Voice Communications System

Transcription

1 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA REQUEST FOR PROPOSAL Voice Communications System PROPOSALS DUE BY February 22, PM Pacific Time Rev. 4-05

2 Santa Barbara Superior Court Voice Communications System RFP Table of Contents I. Introduction Summary of the Intended Procurement 1.1 Issuing Body 1.2 RFP Layout and Sections 1.3 Project Overview II Procurement and Evaluation Process 2.1 Procurement Schedule and General Instructions Contact List Disposition of Material and Confidential or Proprietary Information Proposal Preparation Costs 2.2 Mandatory Pre-Proposal Conference 2.3 Pre-Submittal Process Request for Clarifications or Modifications Ambiguity, Discrepancies, Omissions Contact with Court RFP Addenda 2.4 Submission of Proposals Proposal Delivery Amendment or Withdrawal of Proposals Mistake in Proposal Error in Submitted Proposals Authorized Signatures, Validity Period of Proposals Knowledge of Requirements Independence of Proposal and Joint Proposals Covenant Against Gratuities 2.5 Overview of Evaluation Process Evaluation Committee Reservation of Rights Evaluation of Price Sheets Requests for Additional Information Brand Names Samples 2.6 Minimum Qualifications 2.7 Evaluation Criteria 2.8 Interviews and Negotiations Interviews Negotiations Payment News Releases 2.9 Award of Contract 2.10 Protest Procedures General Prior to Submission of Proposal After Award Form of Protest Determination of Protest Submitted Prior to Submission of Proposal Determination of Protest Submitted After Submission of Proposal Appeals Process Protest Remedies 2.11 General Instructions for Pricing 2.12 Government Rates 2.13 Warranty 2.14 Invoicing 2.15 Contract Terms Page 2 of 33

3 2.16 Existing Telephone & IVR/IWR Description 2.17 Description of New Telephone System Requirements 2.18 Description of IVR/IWR System Requirements Santa Barbara Superior Court Voice Communications System RFP III. Vendor Qualifications 3.1 Executive Summary Executive Summary Content Vendor Information, Validity, and Authorized Signature 3.2 Company and Subcontractor Information Company Background Information Subcontractors 3.3 Experience and Qualifications Prior Experience and References Subcontracts 3.4 Personnel, Staffing, and System Support Operations Design and Installation Project Team and Project Manager Post-Install Support Team and Customer Service Operations Installation and Training Project Plan 3.5 Basic System and Station Feature Checklist 3.6 Environmentally Preferable Purchasing Manufacturer Channel Partner/VAR Non-Mandatory Channel partner/var Optional Products Non-Mandatory Products Optional IV. Technical Proposal Telephone System V. Technical Proposal IVR/IWR System VI. VII. Pricing 6.A Telephone System 6.B IVR/IWR System Attachments A- Vendor Certification Form B- Data Network Diagram C- Data Network Equipment List D- Schematic Diagram of New Voice Communications Network E- Diagram of Existing IVR/IWR System F- Sample Jury IVR/IWR Application G1- Telephone System Pricing G2- IVR/IWR Pricing H Sample Contract I Environmentally Preferable Purchasing Worksheet J Floor Plans of Court Locations K Inventory of Existing PBX Extensions 4-05 Page 3 of 33

4 Santa Barbara Superior Court Voice Communications System RFP I. INTRODUCTION SUMMARY OF THE INTENDED PROCUREMENT 1.1 Issuing Body The Superior Court of California, County of Santa Barbara ( Court ) is issuing this Request for Proposal ( RFP ) to provide the Court with competitive bids for a Voice Communications System and Interactive Voice Response/Interactive Web Response (IVR/IWR) System. 1.2 RFP Layout and Sections This RFP is set forth in sections as follows: I. Introduction Summary of the Intended Procurement II. Procurement and Evaluation Process III. Vendor Qualifications IV. Technical Proposal Telephone System V. Technical Proposal IVR/IWR System VI. Pricing VII. Attachments 1.3 Project Overview The Court is requesting proposals from highly qualified vendors with expertise in providing voice communications systems, professional services for design, installation and configuration of the system, and ongoing support and maintenance services. Voice communications services at the Santa Barbara Superior Court are currently provided by the County of Santa Barbara and Verizon, using an NEC IPX with D-Term series telephones and a mix of analog phones and conferencing devices. The Court also uses a Telepath IVR/IWR with ACD functionality to the NEC switches and screen pops to end user computers using the court Case Management System. The Court plans to install a new standardized system that will effectively link all locations and functions. The system should be a next-generation product that will integrate with data communications systems and use the existing data network for transport and connection. The planned system will include basic modern features, such as Caller ID with display phones and message waiting lamps, as well as more advanced Call Center features for managing incoming call flow. In addition, the Court plans to purchase and implement a self-service Interactive Voice and Web Response (IVR/IWR) system and implement an initial application for Jury Services. Respondents to this RFP may choose to only bid on the Telephone System portion of this RFP, may team up with a partner for the IVR/IWR Jury Services application development, or propose a unified system that includes both solutions within one integrated system. However, the Court will not accept separate proposals for only the IVR/IWR portion of the bid. The Court intends to award contracts to vendors that are able to provide the best technical solutions at the lowest total long-run cost. The successful bidders for the Telephone System and the IVR/IWR System will provide equipment and professional services for installation and support, including Call Center applications and integration with the existing data communications network. However, the Court reserves the right to reject any or all proposals, in whole or in part, submitted in response to this RFP. The Court further reserves the right to make no award and to modify or cancel, in whole or in part, this RFP Page 4 of 33

