4755-06.doc

REQUEST FOR PROPOSAL

Telephone System Maintenance andAdministration RFP and Response Forms

RFP Number 4755-06

Submittal Due:Date: May 15, 2006

Time: 2:00 PM

Boulder County Purchasing Office

Boulder County PurchasingJenny Olberding

Purchasing Agent

Issued: April 7, 2006

2020 13th StreetBoulder, CO 80302 P.O. Box 471Phone (303) 441-3525 Boulder, CO 80306

TABLE OF CONTENTS1.0 GENERAL INFORMATION...................................................................................1

1.1 INTRODUCTION.............................................................................................11.2 DATES..........................................................................................................21.3 INTERPRETATION OF THESE SPECIFICATIONS.................................................31.4 FORM AND SUBMITTAL OF PROPOSAL............................................................31.5 ACCEPTANCE AND REJECTION OF PROPOSALS...............................................41.6 FORM OF MAINTENANCE OR ADMINISTRATIVE AGREEMENT.............................51.7 BOND REQUIREMENTS..................................................................................61.8 DEFINITIONS.................................................................................................6

2.0 MAINTENANCE REQUIREMENTS......................................................................7

2.1 GENERAL TERMS..........................................................................................72.2 PRICE OF MAINTENANCE AGREEMENT.........................................................192.3 SUPPLEMENTAL WORK, MOVES, ADDITIONS AND CHANGES.........................232.4 RENEWAL AND PRICE CHANGES FOR MAINTENANCE AGREEMENT.................252.5 PARTS AND EQUIPMENT PRICE LIST............................................................26

3.0 GENERAL ADMINISTRATIVE POSITION REQUIREMENTS...........................29

3.1 GENERAL...................................................................................................293.2 ON-SITE ADMINISTRATIVE OPTION...............................................................293.3 CONTRACT ADMINISTRATION POSITION OPTION PRICING..............................303.4 ADMINISTRATION POSITION CONTRACT RENEWAL........................................333.5 RENEWAL AGREEMENT...............................................................................333.6 CONTINUATION OF ADMINISTRATION POSITION AGREEMENT.........................33

4.0 VENDOR CHECKLIST, AUTHORIZED SIGNATURES, AND CONTACT INFORMATION...................................................................................................34

5.0 SYSTEM DESCRIPTION....................................................................................36

5.1 EQUIPMENT TO BE COVERED......................................................................365.2 SUMMARY OF EQUIPMENT, OPERATION AND CONTRACTOR RESPONSIBILITY..365.3 DID AND NON-DID NUMBER ASSIGNMENTS (303 UNLESS NOTED)................395.4 NUMBERING PLAN BY THOUSANDS GROUPS................................................39

APPENDIX 1 – DRAWINGS AND SPREADSHEETS...................................................40

Appendix 2 – Specimen Maintenance or Administration Agreement.............................41

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1.0 General Information

1.1 Introduction

1.1.1 PLEASE NOTE: Do not re-type this document (see Section 1.4). An electronic copy of this document is available at http://www.co.boulder.co.us/rfp/index.htm to assist vendors in responding to this RFP. If a vendor alters the specifications or terms of this document in any way, any proposal submitted by that vendor will not be considered and any resulting contract will become void. A checklist found in Section 4 must be completed.

1.1.2 Boulder County is requesting proposals for two separate contract positions in their telecommunications department. One position is a technician level position to provide maintenance and service for its voice telecommunications system as described in this RFP. For this position vendors are required to submit proposals for both an onsite contract technician and various hourly rate options as described in this RFP. See Section 2. The second position, should the County require it, is for an administrative person qualified to program MAC’s, assist in administering the trouble reporting system, and to coordinate end user requirements for the Nortel equipment. See Section 3. For this position vendors are also required to submit proposals for both an onsite contract administrative person and various hourly rate options as described in this RFP.

1.1.3 The Boulder County telecommunications system consists of a central Northern Telecom Meridian 1 Option 81C telephone system at the Justice Center, ten Nortel Option 11’s, one Key System, Nortel Mini-Remotes, and a large number of OPX circuits. Connectivity throughout the city and county is accomplished using customer owned microwave, lease circuits, and copper outside plant cabling.

1.1.4 In the past the Boulder telecommunications system has served the county, city, and courts. The County portion of the system has been converted to a VoIP telephone system. The maintenance contract resulting from this RFP will not include any part of the VoIP telephone system. The total number of users for the city and courts that are on the Northern systems and that will be covered under this maintenance agreement is approximately 1934, not counting trunks.

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http://www.co.boulder.co.us/rfp/index.htm

1.2 Dates

1.2.1 Dates for vendor responses below are mandatory.

1.2.1.1 Date that these Specifications will be available to vendors.

April 7, 2006

1.2.1.2 There will be no mandatory vendor meeting required for vendors to respond to this RFP. If a vendor feels a site visit to the main PBX switch room is required, a request must be submitted during the question timeframe stated in this section and must be sent as a separate item. Questions regarding this RFP will be accepted on or before 11:00 AM on the date shown. Questions may be faxed to (303) 441-4524, attn: Jenny Olberding, e-mailed to [email protected] and [email protected] or mailed to: Boulder County Purchasing Department, P.O. Box 471, Boulder, CO 80306, Attn: Jenny Olberding.

April 18, 2006

1.2.1.3 Answers to questions regarding this RFP will be e-mailed, faxed, or mailed to all vendors on or before the date shown at the right.

May 2, 2006

1.2.1.4 Responses due no later than 2:00 pm local time (see Section 1.4.12 and 1.4.13 for addresses).

May 15, 2006

1.2.1.5 Date through which proposed price must be valid.

December 31, 2006

1.2.1.6 Expected date that Maintenance Agreement with successful Vendor will be signed.

June 15, 2006

1.2.1.7 Expected commencement of maintenance agreement per this document.

July 1, 2006

1.2.2 Americans with Disabilities Act.

1.2.2.1 If you need special services provided for under the Americans with Disabilities Act, contact Peggy Jackson, ADA Coordinator, or the

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mailto:[email protected]

mailto:[email protected]

Human Resources office at 303-441-3508 at least 48 hours before the scheduled event.

1.3 Interpretation of These Specifications

1.3.1 Should there be discrepancies in, or omissions from the Specifications, or should there be doubts as to their meaning, vendors are encouraged to request a site visit or submit questions as outlined in sections 1.2.1.2. There will be no other opportunity for submitting questions. If deemed necessary by Boulder County, a written addendum will be mailed or delivered to each person who has received a copy of this RFP. Boulder County will not be bound by or responsible for any explanations or interpretations other than those given in writing as set forth in Section 1 of the Specifications.

1.4 Form and Submittal of Proposal

1.4.1 This document, itself, is the medium for submittal of all proposals.

1.4.2 All responses to these Specifications shall be submitted on this form in the spaces provided and on supplemental sheets as necessary: Do not transcribe or re-type material from this document onto new sheets.

1.4.3 If vendor alters the specifications or terms of this document in any way, any proposal submitted will not be considered and any resulting contract will become void. Vendors must complete all requirements fully and fill in all blanks necessary to a completion of the contract documents.

1.4.4 Certain sections of this document contain blanks, which must be completed and filled in by the vendor. Where supplementary sheets are required, vendor must insert them immediately following the pages where they are called for and must number them appropriately to show their position in the document.

1.4.5 Proposals should be submitted initially on the most favorable terms. There will be no subsequent opportunity for Vendor’s to state best and final prices. Statements in the proposal as to equipment furnished, work done, and prices shall be binding for use in the final Maintenance Agreement.

1.4.6 The vendor may, where it desires to propose alternatives to meet these Specifications, submit more than one proposal, each prepared and submitted in accordance with the requirements for the form of the RFP as stated herein.

1.4.7 Proposals must be signed by a responsible officer of the proposing company after attesting to information submitted (see Section 4).

1.4.8 Proposals must be submitted in triplicate.

1.4.9 Proposals NEED NOT be accompanied by a bond.

1.4.10 Proposals must be delivered to, or mailed, so as to arrive at the Boulder County Purchasing Division, attention Ms. Jenny Olberding, no later than the time and date stated in Section 1.2.1.4 of these Specifications.

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Vendor should assure itself that its proposal is time and date stamped by a County employee prior to time and date of proposal opening.

1.4.11 NOTE: Proposals must be sealed and clearly marked “Proposal Document Enclosed” with the words “Telephone System Maintenance” or the RFP number.

1.4.12 If mailed via regular first class U.S. mail, use the following address:

Boulder County Purchasing DivisionP.O. Box 471Boulder, CO 80306Attn: Jenny Olberding(Allow at least seven (7) business days for delivery.)

1.4.13 If hand-delivered, sent by express mail, or courier, use the following address:

Boulder County Purchasing Division2020 Thirteenth Street, First FloorBoulder, CO 80302Attn: Jenny Olberding

1.4.14 A proposal opening will be held at the Boulder County Purchasing Division (address in Section 1.4.13, above) at the time stated in Section 1.2.1.4.

1.4.15 All RFPs received on or before the scheduled time will be opened by the Purchasing Agent. RFPs are not generally opened to the public. The name of the firm is the only public information that will be mentioned during the opening of the RFP, all further information contained in the proposal shall not be disclosed until an award is made by the BOCC

1.5 Acceptance and Rejection of Proposals

1.5.1 Boulder County reserves the right to reject any and all proposals and to accept the proposal most advantageous to Boulder County.

