writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations,
orders, and/or guidelines in relation to the Project of the performance of the Services.
12.3 All documentation prepared by CONTRACTOR shall provide for a completed project that
conforms to all applicable codes, rules, regulations and guidelines that are in force at the
time such documentation is prepared.
Travel reimbursements shall not exceed the IRS allowance rates as per County of Monterey
Travel Policy. A copy of County's Travel Policy is available on the Auditor-Controller's
web site at: http://www.co.monterey.ca.us/auditor/policy.htm.
14.0 EMERGENCY SITUATIONS
14.1 CONTRACTOR shall provide the name and contact information of a representative who
shall be available 24 hours a day, 7 days a week, in the event of an emergency. During the
emergency, CONTRACTOR shall provide County with all available supplies, materials,
equipment and/or services on a priority basis.
14.2 County expects emergency deliveries to occur within 4 hours of order placement and may
be required during evenings, weekends, and holidays. Time is of the essence for delivery
10
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40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
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JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
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THE-U012
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AGREEMENT-U012
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SEPTEMBER-U012
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YEARLY-U012
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EXECUTED AGREEMENT"�|Em�
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP #10267 Aastra Telephone System Service Agreement
during emergency situations. Delivery location(s) and estimated arrival will be mutually
agreed upon, by County and CONTRACTOR, at time of order and will be determined based
on need and existing conditions. It is understood that current conditions, such as power
outages, road closures, and damages to CONTRACTOR's facility and/or equipment, will be
taken into consideration.
15.0 BACKGROUND CHECKS
15.1 CONTRACTOR shall be required to submit appropriate State level criminal background
clearance(s) for all personnel required to work within County facilities that are deemed
restricted or high security, including but not limited to the Sheriffs Office, Probation
Department, 911 Center, and District Attorney's Office.
15.1.1 A California licensed Investigator must perform the required State level criminal
background check(s) which must then be submitted to County prior to the personnel
being allowed to work within such County facilities.
15.1.2 CONTRACTOR is responsible for the cost of the State level criminal background
check(s).
15.1.3 EXCEPTION: personnel who are designated to provide services at any of the
Sheriffs facilities are required to undergo fingerprinting and background checks
through the Sheriffs main office, at no cost to CONTRACTOR.
15.2 The required background checks SHALL be completed prior to allowing the personnel to
work within any of the limited access facilities.
16.0 GUARANTEE OF MALWARE-FREE GOODS
All software/hardware purchased must be free of malicious code such as viruses, Trojan
horse programs, worms, spyware, etc. Validation of this must be written into the contract.
Malicious code or malware short for malicious software) is defined as software or
firmware) designed to damage or do other unwanted actions on a computer system.
Common examples of malware include viruses, worms, Trojan horses and spyware. Viruses,
for example, can cause havoc on a computer's hard drive by deleting files or directory
information. Spyware can gather data from a user's system without the user knowing it. This
can include anything from the web pages a user visits to personal information, such as credit
card numbers.
17.0 INTELLECTUAL PROPERTY RIGHTS
17.1 All data provided by County belongs to County. All records compiled by CONTRACTOR
in completing the work described in this AGREEMENT, including but not limited to written
reports, studies, drawings, blueprints, negatives of photographs, graphs, charts, plans, source
codes, specifications and all other similar recorded data, shall become and remain the
11
I
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
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EXECUTED AGREEMENT"�|Em�
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
property of County. Use or distribution of County data by CONTRACTOR is prohibited
unless CONTRACTOR obtains prior written consent from County.
17.2 Notwithstanding anything to the contrary contained in this AGREEMENT, it is understood
and agreed that CONTRACTOR shall retain all of its rights in its proprietary information
including, without limitation, methodologies and methods of analysis, ideas, concepts,
expressions, know how, methods, techniques, skills, knowledge and experience possessed
by CONTRACTOR prior to this AGREEMENT.
18.0 NOTICES
18.1 Non-Assignment: CONTRACTOR shall not assign this contract or the work required herein
without the prior written consent of County.
18.2 Notices required to be given to the respective parties under this AGREEMENT shall be
deemed given by any of the following means: 1) when personally delivered to County's
contract administrator or to CONTRACTOR'S responsible officer; 2) when personally
delivered to the party's principle place of business during normal business hours, by leaving
notice with any person apparently in charge of the office and advising such person of the
import and contents of the notice; 3) 24 hours after the notice is transmitted by FAX
machine to the other party, at the party's FAX number specified pursuant to this
AGREEMENT, provided that the party giving notice by FAX must promptly confirm
receipt of the FAX by telephone to the receiving party's office; or, 4) three 3) days after
the notice is deposited in the U. S. mail with first class or better postage fully prepaid,
addressed to the party as indicated below.