1.5.2 The criteria for acceptance and rejection of proposal shall be, but not limited to, the ability for Vendors to meet the terms and conditions set forth herein and price; evaluation of proposals will be performed by telecommunications staff and consultant.

1.5.3 The selection of Contractor for work per an agreement based on these Specifications shall be in accordance with the laws of Colorado which read substantially as follows:

1.5.4 “Preference is hereby given to Colorado labor and to supplies, materials, and provisions produced, manufactured or grown in Colorado, quality being equal to articles offered by competitors outside of the State.” (Title 8-18-101 to 103 et seq. CRS, as amended).

1.5.5 Boulder County reserves the right to waive minor defects or technicalities regarding proposals, as it may deem best for its interests.

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1.5.6 The inability of a Vendor to meet every requirement stated herein does not, in itself, disqualify the proposal. All proposals will be evaluated in the best overall interests of Boulder County.

1.5.7 All proposals and associated documents received by Boulder County become property of the County. Proposals submitted in response to this RFP and any resulting contract are subject to the provisions of the Colorado Public (Open) Records Act, 24-72-201 et.seq., C.R.S., as amended. Any restrictions on the use or inspection of material contained within the proposal and any resulting contract shall be clearly stated in the proposal itself. Confidential/proprietary information must be readily identified, marked and separated/packaged from the rest of the proposal. Co-mingling of confidential/proprietary and other information is NOT acceptable. Neither a proposal, in its entirety, nor proposal price information will be considered confidential/proprietary. Any information that will be included in any resulting contract cannot be considered confidential.

1.5.8 Successful Vendors shall be required to execute contracts and furnish insurance certificates within the time period indicated in Section 1.2.1.6 of these Specifications. Failure to do so shall be just cause for annulling of the award, and in that event, the award may then be made to another Vendor or Boulder County may call for other proposals.

1.6 Form of Maintenance or Administrative Agreement

1.6.1 Contracts per these Specifications shall consist of all of the following parts, together with all authorized modifications thereof.

1.6.1.1 These Specifications with Proposal Response Forms completed and signed by the Vendor receiving award of the Maintenance or Administrative Agreement, including all pages and documents, which are part of the RFP Response Forms.

1.6.1.2 Maintenance or Administrative Agreement.

1.6.1.3 Contractor’s Insurance certificate(s) (see Section 2.1.19.1).

1.6.2 No less than all of the parts of the Maintenance or Administrative Agreement listed above shall constitute the formal Maintenance or Administrative Agreement. Appendices to these Specifications include a specimen form for either Agreement, and the final document shall be drawn in accordance with terms as given in the specimen.

1.6.3 In resolving any inconsistencies among two or more parts or Sections compromising the Maintenance or Administrative Agreement, precedence shall be given in the following order:

1) Maintenance or Administrative Agreement.

2) Original RFP Document.

3) RFP document response.

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For each of the above documents precedence will be given to its major sections in the order they appear.

1.7 Bond Requirements

1.7.1 No Bond or security is required.

1.7.2 See Section 2.1.19.1 for Contractor insurance requirements.

1.8 Definitions

1.8.1 Whenever the word “Contractor” is used in these Specifications, it shall be understood to mean a vendor-receiving award of a Maintenance or Administrative Agreement per these Specifications.

1.8.2 “Owner” shall mean the County of Boulder, a body corporate and politic.

1.8.3 Through this document the words bid and proposal are used interchangeably, both refer to a vendors response to this document.

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2.0 Maintenance Requirements

2.1 General Terms

2.1.1 General

2.1.1.1 Contractor shall repair all defects or malfunctions and replace all parts of the Boulder County/City/Courts telephone system and associated equipment as described in Section 5 and Appendix 1 at no cost to Boulder County during the term of an Agreement per these Specifications in order to maintain said telephone system in good operating condition. Any replacement parts used must be of equal or newer version number unless specifically approved from Boulder County. Maintenance work shall meet or exceed the response and performance requirements stated herein. Vendors will include pricing in their proposals for two maintenance options that address the following maintenance service arrangements:

1.) One 20-hour per week half time on site dedicated technician.

2.) No dedicated on site technician – on call service.

2.1.1.2 All options will include 24X7 service.

2.1.2 On-Site Technician Option

2.1.2.1 In the event that the on site technician option is selected, the technician will be designated in advance and approved by Boulder County. The schedule for the half time technician, if that option were selected, would be negotiable. Possible schedules could include four hours a day and five days each week or two full days and one half day each week. Once schedules are determined, they will be in effect for the term of the current agreement unless changed and agreed to in writing by both parties to the agreement. In the event a dedicated technician option is selected, the technician assigned shall be on Boulder County/City/Courts premises during the agreed upon time, or traveling related to work for Boulder County, devoted to maintenance and service functions designated by Boulder County, and not performing functions related to any other of Contractor’s customers, for the duration of the Maintenance Agreement per these Specifications.

2.1.2.2 The dedicated on-site technician assigned to Boulder County shall not be on call for service to any other of Contractor’s customers during the agreed to on site schedule, except on occasions mutually agreed to in advance by Contractor and Boulder County.

2.1.2.3 When repair of Major Failures, as defined in Section 2.1.12.3, is required during evenings, nights, weekends, holidays, or during normal business hours when the dedicated technician is absent do to illness, training, compensatory time off, vacation, or

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employee meetings called by Contractor, or other meetings on its premises, or when the dedicated on-site technician is already occupied responding to other emergency service needs, or in the event the option is selected with no dedicated on site technician, contractor shall provide qualified technicians as necessary to meet maintenance standards as defined herein.

2.1.2.4 The method of dispatching dedicated on-site technicians shall be designed and controlled by Boulder County, after the initial consultation with the Contractor, along the lines of Boulder County’s current method. Boulder County desires, during normal working hours, directly to dispatch the on-site technicians to repairs, moves, additions, and changes as it sees fit.

2.1.2.5 In the event a dedicated on-site technician option is selected, the on-site technician is expected to have some of his/her time available to do moves, additions, and changes at Boulder County’s direction, without any additional labor cost to Boulder County (see Section 2.3 regarding moves, additions, and changes). Maintenance work shall normally take precedence over moves, additions, and changes.

2.1.2.6 The vendor must provide cost for the half time technician using the table provided for that purpose in Section 2.2.4.1.

2.1.3 No On-Site Technician Maintenance Option – On Call Service

2.1.3.1 When responding to the option that does not include an On-Site technician, vendors are required to provide pricing for maintenance that addresses the following:

2.1.3.1.1 Straight time and materials rather than a technician on site.

2.1.3.1.2 Advance purchase of blocks of maintenance hours.

2.1.3.1.3 Advance purchase of blocks of maintenance hours based on skill level. For example there may be a different cost associated with a technician capable of MAC’s as opposed to a technician able to work on more complex PBX call routing, troubleshooting, and analysis.

2.1.3.1.4 Advance purchase of blocks of hours that can be used by Boulder County’s present in house employees for telephone based troubleshooting and programming assistance

2.1.3.2 When responding to the option that does not include an On-Site technician, vendors are required to provide pricing for maintenance as outlined in the pricing table located in Section 2.2.4.2.

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2.1.4 Term of the Maintenance Agreement

2.1.4.1 The initial term of the Maintenance Agreement shall be 6 Months for the year 2006 July 1, 2006 – December 31, 2006, commencing as stated in Section 1.2.1.7, and renewable in one year, six month, or 3 month increments.

2.1.5 Manufacturer’s Specifications

2.1.5.1 The Contractor shall do all maintenance work for the equipment and its various components in accordance with that equipment’s manufacturer specifications and practices.

2.1.6 Manufacturer’s Support for Products and Systems Covered Herein

2.1.6.1 Vendor must provide with its proposal, letters or copies of policy statements from the manufacturer’s of all common equipment covered herein naming Vendor as an authorized maintenance provider for their equipment, stating that Vendor is entitled to immediate and direct access to manufacturer technical assistance centers and support personnel, and stating their policy regarding continuation of maintenance and service in the event of Vendor’s inability to provide same.

2.1.6.2 Vendor must state below its escalation procedure, through its own organization and that of Nortel, to effect resolution of problems affecting Boulder County’s system that persist despite Contractor’s best efforts.

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________2.1.7 Location of Contractor’s Facilities

2.1.7.1 Contractor must have local facilities, where local is defined as within 120 miles of Boulder, Colorado. These facilities shall house spare parts, vehicles, technicians, customer service, and supervisory personnel.

2.1.8 Contractor’s Personnel

2.1.8.1 All installations and maintenance work shall be performed by competent, qualified service personnel. “Qualified service personnel” shall mean experienced technicians having completed the factory training school of the manufacturer of the equipment covered herein. In the case of Nortel equipment, technicians must be certified by Nortel. “Qualified service personnel” will also have had a minimum of 5 years on-the-job experience in servicing that equipment prior to the commencement of any work covered herein, and equipped with all tools, equipment and spare parts

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reasonably expected to be required to diagnose and perform required repairs. All installation and maintenance work shall be performed under the direct supervision of a capable and competent supervisor.

2.1.8.2 Prior to subcontracting any work, Contractor shall submit subcontractors’ names to Boulder County for approval, which approval will not be unreasonably withheld. However, the dedicated technicians shall not be sub-contracted but must be an employee of the Contractor.

2.1.8.3 The dedicated on-site technician shall be trained on all equipment covered in advance of commencement (as defined in Section 1.2.1.7) of the maintenance work; he/she shall be certified by Nortel to work on equipment as installed at Boulder County

2.1.8.4 If the dedicated on-site technician option is selected, the on-site technician shall, through on-site visits and study of existing documentation prior to commencement of work under a Maintenance Agreement per these Specifications, be fully familiar with Boulder County’s telephone system, serving Boulder County, the City of Boulder, and the Twentieth Judicial District as described in Section 5 and Appendix 1, including without limitation the various buildings and their locations, the offices, distribution frames, and house cable, plus buried cable, system programming and customer data base configurations for all equipment, Qwest facilities and demarcation points, dialing plan, trunk groups and their purposes, trunk routes and network arrangements as implemented for Boulder County.

2.1.8.5 Boulder County shall be permitted to nominate and review finalists for the dedicated on-site technicians assigned to it by Contractor and Contractor’s final selection must be approved by Boulder County, which approval shall not be unreasonably withheld. Boulder County reserves the right to test selected technicians on familiarity with Boulder County’s system after that technician has studied it, as described in Section 2.1.8.4 and to reject the selected technician and call for a new selection should the technician be unable to pass such test satisfactorily.

2.1.8.6 Should a dedicated on-site technician assigned to Boulder County be replaced during the term of a Maintenance Agreement per these Specifications or renewal term thereof, the replacement technician shall have equal or better qualifications at the time he/she starts work and familiarity with Boulder County’s system as described in Section 2.1.8.4 within 60 days of starting work. Furthermore, Boulder County shall be permitted to nominate and review finalists for the replacement technician as described in Section 2.1.8.5.

2.1.8.7 Contractor shall assign a Customer Service Representative knowledgeable about Nortel equipment who will support Boulder

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County to discuss, consult on, accept, and schedule move, addition and change orders, follow up and answer questions as necessary. While not dedicated to Boulder County, this Customer Service Representative shall give his/her time to Boulder County on a priority basis at no additional cost to Boulder.

2.1.8.8 On separate sheets, Vendor must submit resumes of principal personnel to be assigned to positions for this project, including dedicated technicians, backup technicians, customer service person, and supervisor. If actual assignment of such personnel to this project is unknown at the time of proposal, Vendor must submit resumes of all those individuals currently known who might be so assigned.

2.1.8.9 The Boulder County Sheriff’s Department and the Boulder Police Department reserve the right to require a background check of all Contractor’s personnel who will work in, or have access to plans, drawings, or blueprints for the justice center and the public safety buildings, and to refuse access to any individual based on the results.

2.1.9 Contractor Equipment

2.1.9.1 Contractor shall provide technicians with all test equipment, remote access terminal and printer, and tools necessary to service equipment as described herein.

2.1.9.2 Contractor shall provide any technicians working on-site with a vehicle, fully licensed, insured and in good condition, suitable for transporting him/herself, all necessary parts, tools, ladders, and equipment.

2.1.10 Vendors History of Support for System Covered

2.1.10.1 Contractor or contractor personnel must have 5 years of system installation and maintenance experience for systems and equipment of the type used in Boulder County’s system (described in Appendix 1) or 10 systems installed of similar size and scope to each major component covered per these Specifications.

2.1.10.2 The Vendor is requested to state the number of systems of the type(s) covered it has installed and is currently servicing within a 100 mile radius of Boulder, Colorado:

2.1.10.3 ____ Meridian PBX systems ____ Other PBX systems

2.1.10.4 State the number of service technicians experienced in servicing the types of systems covered herein currently employed by you and permanently located within 50 miles of Boulder, Colorado:

____ Meridian PBX technicians ____ Other PBX technicians

2.1.11 Contractor Spare Parts Inventory and Access

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2.1.11.1 All parts supplied by Contractor shall be new or shall be refurbished parts supplied by firms approved in advance by Boulder County.

2.1.11.2 Contractor shall stock, at its Denver area office(s), on Boulder County premises, and/or in the truck of the technician assigned to Boulder County, all spare parts recommended by the manufacturers of all the equipment referred to in Appendix 1, along with any additional parts necessary to maintain all systems and equipment covered herein.

2.1.11.3 Contractor’s service personnel shall have access within a distance reachable from the premises by car within 2 hour round trip to all spare parts in stock.

2.1.11.4 Stock levels shall be maintained so that frequently needed parts are always available locally and those parts not frequently needed are available to reach Boulder County by 12-hour counter-to-counter air shipment to Denver’s main airport.

2.1.11.5 Boulder County shall have the right to inspect Contractor’s inventory at any time during normal business hours to verify stock levels.

2.1.11.6 Whenever Contractor uses the last spare part of a particular type critical to Boulder County’s system operation, Contractor shall immediately inform Boulder County and immediately proceed to restock item. Except for reasons of Force Majeure, in no case shall a part needed to remedy a Major Failure in the Boulder County system, as defined in Section 2.1.12.3, take longer to reach Boulder County than 12 hours from the time its need is discovered.

2.1.11.7 For those parts of the Boulder County system covered herein but not normally serviced by Contractor, Contractor shall retain back-up, on-call service agreements with service organizations fully trained in such equipment, this shall include, without limitation, buried cable, and battery systems.

2.1.11.8 Vendor must list on separate sheets, showing location of storage, the complete inventory of spare parts as required per Section 2.1.11.2. Exact quantities of spare parts will be defined by manufacturers’ recommendations.

2.1.12 Maintenance Standards and Response

2.1.12.1 For routine repair and replacement service the dedicated on-site or assigned technician or his/her replacement as described herein shall respond by remote terminal or be at the particular building where the problem exists within 24 hours of Boulder County’s request, except when Boulder County’s request is made on, or on a day preceding, a holiday of Contractor’s, or a weekend. When Boulder County’s request is made on, or on a day preceding, a

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holiday of Contractor’s or a weekend, response shall be on Contractor’s next normal work day.

2.1.12.2 Routine repair and replacement services shall be performed by Contractor between 8:00 am and 5:00 pm, Monday through Friday, except Contractor holidays which are as follows:

____________________ ______________________

____________________ ______________________

____________________ ______________________

____________________ ______________________

2.1.12.3 For repair of Major Failures the dedicated on-site technicians or his/her replacement as described herein shall respond by remote terminal or be on the premises where the repair problem exists in order to effect the proper repairs within 2 hours after receiving oral or written notification of the problem, 24 hours per day, 365 days per year. In the event a non-dedicated technician option is selected, a technician dispatched by the selected vendor must meet these requirements. Major failures shall include any trunk or trunks in an incoming or outgoing trunk group that causes the trunk group to be completely out of service, 6% or more of the telephones connected to any switching vehicle or RPE out of service, full or partial console failure, T1 bandwidth or greater circuit failures, Voice Messaging system failing to give any announcements to callers, failing to record any messages, or failing to allow retrieval of any messages. A circuit failure that allows a bit error rate exceeding 1 in 10E-6, a change in bit error rate of 10 or more percent from normal, or a major system alarm in any system or equipment. In addition, main department numbers, critical phones, and emergency numbers or data lines switched through Nortel equipment, any one of which when out of service shall be deemed to constitute a Major Failure.

2.1.12.4 In the event that repair of a Major Failure is not completed by the end of a normal work day, Contractor shall continue the repair effort up to 24 hours per day continuously, so long as progress is being made, until repair is completed. If contractor’s technician works overtime to do the repair work in fulfillment of the requirements of an agreement per these Specifications or a renewal thereof, there is no additional charge to Boulder County for the on-site technicians time.

2.1.12.5 Repair shall be performed on the premises or via remote terminal. Customer shall not be required to send or transport parts or equipment which are part of Boulder County’s system to other locations and such parts shall not be removed from the premises by Contractor for repair which removal would cause any additional interruption or degradation of telephone service, without written permission in advance from Boulder County.

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2.1.12.6 Vendor is requested to state below the amount of liquidated damages it will pay Boulder County per day for each calendar day or portion thereof that a Major Failure is not repaired within 6 hours after receiving oral or written notification of the problem.

__________________________________________________

__________________________________________________

2.1.13 Loading of Software Upgrades

2.1.13.1 Whenever any software upgrades or vendor-supplied data files are to be loaded into Boulder County equipment, prior to final loading Contractor shall thoroughly examine and test all affected software, reporting results to Boulder County as to its operational correctness for Boulder County’s system.

2.1.14 Wiring, Connector, and Frame Requirements

2.1.14.1 This section covers internal wiring, connector, and distribution frame requirements whenever these are added to or replaced as part of maintenance, moves, addition or changes covered by an agreement per these Specifications.

2.1.14.2 All station wiring shall be concealed except that short runs of exposed wiring are permissible where absolutely necessary with prior approval from Boulder County.

2.1.14.3 Each station cable shall consist of 4-pair cable terminated at the instrument end in an 8-position modular jack. Specific modular jack manufacturer, jack configuration, and color must conform to similar Boulder installations.

2.1.14.4 Cables shall be fully labeled at all terminations and cross connections.

2.1.14.5 The cable to be used, including riser and feeder cable, shall be plenum rated, Category 5e, 24 AWG copper twisted pair for all voice applications (unless otherwise specified). All Category 5e voice cables and voice cable installations must conform to and meet test specifications as described in TIA/EIA 568A for Category 5e cabling.

2.1.14.6 All riser and feeder cabling shall be provided with a minimum of 30 percent spare pairs.

2.1.14.7 All cabling installed as part of the work per these Specifications shall be carefully laid with sufficient radius of curvature and protected at corners, bends, entrance to and exit from pipe, duct, or raceway to insure against damage from handling or vibration.