Notices mailed or faxed to the parties shall be addressed as follows:
Contracts/Purchasing Officer
County of Monterey, Contracts/Purchasing
168 W. Alisal Street, 3rd Floor.
Salinas, CA 93901-2439
Tel. No.: 831) 755-4990
FAX No.: 831) 755-4969
Email: DerrM(a,co.montere ca.us
D & S COMMUNICATINS, INC.
Manuel Taveira
1355 N. McLean Blvd.
Elgin, IL 60123
Tel. No.847-628+4173
FAX No.847-468-6068
Email: mtaveira@dscomm.com
19.0 LEGAL DISPUTES
19.1 CONTRACTOR agrees that this AGREEMENT, and any dispute arising from the
relationship between the parties to this AGREEMENT, shall be governed and interpreted by
the laws of the State of California, excluding any laws that direct the application of another
jurisdiction's laws.
12
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
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THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
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SEPTEMBER-U012
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2013-U012
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PROVISION-U012
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YEARLY-U012
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EXECUTED AGREEMENT"�|Em�
�Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
19.2 Any dispute that arises under or relates to this AGREEMENT whether contract, tort, or
both) shall be resolved in the Superior Court of California in Monterey County, California.
19.3 CONTRACTOR shall continue to perform under this AGREEMENT during any dispute.
19.4 The parties agree to waive their separate rights to a trial by jury. This waiver means that the
trial will be before a judge.
IN WITNESS WHEREOF, the County and CONTRACTOR execute this AGREEMENT as
follows:
CONTRACTOR
By:
Si afure of Chair, President, or
VIce-President
Contracts/Purchasing Officer
Dated:
4
1
f Z:> I
J is tsar
Printed Name and Title
Dated: 21Z
By:
Dated:
Signature of Secretary, Asst' Yecretary, CFO,
Treasurer or Asst. Treasuret)
Approve a UaPiHt i iW@tsY
PROVED AS TO INDEMNITY/
INSURANCE LANGUAGE
Risk Managem
F
Dated: ate:
Approved as to Form:
Dated: i I
Printed Name and Title
Dated:
/oy/ae"i/
13
Prepared by CCChin, MA 11
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
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EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP #10267 Aastra Telephone System Service Agreement
INTENTIONALLY LEFT BLANK
14
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40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
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OFFICER-U07
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EXECUTE-U07
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193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
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THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
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SEPTEMBER-U012
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TECHNICAL-U012
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EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS. INC.
RFP # 10267 Aastra Telephone System Service Agreement
EXHIBIT A EXISTING INSTALLED AND STOCK PARTS
Board Type Part Number
GJUL4 ROF1375393/1
TMU ROF1375335/2
ELU28 ROF135334/3
ELU29 ROF1375339/14
TLU77/1 ROF1 375387/1
LPU5 ROF1314602/3
LSU ROF13714413/5
DSU ROF1374414/4
ALU2 ROF1375373/1
BTU 1 ROFU1310007/2
ELU30 ROF1375409/2
ELU24 ROFU1310021/1
TLU41 ROF1375381 /1
GJUG5 ROF1375389/2
GSU ROF1375390/1
GCU2 ROF13114493/2
GPU ROF1375394/1
ELU32 ROF1375428/1
NIU/1 ROF1375396/1
NIU/2 ROF 1375396/2
HDU5 ROF1375395/1
TLU82 ROF1375418/2
TLU80 ROF13754064
TLU77/3 ROF1 35387/3
TLU76/3 ROF 1375338/3
TLU76/2 ROF1375338/2
SPAN COVERTER ROF1375399/1
IPLU ROF1375067/1
ELU31 ROF1375412/1
ESU 1376301/1
LSU-E ROF1376302/1
15
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40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
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IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
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PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
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OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
INTENTIONALLY LEFT BLANK
16
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BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
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OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
EXHIBIT B PRICING SHEET
Service Bid As: Cost
MAIN SITE
Technical Support Annual Rate $ 46,974
Program
Hardware Assurance Annual Rate
Program $ 16,911
Service Pack Annual Rate $ 9,000
Program MD110
Service Pack Annual Rate
Program DNA $ 2,700
Service Pack Annual Rate
Program Solidus $ 4,500
NATIVIDAD MEDICAL CENTER
Technical Support Annual Rate
Program $ 12,282
Hardware Assurance Annual Rate
Program $ 4,422
Service Pack Annual Rate
Program MD110 $ 3,000
Service Pack Annual Rate
Program DNA $ 1,500
Service Pack Annual Rate $ 1,500
Program Solidus
911 CENTER
Technical Support Annual Rate
$ 1,250
Program
17
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
EXHIBIT B PRICING SHEET cont'd)
Estimated Travel Expense Should On-site Support be Required
On-site Support Annual Estimate
$ 8,500
18
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
EXHIBIT C
AASTRA ESCALATION TECHNICAL SUPPORT PRICING ETS BASIC
COVERAGE)
Site Annual Price
Main:
TSE $ 8,171.25
Solidus $ 3,985.59
DNA not applicable
NMC:
TSW $ 3,145.00
911
TSW $ 625.00
TOTAL $ 15,926.84
19
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC,.