2.1.14.8 Contractor shall provide any distribution frames needed over and above those already installed on site. Contractor shall locate

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panels in a manner to achieve the best compromise between easy access and economical use of space.

2.1.14.9 The terminations on all distribution panels shall be fully labeled, pair by pair, as to function and/or station location.

2.1.15 Traffic Studies

2.1.15.1 Traffic studies shall be performed by Contractor as part of the maintenance service a minimum of 1 time per year, at times mutually agreed upon for each Meridian 1 PBX and the central Meridian Mail System and shall consist of complete analyses of all traffic data available from the Meridian 1 and Meridian Mail equipment, interpreted in plain English. The format and method of analysis shall be submitted in advance of the first such study for approval from Boulder County.

2.1.15.2 Traffic data for each study shall be collected for a Monday through Friday period and shall include:

2.1.15.3 Failures to match, versus industry standard.

2.1.15.4 All of the following should be expressed in terms of maximum capacity possible with the system as currently configured:

2.1.15.5 Total system traffic, broken down by incoming, outgoing, internal, tandem: Network loops, peaks, variance, load balance; DTMF receivers (DTR), usage, dial tone delays greater than 3 seconds and greater than 10 seconds; Conference loops; Tone and digit switch (TDS). Additional information for the Meridian Mail will include actual port utilization expressed as a percentage of total capacity along with specific information about any blocked access to the mail system during peak use.

2.1.15.6 Presentation of data for trunks, consoles and queues shall be summarized in tabular form.

2.1.15.7 Narrative shall explain what the measurements mean, recommended changes, and the rationale for each recommended change.

2.1.16 System Documentation

2.1.16.1 Contractor shall annotate and update existing on site cable records and system documentation in the course of providing maintenance, additions, moves and changes per these Specifications, including documentation on hardware, software configurations, and cable distribution. Such documentation is not to be removed from Boulder County premises without written permission from Boulder County.

2.1.17 Maintenance Agreement Billing Procedures

2.1.17.1 Contractor will be required to bill Boulder County for maintenance in advance every 3 Months. Each 3 Month billing shall be equal to

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one forth of the total one year amount. Contractor shall not invoice Boulder County for a 3 Month period before the first day of the first month of the 3 Month period for which the invoice applies.

2.1.17.2 Invoices from Contractor to Boulder County for moves, additions or changes, accurately and clearly prepared, shall be received by Boulder County within 60 days from completion of the work covered. Boulder County shall be required to pay only 75% of any invoices received after 60 days from completion of the work covered; Boulder County shall not be required to pay any amount on invoices received after 120 days from completion of the work covered or after January 10 of the following year, whichever is the first to occur.

2.1.17.3 All invoices for work on additions, moves and changes from Contractor to Boulder County shall reflect actual hours worked. Boulder County will not be required to pay a minimum billing fee, administrative, order writing or dispatch charge.

2.1.18 Safety

2.1.18.1 The Contractor shall comply with all applicable statutory safety requirements during all work covered herein.

2.1.19 Insurance

2.1.19.1 Vendor insurance requirements for any work performed as a result of this RFP are contained in the Boulder County contract that is provided as Appendix 2 of this document.

2.1.20 Coordination with the Telephone Utility and Other Carriers

2.1.20.1 Contractor is not responsible for maintaining Qwest Communications or any other telecommunications carrier facilities. However, Contractor is responsible for responding to Boulder County’s requests and complaints about Qwest or other service providers facilities as they relate to systems covered herein, diagnosing and isolating problems and using every means at its disposal to cause telecommunications carrier to take appropriate and timely action, including vigorous and repeated follow-up when needed for the fastest and most effective provision of service and resolution of problems.

2.1.20.2 Contractor shall negotiate and coordinate the maintenance, as necessary, of the system and equipment covered herein with Qwest Communications, and any other telecommunications carriers as needed, in order to provide or repair any supporting lines and circuits, any necessary interconnection equipment and any other service or equipment provided by the telephone company and/or carriers for the system covered herein.

2.1.20.3 Contractor shall also take responsibility to correct any problems or disputes with Qwest Communications or other carriers regarding the interconnection of the systems and equipment with Qwest

16

Communications or other carriers and to correct any malfunctions of the systems and equipment due to said interconnection during maintenance periods as described herein.

2.1.20.4 Boulder County will sign a letter, which assigns Contractor as its agent with Qwest Communications, and any other carriers as may be required by Contractor of all parts of the systems and equipment being maintained as covered herein.

2.1.20.5 In the event that any carrier or utility charges service or repair fees to Boulder County because Contractor fails to isolate problems accurately and properly coordinate repair efforts, what is your policy regarding reimbursement to Boulder County for the full amount of such fees?

____________________________________________________

____________________________________________________

____________________________________________________

2.1.21 Accidental Damage or Misuse

2.1.21.1 Should malfunctions or failures occur due to alteration or repair by some party other than Contractor, without Contractor’s written consent, or from mishandling, abuse, misuse or improper storage, installation, or maintenance by other than Contractor or its assignees or subcontractors, or use in conjunction with equipment violating provisions herein entitled Attachment of Other Devices (Section 2.1.22), or if the systems or equipment are damaged by vandalism, fire, explosion or any act of God, Contractor shall perform maintenance and service as described in these Specifications but at the expense of Boulder County, according to rates no higher than the lowest rates charged by Contractor to any of its Denver-area customers for similar repair, replacement and maintenance.

2.1.22 Attachment of Other Devices

2.1.22.1 Boulder County may attach any device to the systems or equipment, per the instructions for attachment supplied by the manufacturer of the device, which has been registered or accepted according to the Rules of the Federal Communications Commission, or which is approved in advance for attachment by the Contractor. Devices so attached are, themselves, not the Contractor’s maintenance responsibility but such attachment shall not change Contractor’s responsibilities with regards to the system covered herein, except as determined by Section 2.3.1.3.

2.1.23 Correction of Defective or Unacceptable Work

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2.1.23.1 At anytime during the term of a Maintenance Agreement per these Specifications, Contractor shall receive from Boulder County or its representative a detailed listing of all defective or unacceptable work to be corrected to meet the requirements of these Specifications.

2.1.23.2 The Contractor shall make available, given reasonable advance notice, a manufacturer’s technical representative to correct system problems on site if deemed necessary by Boulder County.

2.1.23.3 Except as set forth in Section 2.1.12.3 for Major Failures, the corrective work shall be undertaken within 7 days after notification by Boulder County. All items mentioned as unsatisfactory on a listing shall be corrected within 21 days after notification by Boulder County.

2.1.23.4 If the Contractor should be adjudged bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed to take over its affairs, or if it should fail to prosecute its work with due diligence and carry the work forward in accordance with its work schedule and the time limits set forth in a Maintenance Agreement per these Specifications, or if it persistently or repeatedly refuses or fails, except in cases for which extension of time provided, to supply enough properly skilled workmen or proper materials, or if it fails to make proper payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or if it should fail to subsequently perform one or more of the provisions of a Maintenance Agreement per these Specifications, Boulder County shall give written notice to the Contractor, stating its intention to exercise the remedies hereinafter set forth and the ground upon which Boulder County bases its right to exercise such remedy. In such event, unless the matter complained of is satisfactorily resolved within 7 days after the date of such notice, Boulder County may, without prejudice to any other right or remedy, exercise either or both of the following remedies:

2.1.23.4.1 Boulder County may take control of work per these Specifications and either make good the deficiencies of the Contractor or direct the activities of the Contractor in doing so, employing such additional help as Boulder County deems advisable. In such event Boulder County shall be entitled to collect from the Contractor, or to deduct from any payment then or thereafter due the Contractor, the cost incurred in having such deficiencies made good and any damages or expenses incurred through the default of the Contractor.

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2.1.23.4.2 If the matter complained of is not satisfactorily resolved within the 7 days set forth above, Boulder County may declare the Contractor in default by giving written notice to the Contractor to this effect and terminate the Contractor’s services pursuant to this Maintenance Agreement whereupon Boulder County may take over work per these Specifications, take possession of and use all materials, tools, equipment and appliances on the premises and prosecute the work to completion by such means as it shall deem best. In the event of such termination of its service, the Contractor shall not be entitled to any further payment under the Maintenance Agreement until work is completed and accepted. If Boulder County takes over the work and if the unpaid balance of the Maintenance Agreement price exceeds the cost of completing the work over the term of the Maintenance Agreement per these Specifications, including compensation for any damages or expenses incurred by Boulder County through the default of the Contractor, the excess amount shall be paid to the Contractor. If, however, the cost, expenses and damages exceed such unpaid balance of the Maintenance Agreement price, the Contractor shall pay the difference to Boulder County.

2.1.23.5 The Contractor awarded a Maintenance Agreement per these Specifications shall warrant for 1 year from the date of installation of any new parts or equipment that these parts or equipment shall be free of all defects of material and workmanship and will conform to the system specifications as set forth herein and Contractor shall repair all defects or malfunctions and replace all parts or equipment at no cost to Boulder County during the said period of time in order to maintain the system in good operating condition.

2.2 Price of Maintenance Agreement

2.2.1 Vendor Pricing

2.2.1.1 Vendors Pricing shall be for the full term of maintenance agreement as stated in Section 2.1.4.1 and all parts of the County/City/Courts system as described herein. Boulder County will not contract for maintenance on parts of the System separately.

2.2.2 Maintenance Pricing

2.2.2.1 The price provided here shall include maintenance of all County/City/Courts telecommunications systems and equipment as described herein and shall be considered Vendors lowest possible price for the maintenance service per these

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Specifications. The price of any work or material not explicitly specified but necessary to provide the complete service in accordance with these Specifications shall be considered as included in the vendors price. Prices quoted shall remain in effect for a Maintenance Agreement signed no later than the date as shown in Section 1.2.1.5.

2.2.3 Equipment Pricing

2.2.3.1 Reference is made to Appendix 1 wherein equipment is described and quantities are estimated by Boulder County for various locations, for which itemized pricing is requested on the table below. This itemization will allow maintenance charges for the County/City/Courts system to be allocated accurately among various government departments. Vendors must provide pricing for an initial 6 months and for each one year period as indicated on the table. For each part of the system below, maintenance charges must cover all of the aspects of the system as described in Section 5 and Appendix 1, including but not limited to all parts, labor, transportation and shipping to the premises, all telephone instruments, base and handset cords, house cabling, frames, blocks and connectors.

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2.2.4 Breakdown of Maintenance Prices and Total

2.2.4.1 The following table is provided to enable Vendors to provide pricing and allow Boulder County to allocate costs appropriately for the on-site technician option. The total half-time technician cost will equal the individual cost for all of the sites plus the cost for cable plant, etc.

Dedicated Technician

Contract Cost

LocationsEquipment / Tech

July 1 through Dec 31,

2006

Jan 1, 2007

through Dec 31,

2007

Jan 1, 2008

through Dec 31,

2008

Jan 1, 2009

through Dec 31,

2009

Jan 1, 2010

through Dec 31,

2010 SystemWide 1/2 Time

Technician Justice Center

Nortel Meridian (81C)

Nortel Meridian Mail

Longmont Courthouse

Nortel Meridian (Opt11)

East Boulder Community Center


Foresberg Nortel Meridian

(Opt11) 63rd St. Water


City Yards Nortel Meridian

(Opt11) 75th Water Nortel Meridian

(Opt11)

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Parking Services


Iris Nortel Meridian

(Opt11) Public Safety Nortel Meridian

(Opt11) Municipal Nortel Meridian

(Opt11) Boulder Reservoir

Nortel Norstar 8X32

South Boulder Rec. Center

Nortel Mini-Remote

Child Services

Nortel Mini-Remote

Open Space - CherryVale

Nortel Mini-Remote

Totals

2.2.4.2 The table in 2.2.4.1 above is designed to enable vendors to respond to an initial contract for six months followed by one year renewals. Boulder County is also requesting that vendors provide pricing that is based on a 3 or 6 month renewal rather than the one year renewal after the first 6 month period. Vendors can address the 3 or 6 month renewal option by providing, on the lines provided below, how the cost of renewing for 3 or 6 months would compare with renewing for the whole year. For example, would the cost to renew for six months rather than one year be half?

Six Month Renewal ____________________________________________________________________________________________________________________________________________________________

Three Month Renewal

____________________________________________________________________________________________________________________________________________________________

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2.2.4.3 The following table is to enable Vendors to provide pricing for maintenance options that do not include an onsite technician or would be used for time in addition to the onsite technician.

Hourly Rates for System Wide T/M and Pre-Paid Maintenance Hours

Locations Skill LevelStraight

Time and Materials

Block of 100 Hours

Block of 200 Hours

Block of 300 Hours

System wide MAC's

System wideOn Site System troubleshooting and analysis

Telephone SupportOff site system troubleshooting and analysis

2.3 Supplemental Work, Moves, Additions And Changes

2.3.1 Supplemental Work

2.3.1.1 It is the intention of Boulder County to use the Contractor awarded a Maintenance Agreement per these Specifications for supplemental maintenance work which the dedicated on-site technician cannot cover in a timely manner, as well as ongoing additions, moves, and changes, whenever pricing and scheduling are beneficial to Boulder County.

2.3.1.2 Per law, Boulder County requires that larger upgrade and additions to the system be offered for competitive pricing. Should moves, additions, or changes be performed other than by the Contractor, Boulder county will provide details of this action to the Contractor within 30 days following the add, move, or change, whereupon the Contractor shall become responsible either to (1) maintain the new equipment, (2) to decline to do so, or (3) offer a supplementary agreement to cover such new or changed equipment. Upon notice by Boulder County, Contractor will have 14 days to decline or offer a supplementary agreement in writing. In the absence of such written response from contractor, it is agreed that contractor shall maintain such new, added, or changed equipment under the terms and conditions herein specified.

2.3.1.3 When new, added, or changed equipment becomes the responsibility of the Contactor as outlined in 2.3.1.2, it is the Contractors’ responsibility to certify the equipment and arrange for any transfer of warranty that Nortel may require so that the Contractor can maintain the equipment per these specifications.

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2.3.2 New Equipment

2.3.2.1 Any and all new equipment installed by Contractor during the term of a Maintenance Agreement per these Specifications shall be covered by this Agreement in addition to the usual warranty on such added equipment.

2.3.3 Additions/Removals

2.3.3.1 Neither the addition of new equipment by Contractor nor the removal from service of existing equipment shall change the total price for the Maintenance Agreement during its then current term.

2.3.4 Rate Obligation

2.3.4.1 State whether you will obligate yourself to charge Boulder County for maintenance and service at rates no higher than the lowest offered to any other of your customers in the Denver metropolitan area:

_________________________________________________

_________________________________________________

2.3.5 Commitment Policy

2.3.5.1 State your policy regarding commitment to specific due dates when Boulder County requests future moves, additions, or changes to the systems:

_________________________________________________

_________________________________________________

2.3.6 Software Cost Policy

2.3.6.1 State your policy regarding costs for software and/or hardware updates by a system manufacturer to correct problems found in these systems:

_________________________________________________

_________________________________________________

2.3.7 Pricing

2.3.7.1 Vendor must use Section 2.5 to express prices for specific items of equipment provided in moves, additions and changes.

2.3.8 Hourly Technician Time

2.3.8.1 All labor charges by Contractor to Boulder County for supplementary technician time, moves, additions and changes shall be at a rate per hour for work done during normal business

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hours agreed upon in the Maintenance Agreement per these Specifications.

2.3.9 Optional Costs

2.3.9.1 Vendor must state optional costs for supplementary technician time requested by Boulder County and scheduled in blocks as needed in advance with Contractor during the term of the agreement per these Specifications, which technicians shall be of equal level of training, experience and competence as the dedicated on-site technicians and assignable by Boulder County to maintenance or moves, additions and changes as it sees fit.

2.3.9.2 State the supplemental rate for technician time as described above, the hourly rate shall be:

_______ per hour

2.3.10 Training Rates

2.3.10.1 State hourly rates for users and attendant training:

_______ per hour

2.3.11 Installation Requirements

2.3.11.1 All installation work shall be performed in a manner to minimize telephone service interruption. Such interruptions shall be made during periods of minimum business activity and occur at times mutually agreed upon by Boulder County and the Contractor.

2.4 Renewal and Price Changes for Maintenance Agreement

2.4.1 Maintenance Agreement

2.4.1.1 A Maintenance Agreement per these Specifications shall continue for the term specified in Section 2.1.4 and be renewable by execution of a renewal agreement between Boulder County and Contractor according to this Section 2.4.

2.4.2 Renewal Agreement

2.4.2.1 All terms, conditions, and standards as set out in these Specifications shall apply to all renewal agreements.

2.4.3 Continuation of Maintenance Agreement

2.4.3.1 Contractor shall provide Boulder County, 60 days prior to the end of each Maintenance Agreement period per these Specifications, its offer to continue maintenance per these Specifications.

2.4.4 Supplemental Technician Time

2.4.4.1 Contractor’s offer for continuing maintenance shall also give an hourly rate for supplemental technician time to perform adds, moves and changes of telephone equipment.

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2.4.5 Rates

2.4.5.1 These charges shall be no higher than the lowest published rates offered to Contractor’s customers in the Denver metropolitan area.

2.4.6 Obligation for Continuance

2.4.6.1 Boulder County shall incur no obligation for continuance of any maintenance agreement except pursuant to approval of Contractor’s proposed renewal changes and execution of renewal agreement as provided herein.

2.4.7 Maintenance Agreement Terms

2.4.7.1 Should Boulder County elect not to continue the Maintenance Agreement beyond its current period, any unresolved repair problems existing on the expiration date shall be resolved under the terms and conditions contained herein.

2.4.8 Renewal Agreement

2.4.8.1 Boulder County may accept such renewal agreement, by notifying Contractor in writing of its acceptance, which entitles it to maintenance service as provided for in that agreement. In the event that Boulder County notifies Contractor of acceptance pursuant hereto, said agreement shall commence at the termination of the then current Maintenance Agreement. In the event Boulder County does not notify Contractor of its acceptance of the renewal Maintenance Agreement by the end of the current term, Contractor agrees to provide maintenance and service of the systems or equipment to Boulder County on a time and materials basis to be billed at current rates for the services performed.

2.4.9 Boulder County Rights

2.4.9.1 Boulder County shall have the right to open negotiations with Contractor anytime during the term of a Maintenance Agreement or renewal thereof to extend its terms at the rates submitted herein.

2.5 Parts and Equipment Price List

2.5.1 General

2.5.1.1 This section is to be used to state parts and equipment prices offered for moves, adds, and changes during the term of a Maintenance Agreement per these Specifications.

2.5.1.2 Vendor must enter information below, as follows:

2.5.1.2.1 “Price New, Not Installed”, which shall be what Boulder County would pay any time during the term of an agreement per these Specifications for the stated item, for new equipment, without any labor expended. In all cases quote prices for the most current version

26

of card or equipment. Note items that are Manufacture Retired/Discontinued.