RFP # 10267 Aastra Telephone System Service Agreement
INTENTIONALLY LEFT BLANK
20
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
TO-U012
TWO-U012
FUTURE-U012
AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em��Agreement between County of Monterey and D & S COMMUNICATINS, INC.
RFP # 10267 Aastra Telephone System Service Agreement
EXHIBIT D TIME AND MATERIALS T&M) RATES
CURRENT D&S SERVICE
TIME OF SERVICE* CURRENT D&S REGULAR RATES FOR THE COUNTY
SERVICE RATES UNDER MD1 10 TASP
CONTRACT
Monday-Friday 7am 7pm) $120
Technical Assistance Center Technician
Monday Saturday
Outside Principal Period Time and a half
25 Time and one half
$180
Double ime Double Time
Sundays / D&S Holidays 0 $240
1. The above time and materials rates are for telephone technical assistance outside the
scope of AGREEMENT.
2. Remote: Minimum billing time for such services is 1 hour. Thereafter billing will be
calculated in half-hour increments.
3. On-site: Minimum billing time for such services is 8 hours. Thereafter billing will be
calculated in 1 hour increments. Travel & Living costs are not included in the above
pricing.
21
Prepared by CCChin, MA II
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
SUPPORT-U012
OF-U012
THE-U012
ERICSSON-U012
PHONE-U012
SYSTEM;-U012
B.-U012
AUTHORIZE-U012
THE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
SIGN-U012
UP-U012
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TWO-U012
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AMENDMENTS-U012
EXTENDING-U012
THE-U012
AGREEMENT-U012
TWO-U012
2)-U012
ONE-U012
YEAR-U012
PERIODS-U012
THE-U012
ANNUAL-U012
MAINTENANCE-U012
DURING-U012
ANY-U012
SINGLE-U012
EXTENSION-U012
PERIOD-U012
DO-U012
EXCEED-U012
$128,470-U012
PER-U012
YEAR-U012
THE-U012
AMENDMENT-U012
DOES-U012
SIGNIFICANTLY-U012
CHANGE-U012
THE-U012
SCOPE-U012
OF-U012
WORK.-U012
EXECUTED AGREEMENT"�|Em�� NOTEXTPAGE
BIB]
40956-U01
EXECUTED-U02
AGREEMENT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99716-U03
MG99791-U03
AS99817-U03
AS99821-U03
AI102018-U03
DO109667-U03
C5-U03
AGREEMENTS-U03
2/13/2012-U04
BOYDA-U04
16518-U05
7-U06
A.-U07
APPROVE-U07
AUTHORIZE-U07
THE-U07
CONTRACTS/PURCHASING-U07
OFFICER-U07
TO-U07
EXECUTE-U07
A-U07
PROFESSIONAL-U07
SERVICES-U07
AGREEMENT-U07
D&S-U07
193-INFORMATION-U08
TECHNOLOGY-U08
JOSEPHS-U09
CHARLOTTE-U09
JOSEPHSC-U10
5/12/2011-U011
COMMUNICATIONS-U012
IN-U012
THE-U012
AMOUNT-U012
OF-U012
$385,410-U012
THE-U012
CONTRACT-U012
PERIOD-U012
COMMENCING-U012
THE-U012
SIGNING-U012
OF-U012
THE-U012
AGREEMENT-U012
THROUGH-U012
SEPTEMBER-U012
13,-U012
2013-U012
THE-U012
PROVISION-U012
OF-U012
YEARLY-U012
MAINTENANCE-U012
SERVICES-U012
TECHNICAL-U012
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OF-U012
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