2.5.1.2.2 “Price Refurbished, Not Installed”, which shall be what Boulder County would pay any time during the term of an agreement per these Specifications for the stated item, for professionally refurbished and guaranteed equipment, without any labor expended. Note items that are Manufacture Retired/Discontinued. State refurbished equipment sources

________________________________________________

________________________________________________

________________________________________________

________________________________________________

2.5.2 Switching Vehicle Common Equipment

Price New,Not Installed

Price Refurbished,Not Installed

1) QPC574 Digitone receiver2) QPC414 Network3) QPC720 PRI4) QPC757 D-channel handler5) QPC430F Async interface6) QPC723 Async interface7) QPC60 4-port 2500 line8) QPC61 4-port SL-1 line9) QPC432 4-port data

10) QPC449 4-port DID trunk11) QPC450E 4-port CO trunk12) QPC452 8-port 2500 line13) QPC451 8-port SL-1 line14) QPC494 8-port Msg Wtg15) QPC789 16-port Msg Wtg16) QPC574 2-port DTMF17) QPC578c+ 8-port digital line18) QPC594 16-port 250019) QPC918 2-port hi speed data20) NTAK09 PRI/DTI Card21) NTAK20 Clock Controller Card22) NTDK22 30 Ft. Fiber Daughterboard23) NTSF2101 Option 11C – Exp. Cabinet24) NT5D12 Dual PRI Card25) NT7R52 Rem. Cxr. Interface Card26) NT8D13DC PE module27) NT8D37DC IPE module28) NT8D01 Controller

27

29) NT8D02 16-port digital in 30) NT8D03 16-port analog line31) NT8D09 16-port analog Message Waiting32) NT8D14 8-port universal trunk33) NT8D16 8-port DTMF34) CSU/DSU State make and Model

2.5.3 Station Equipment

Price New,Not Installed

Price Refurbished,Not Installed

35) 2500 or 2700 Analog Flash or tap phone, DTMF, full modular w/ 6-ft handset and base cords

36) M2006 digital phone37) M2008 basic38) M2008HF w/nodisplay39) M2008 w/ display40) M2008 HF w/ display41) M2616 basic42) M2616 w/ display43) M2216 ACD-144) M2216 ACD-245) M3901 Single line no display46) M3902 Single line w/display47) M3903 Handsfree Multiline w/display48) M8009 Analog feature phone49) M8314 Analog feature phone50) M8417 Analog feature phone51) Plantronics Mirage headset52) Walker W6-500 amplified handset53) Plantronics H41 Mirage54) Plantronics H51 Supra55) Plantronics CS10 Wireless

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3.0 General Administrative Position Requirements

3.1 General

In addition to the on-site maintenance technician, Boulder County is requesting that vendors submit proposals for an additional contract person to administer their Nortel PBX, should the need arise. Suggested options that vendors may submit include half-time on site contract administrative person, remote administrative support, a pre-paid hour’s option, or other arrangement that vendor may propose that meets the administrative requirements. The contract period for this position would be six months followed by annual contract renewals, the same as for the maintenance position.

3.1.1 The administrative duties and requirements include the following:

3.1.1.1 Administer software on Nortel PBX and Meridian Mail equipment to support telephone and voice mail upgrades and changes. Administer software requests to comply with user requests.

3.1.1.2 Interface with telephone users by telephone, in person, and email to insure their requirements are met.

3.1.1.3 Maintain the manual trouble reporting system for Nortel equipment.

3.1.1.4 Process MAC requests and schedule technician.

3.1.2 Vendors will include pricing in their proposals for each of the following three administrative options to address Boulders requirements:

1.) One 20-hour per week half time on site administrative / support person.

2.) Hourly rate for person to perform required administrative functions

3.) Remote administrative support with no on site person.3.1.3 Vendors are also encouraged to submit information and pricing for any

additional options they feel would meet Boulders requirements.

3.2 On-Site Administrative Option

3.2.1 In the event that the on site administrative option is selected, the person filling the position will be designated in advance and approved by Boulder County. The schedule for the half time administrative position, if that option were selected would be negotiable with one option being four hours a day and five days each week. Other options might include two and one half days each week. Once schedules are determined, they will be in effect for the term of the current agreement unless changed and agreed to in writing by both parties to the agreement. In the event a dedicated administrator option is selected, the administrator assigned shall be on Boulder County/City/Courts premises during the agreed upon time, or traveling related to work for Boulder County, devoted to

29

administrative tasks designated by Boulder County, and not performing functions related to any other of Contractor’s customers, for the duration of the Administrative Agreement per these Specifications.

3.2.2 The dedicated on-site Administrator assigned to Boulder County shall not be on call for service to any other of Contractor’s customers during the agreed to on site schedule, except on occasions mutually agreed to in advance by Contractor and Boulder County.

3.3 Contract Administration Position Option Pricing

3.3.1 Pricing for the various administrative options must be provided in the following tables. If vendor proposes additional options, include a separate sheet describing detailed information about the proposed option, including pricing. The first table is for the first six month period while additional tables are provided for first, second, and third full year.

Hourly Rates and Contract Pricing for Administrative Support (First six Months) July 1, 2006 through December 31, 2006

Locations

Skill Level / Position

1/2 Time on-site Administrative

person – Six Month Contract

Straight Time and

Materials

Blocks of 100 Hours

Blocks of 200 Hours

Blocks of 300 Hours

System wide

1/2 Time on-site Administrative person

System wide

Administrative Duties

Remote Telephone

SupportAdministrative Duties

Other

vendor proposals


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Hourly Rates and Contract Pricing for Administrative Support (First full Year) January 1, 2007 through December 31, 2007

Locations



person – Full Year Contract

Straight Time and

Materials

Blocks of 100 Hours

Blocks of 200 Hours

Blocks of 300 Hours

System wide


System wide


Remote Telephone


Other

vendor proposals


Hourly Rates and Contract Pricing for Administrative Support (Second Full Year) January 1, 2008 through December 31, 2008

Locations



person – One Year Contract

Straight Time and

Materials

Blocks of 100 Hours

Blocks of 200 Hours

Blocks of 300 Hours

System wide


System wide


Remote Telephone


Other

vendor proposals


31

Hourly Rates and Contract Pricing for Administrative Support (Third Full Year) January 1, 2009 through December 31, 2009

Locations




Straight Time and

Materials

Blocks of 100 Hours

Blocks of 200 Hours

Blocks of 300 Hours

System wide


System wide


Remote Telephone


Other

vendor proposals


Hourly Rates and Contract Pricing for Administrative Support (Forth Full Year) January 1, 2010 through December 31, 2010

Locations




Straight Time and

Materials

Blocks of 100 Hours

Blocks of 200 Hours

Blocks of 300 Hours

System wide


System wide


Remote Telephone


Other

vendor proposals


3.3.2 The table in 3.3.1 above is designed to enable vendors to respond to an initial contract for six months followed by one year renewals. Boulder County is also requesting that vendors provide pricing that is based on a 3 or 6 month renewal rather than the one year renewal after the first 6 month period. Vendors can address the 3 or 6 month renewal

32

option by providing, on the lines provided below, how the cost of renewing for 3 or 6 months would compare with renewing for the whole year. For example, would the cost to renew for six months rather than one year be half?

Six Month Renewal ______________________________________________________________________________________________________________________________________________________________________________

Three Month Renewal

______________________________________________________________________________________________________________________________________________________________________________

3.4 Administration Position Contract Renewal

3.4.1 An onsite Administration Position Agreement per these specifications, should the County require such services, shall continue for the initial term of 6 Months and be renewable in one year, six month or 3 month increments by execution of a renewal agreement between Boulder County and Contractor.

3.5 Renewal Agreement

3.5.1 All terms, conditions, and standards as set out in these Specifications shall apply to all renewal agreements.

3.6 Continuation of Administration Position Agreement

3.6.1 Contractor shall provide Boulder County, 60 days prior to the end of each Administration Position Agreement period per these Specifications, its offer to continue administration per these Specifications.

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4.0 Vendor Checklist, Authorized Signatures, and Contact Information

4.1 The following information must be completed and proposals must be signed by a responsible officer of the company.

4.2 Contact Information:

Name of Vendor____________________________________________

Vendor’s Address___________________________________________

Contact and Phone/E-Mail____________________________________

4.3 This proposal is submitted on the original copy received from Boulder County or on unmodified photocopies thereof:

___ Yes

4.4 Three (3) copies of the proposal are submitted:

___ Yes

4.5 Any addenda to the Specifications received from Boulder County are included:

___ Yes ___N/A

4.6 Maintenance and service is proposed:

___ Yes ___ No

4.6.1 Manufacturer’s support policy, per Section 2.1.6, attached:

___ Yes ___ No

4.6.2 Resumes of maintenance personnel, as per Section 2.1.8.8, attached:

___ Yes

4.6.3 Spare parts inventory list, per Section 2.1.11.8, attached:

___ Yes

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4.7 (Appendix 2: Specimen Maintenance Agreement) reviewed

4.7.1 We will use specimen Agreement as basis for Agreement:

___ Yes ___ No

4.7.2 Exceptions or comments regarding Specimen Agreement submitted:

___ Yes ___ No

4.8 Should the Maintenance Contract per these Specifications not be finalized or executed by the date stated in Section 1.2.1.6 due to reasons beyond the control of Boulder County or Contractor, will you keep your prices the same until at least Dec 1, 2006 and pro-rate the 2006 price according to the portion of that calendar year actually covered?

4.9 Insure that all pricing options are addressed including 2.2.4.1, 2.2.4.2, 3.3.1 and 3.3.2.

4.10 Authorized Signatures:

By: _____________________ Title: _____________ Date: ________

By: _____________________ Title: _____________ Date: ________

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5.0 System Description

5.1 Equipment to Be Covered

5.1.1 All equipment described herein, including station equipment, hard-wired maintenance/administration terminals/printers, distribution frames, wire, cable, and associated telephony parts plus anything reasonably assumed to be part of the County/City/Courts telephone system (but excluding provision of lighting, heat, air conditioning, and commercial electrical power) is the responsibility of Contractor under an agreement per these Specifications unless specifically excluded in this Section 5.

5.1.2 In addition to the system descriptions provided here, Appendix 1 contains drawings illustrating system configurations. It should be noted that while every attempt has been made to insure that the information provided is accurate, a 5% variance in quantities is possible.

5.1.3 The Vendor is responsible for having satisfied themselves as to the conditions, quantities, equipment, and site configurations to be covered under this agreement.

5.2 Summary of Equipment, Operation and Contractor Responsibility

5.2.1 Every attempt has been made to insure the port and trunk counts provided in this Section 5 are as accurate as possible. In some cases there is a slight difference between the count shown here and the spreadsheet provided in Appendix 1. We believe these differences are a result of situations where a circuit was taken out of service and the PBX software wasn’t updated to reflect the change. Our records indicate the counts provided in this section are the most accurate.

5.2.2 The telephone system serves approximately 40 separate County/City/Courts locations in a unified system comprised of approximately 1,934 total station and 55 Meridian Mail ports. In addition to standard station ports there are approximately 75 off-premise circuits which are included in the above count, 504 digital trunks carried over 21 T1’s which include CO and Option 11 interconnect, 59 analog trunks, and 2 centralized attendant consoles. (This system is not defined to include the emergency communications dispatch center, E911, or its consoles. Contractor is responsible for the integrity of extension lines from the Option 81C up to the point of entry into E911 equipment.)

5.2.3 The Boulder County telephone system centers on a Nortel Option 81C currently equipped with 3 network groups. Peripheral equipment is supported through IPE shelves. This main switching location is at the Criminal Justice Center, 6th and Canyon, Boulder. The Option 81C is linked via digital T1 connections to 10 Option 11 systems in the City and County. A system overview drawing is provided in Appendix 1.

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5.2.4 The system serves the City, 20th Judicial District; and a small number of ports for the County. The County manages the entire system under contract with the first 2 entities.

5.2.5 Telephone equipment is divided into 4 categories: (1) fully integrated switching locations (Nortel Mini-Remotes), (2) networked switching locations (T1-PRI Connectivity), (3) attached key systems, (4) attached single-line locations (OPX).

5.2.5.1 There are 4 fully integrated switching locations consisting of the Option 81C (Justice Center) and 3 Mini-Remote Carrier locations (Open Space-Cherryvale, Child Services, and South Boulder Recreation Center). All of these locations are linked to the Justice Center via leased T1 circuits. An overview drawing of this arrangement is provided in Appendix 1. All incoming calls for City, County, and Court offices at these locations, and all attached key system and single-line locations, arrive at the Justice Center switching equipment and are automatically routed to their destinations. Outgoing calls from these locations are routed through the central switching equipment, where they are automatically carried over trunks using least cost routing. Calls may be transferred anywhere among these locations without regard to where they are answered.

5.2.5.2 There are 10 networked switching locations, these sites are listed below:

System Type Location AddressNortel Option 11 Longmont Courthouse 1035 Kimbark St

Longmont, CONortel Option 11 East Boulder

Community Center.5660 Sioux Dr.Boulder, CO

Nortel Option 11 Forsberg 7315 Red Deer DriveBoulder, CO

Nortel Option 11 Municipal Building 1777 BroadwayBoulder, CO

Nortel Option 11 Public Safety 1805 33rd StreetBoulder, CO

Nortel Option 11 Iris 3198 BroadwayBoulder, CO

Nortel Option 11 Parking 1500 Pearl StreetBoulder, CO

Nortel Option 11 75th Water 4049 75th StreetBoulder, CO

Nortel Option 11 City Yards 5050 E. Pearl StreetBoulder, CO

Nortel Option 11 63rd Street Water 5605 No. 63rd StreetBoulder, CO

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All of these switch locations are linked to the Justice Center switch via Qwest-provided T1s. CDP software has been configured to route some incoming DID calls automatically through the Justice Center equipment to each location. Outgoing long distance calls from each of these remote switches are routed via the Option 81C.

5.2.5.3 There is 1 Nortel Norstar attached key system. The system is connected via off-premise extension circuits (OPXs) to the Option 81C and, although sometimes more complicated to operate, enjoys all the capabilities of extensions at their host switching location. Contractor is responsible only for the Northern Telecom-manufactured key systems and not for the other key systems, except that Contractor is responsible for the integrity of the OPX circuits up to the demarcation point serving all key systems.

5.2.5.4 75 attached, off-premise telephones exist at approximately 40 small facilities (such as branch libraries, garages, and fire stations). These consist of single-line “2500” telephone instruments connected to the Option 81C at the Justice Center via off-premise circuits (OPXs). Users of these phones have all the capabilities of stations at their host switching location.

5.2.6 The Outside Plant Copper Cable consists of areas where buried cable has been installed. In addition to the description given below, there is an Outside Plant Cable overview drawing provided in Appendix 1.

5.2.6.1 There is 900 pair run along side of Boulder Creek from the Justice Center to the Library, West Senior Center, with 400 of those 900 pair continuing on to the Municipal Building, New Britain, and Park Central Buildings. The cable is spliced at 4 pedestals. From 50 to 400 pair are terminated in each building. In addition there are 200 pair running from the Municipal Building to each of the following: Library, Atrium, and New Britain; 300 pair run between New Britain and Park Central and 100 pair between the Library and the West Senior Center. There is also an extended drop cable between City Yards to Parks Operations and another from the Atrium Building to FAM, both of these are 50 Pr.

5.2.7 The Voice Messaging system is integrated with the Option 81C and consists of a 5-node Northern Telecom 28-port, 240 hour Modular Meridian Mail running Release 13 software.

5.2.8 Battery systems are installed to support the equipment at the Justice Center, and Public Safety Building. All Option 11’s are equipped with stand-alone UPS systems. Vendor is not responsible for replacement of battery systems.

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5.2.9 Announcement equipment is used in conjunction with ACD, there are 4 - 4-channel Interalia units at the Justice Center and 1 – 4-channel Interalia unit at the Iris Center location.

5.2.10 Approximately 5 paging systems exist in several locations and are connected for dial access from the Option 81C and Option 11’s via paging ports and Valcom 3 or 9 zone dial access units. The total number of speakers served is approximately 70.

5.3 DID and Non-DID Number Assignments (303 unless noted)

Main System (Option 81C)

DID 441-1000-1999, 3000-3999, 4000-4999413-7000-7999720-564-2000-2999

Non-DID 5000-59998000-8999, 1300-1399

Longmont DID 678-6000-6399; 682-6700-6899

Non-DID 6900-6999

5.4 Numbering Plan by Thousands Groups

0 – Dial Console1 – DID extensions Boulder2 – DID extensions Boulder3 – DID extensions Boulder4 – DID extensions Boulder5 – Non-DID extensions6 – Longmont DID and non-DID extensions7 – DID extensions Boulder – Used primarily for Option 11’s8 – Trunk access codes, guest mailboxes, and additional non-DID

extensions9 – Dial out

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Appendix 1 – Drawings and Spreadsheets

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Appendix 2 – Specimen Maintenance or Administration Agreement

BOULDER COUNTYAGREEMENT FOR TELEPHONE SYSTEM

MAINTENANCE SERVICES

THIS CONTRACT ("Contract") is entered into between the County of Boulder, State of Colorado, acting by and through its Board of County Commissioners ("County") and (name of company) ("Contractor").

In consideration of the rights and obligations specified below, the County and the Contractor agree as follows:

1. Incorporation into Contract: The Invitation for Bid and Bid Specifications of Boulder County Bid No.________, together with any alterations and/or modifications to these Specifications (the "Bid Documents"), are expressly incorporated into this Contract by this reference.

2. Work to be Performed: The Contractor will, in a good and workmanlike manner and at its own cost and expense, furnish all labor and equipment and do all work necessary and incidental to performing (specify type of work) as specified in the Bid Documents and this Contract (the "Work"). The Contractor shall perform the Work in strict accordance with the Bid Documents and this Contract.

3. Term of Contract: This Contract shall begin and become effective on the date of execution by the parties, which date is the date specified on the signature page of this Contract. Under this Contract, the Contractor shall begin Work on (date) and shall continue through (date) .

4. Payment for Work Performed: In consideration of the Work to be performed by the Contractor, and subject to paragraph 14, the County shall pay to the Contractor, in accordance with the Bid Documents, $ (contract price) .

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5. Extension and/or Renewal of Contract Term:

a. The County, in its sole discretion, may elect to extend the term of this Contract. In the event the County elects to exercise this right, it shall send written notice to Contractor, pursuant to paragraph 15, of its intent to extend the term of the Contract. The notice shall set forth the length of the extension.

b. Upon mutual agreement by the parties, this Contract may be renewed for four additional one-year periods through date during which time this Contract shall be in full force and effect, subject to the termination provisions of paragraph 14. If this option to renew is exercised, the parties shall execute a written agreement no later than thirty (30) days before the expiration of this Contract.

c. All of the provisions of this Contract shall remain in full force and effect during any extension or renewed term except that the scope of services and compensation to be paid to Contractor during any extension or renewed term shall be mutually agreed upon prior to the commencement of any extension or renewed term. The agreed upon scope of services and compensation shall be reduced to writing, signed by both parties, and attached to this Contract.

d. TEN CALENDAR DAYS BEFORE THE COMMENCEMENT OF ANY EXTENDED TERM THE CONTRACTOR SHALL SUBMIT TO THE COUNTY PROOF OF INSURANCE AS REQUIRED IN PARAGRAPH 9.

e. Should the parties fail to agree upon the scope of services or compensation to be paid to Contractor for any extension or renewed term, or should Contractor fail to submit the required documents within the time period specified in paragraph 5(d), then this Contract shall terminate at the end of the then current term and no extension or renewal of the term of the Contract shall occur.

6. Quality of Performance: The Contractor shall perform the Contract in a manner satisfactory and acceptable to the County. The County shall be the sole judge of the quality of performance.

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7. Schedule of Work: The Contractor shall perform the Work during the hours designated by the County so as to avoid inconvenience to the County and its personnel and interference with the County's operations.

8. Indemnity: The Contractor shall be liable and responsible for any and all damages to persons or property caused by or arising out of the actions, obligations, or omissions of the Contractor, its employees, agents, representatives or other persons acting under the Contractor's direction or control in performing or failing to perform the Work under this Contract. The Contractor will indemnify and hold harmless the County, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including but not limited to attorneys’ fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of the Contractor, its employees, agents or representatives, or other persons acting under the Contractor’s direction or control. Nothing in this indemnification agreement shall be construed in any way to be a waiver of the County's immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended.

9. Insurance Requirements: The Contractor shall procure and maintain at its own expense, and without cost to the County, the following kinds and minimum amounts of insurance for purposes of insuring the liability risks which the Contractor has assumed until this Contract has expired or is terminated:

a. Commercial General Liability . This coverage should be provided on an ISO 1998 Form or most current with minimum limits of $600,000.00 combined single limit for each occurrence.

b. Automobile Liability . Minimum limits are required to be $600,000.00 for each occurrence. Coverage must include:

- All vehicles owned, non-owned, and hired to be used on the Contract

- Personal Injury Protection where applicable

c. Workers' Compensation and Employer's Liability . Workers’

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Compensation must be maintained with the statutory limits. Employer's Liability is required for minimum limits of $100,000.00 Each Accident/$500,000.00 Disease-Policy Limit/$100,000.00 Disease-Each Employee.

The Contractor shall provide Certificates of Insurance to Boulder County demonstrating that the insurance requirements have been met prior to the commencement of Work under this Contract. The Commercial General Liability certificate shall indicate Boulder County as an ADDITIONAL INSURED.

The Additional Insured wording should be as follows: County of Boulder, State of Colorado, a body corporate and politic, is named as Additional Insured.

These Certificates of Insurance shall also contain a valid provision or endorsement that these policies may not be canceled, terminated, changed or modified without thirty (30) days written notice to the County, pursuant to paragraph 15.

The certificate holder is: Gene Jackson Risk ManagerBoulder CountyP.O. Box 471Boulder, CO 80306

Please forward certificates to the above certificate holder.

10. Nondiscrimination: The Contractor agrees to comply with the letter and spirit of the Colorado Anti-Discrimination Act, C.R.S. § 24-34-401, et seq., as amended, and all applicable local, state and federal laws respecting discrimination and unfair employment practices.

11. Nondiscrimination Provisions Binding on Subcontractors: In all solicitations by the Contractor for any Work related to this Contract to be performed under a subcontract, either by competitive bidding or negotiation, the Contractor shall notify each potential subcontractor of the Contractor's obligations under this Contract, and of all pertinent regulations relative to nondiscrimination and unfair employment practices.

12. Information and Reports: The Contractor will provide to authorized governmental representatives, including those of

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the County, State and Federal Government, all information and reports which they may require for any purpose authorized by law. The Contractor will permit such authorized governmental representatives access to the Contractor's facilities, books, records, accounts, and any other relevant sources of information. Where any information required by any such authorized government representative is in the exclusive possession of a person other than the Contractor, then such Contractor shall so certify to the County, and shall explain what efforts it has made to obtain the information.

13. Independent Contractor: The Parties recognize and agree that the Contractor is an independent contractor for all purposes, both legal and practical, in performing services under this Contract, and that the Contractor and its agents and employees are not agents or employees of Boulder County for any purpose. As an independent contractor, the Contractor shall be responsible for employing and directing such personnel and agents as it requires to perform the services purchased under this Contract, shall exercise complete authority over its personnel and agents, and shall be fully responsible for their actions.

Contractor acknowledges that it is not entitled to unemployment insurance benefits or workers’ compensation benefits from Boulder County, its elected officials, agents, or any program administered or funded by Boulder County. Contractor shall be entitled to unemployment insurance or workers’ compensation insurance only if unemployment compensation coverage or workers’ compensation coverage is provided by Contractor, or some other entity that is not a party to this Contract. Contractor is obligated to pay federal and state income tax on any monies earned pursuant to this Contract.

14. Termination and Related Remedies:

a. The other provisions of this Contract notwithstanding, financial obligations of Boulder County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Boulder County is prohibited by law from making financial commitments beyond the term of its current fiscal year. The County has contracted for goods and/or services under this Contract and has reason to believe that sufficient funds will be available for the full term of the Contract. Where,

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however, for reasons beyond the control of the Board of County Commissioners as the funding entity, funds are not allocated for any fiscal period beyond the one in which this Contract is entered into, the County shall have the right to terminate this Contract by providing seven (7) days written notice to the Contractor pursuant to paragraph 15, and will be released from any and all obligations hereunder. If the County terminates the Contract for this reason, the County and the Contractor shall be released from all obligations to perform Work and make payments hereunder, except that the County shall be required to make payment for Work which has been performed by the Contractor prior to the effective date of termination under this provision; and, conversely, the Contractor shall be required to complete any Work for which the County has made payment prior to providing written notice to the Contractor of the termination.

b. The preceding provisions notwithstanding, the County may terminate this Contract, either in whole or in part, for any reason, whenever the County determines that such termination is in the County’s best interests. Such termination shall be effective after the County provides seven (7) days written notice to the Contractor pursuant to paragraph 15.

c. In the event the County exercises either of the termination rights specified in paragraphs 14(a) or 14(b), this Contract shall cease to be of any further force and effect, with the exception of all Contract remedies which are specified herein and may otherwise be available to the parties under the law, and with the exception of any rights or liabilities of the parties which may survive by virtue of this Contract.

15. Notices: For purposes of the notices required to be provided under paragraphs 5, 9, and 14, all such notices shall be in writing, and shall be either sent by Certified U.S. Mail - Return Receipt Requested, or hand-delivered to the following representatives of the parties at the following addresses:

For the County: (enter DH/EO’s name, Department, and Mailing Address)

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For the Contractor: (enter Contractor’s name and Mailing Address)

In the event a notice is mailed pursuant to the provisions of this paragraph, the time periods specified in paragraph 14 shall commence to run on the day after the postmarked date of mailing.

16. Statutory Requirements: This Contract is subject to all statutory requirements that are or may become applicable to counties or political subdivisions of the State of Colorado generally. Without limiting the scope of this provision, the Contract is specifically subject to the following statutory requirement:

Contract payments may be withheld pursuant to C.R.S. § 38-26-107 if the County receives a verified statement that the Contractor has not paid amounts due to any person who has supplied labor or materials for the project.

17. Amendments: This Contract may be altered, amended or repealed only on the mutual agreement of the County and the Contractor by a duly executed written instrument.

18. Assignment: This Contract shall not be assigned or subcontracted by the Contractor without the prior written consent of the County.

19. Benefit to Successors and Assigns: This Contract shall be binding upon the successors and assigns of the parties.

20. Governing Law: The laws of the State of Colorado shall govern the interpretation and enforcement of this Contract. Any litigation that may arise between the parties involving the interpretation or enforcement of the terms of this Contract shall be initiated and pursued by the parties in the Boulder Courts of the 20th Judicial District of the State of Colorado and the applicable Colorado Appellate Courts.

21. Breach: Any waiver of a breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. All remedies afforded in this Contract shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law.

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22. Termination of Prior Agreements: This Contract cancels and terminates, as of its effective date, all prior agreements between the parties relating to the services covered by this Contract, whether written or oral or partly written and partly oral.

23. Severability: If any provision of this Contract is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

24. Third Party Beneficiary: The enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement shall be strictly reserved to the County and the Contractor, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this Contract that any person receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ________________ day of ______________, ______.

COUNTY OF BOULDERSTATE OF COLORADO

ATTEST:_______________________ By:______________________ ____________________Administrative Assistant Chair, Board of County

Clerk to the Board of CommissionersCommissioners(seal)

CONTRACTOR:

ATTEST:_________________________________________________

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By:_____________________ Title:___________________Title:__________________

(If this Contract is executed on behalf of a corporation, it must be signed by an agent duly authorized by the corporation to execute such Contract, and if specified by the corporate by-laws, the corporate seal must be affixed to the Agreement by the Secretary of the corporation or other authorized keeper of the corporate seal.)

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4755-06.doc

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Transcript of 4755-06.doc