5 Santa Barbara Superior Court Voice Communications System RFP II. PROCUREMENT AND EVALUATION PROCESS 2.1 Procurement Schedule and General Instructions The Court has developed the following list of key events from RFP issuance through notice contract award. All deadlines are subject to change at the Court s discretion. No. EVENTS Key Dates 1 Issue RFP Letter of Intent from Proposers to Participate in Pre-Proposal Conference PM 3 Pre-Proposal Conference Date and Time , 9:00AM 4PM 4 Deadline for Proposer Requests for Clarifications or Modifications Proposal Due Date and Time , 4PM 6 Potential Interviews or Selection of Lead Vendor 3/1/08 8 Notice of Intent to Award (estimated) 3/5/08 9 Notice of Award (estimated) 3/10/08 The RFP in PDF format will be available on the following website: Contact List Submittal Contact: Project Manager: Contracting Officer: Court Executive Officer Richard Hodges GreenIT Sonoma, CA [email protected] Richard Hodges Rebekah Bardakos Superior Court of California, Santa Barbara 1100 Anacapa St. 2 nd Floor Clerks Office Santa Barbara, Ca [email protected] Gary M. Blair Court Executive Officer Disposition of Material and Confidential or Proprietary Information All materials submitted in response to the solicitation document will become the property of the Court and will be returned only at the Court s option, and at the expense of the vendor submitting the proposal. One copy of a submitted proposal will be retained for official files and become a public record. Any material that a vendor considers as confidential, but does not meet the disclosure exemption requirements of the California Public Records Act, should not be included in the vendor s proposal as it may be made available to the public Page 5 of 33

6 Santa Barbara Superior Court Voice Communications System RFP Even though the Public Records Act (PRA) does not apply to the Court, the Court s policy is to look to the PRA for guidance in responding to requests for documents. If a vendor s proposal contains material noted or marked as confidential and/or proprietary that, in the Court s sole opinion, meets the disclosure exemption requirements of the PRA, then that information will not be disclosed pursuant to a written request for public documents. If the Court does not consider such material to be exempt from disclosure under the PRA, the material may be made available to the public, regardless of the notation or markings. If a vendor is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the PRA, then it should not include such information in its proposal because such information may be disclosed to the public Proposal Preparation Costs Vendors submitting proposals do so entirely at their expense. There is no express or implied obligation by the Court to reimburse a vendor for any costs incurred in preparing or submitting proposals, providing additional information when requested by the Court, participating in any selection interviews or product demonstrations, or participating in this procurement. 2.2 Mandatory Pre-proposal Conference A Pre-Proposal Conference to answer questions related to this RFP will be held on the date and at the time specified in Section 2.1. The locations of the pre-proposal conference are stated below: 1108 Santa Barbara Street, Santa Barbara Department 14 Courtroom beginning at 9am 1100 Anacapa St, Santa Barbara 118 E. Figueroa St. Santa Barbara 312 E. Cook St., Santa Maria 115 Civic Center Plaza, Lompoc 1745 Mission Dr., Solvang The Pre-Proposal Conference is mandatory; prospective proposers are required to attend in order to better understand the proposal requirements. In the event a potential proposer is unable to attend the Pre-Proposal Conference, an authorized representative may attend on their behalf. A representative may only sign in for one vendor. Proposals from vendors who did not attend the Pre-Proposal Conference will not be accepted and will be returned unopened. A Letter of Intent from a pre-proposal conference participant must be sent to the Submittal Contact via at the address listed in Section [email protected] by the date and time noted in Section 2.1 indicating the number of individuals (of vendor and its subcontractors) who plan on attending the pre-proposal conference. The Court will prepare a summary of questions and answers from the pre-proposal conference, as an addendum, which will be provided to attendees. 2.3 Pre-Submittal Process Request for Clarifications or Modifications Vendors interested in responding to this solicitation may submit questions on procedural matters related to the RFP or requests for clarification or modification of this solicitation document, including questions regarding the Contract Terms and Conditions in Attachment H, to the Project Manager. If the vendor is requesting a change, the request must set forth the recommended change and the vendor s reasons for proposing the change. All questions and requests must be submitted in writing via to the Submittal Contact listed in Section no later than the date specified in Section 2.1, Procurement Schedule and General Instructions. Questions or requests submitted after the due date will not be answered Page 6 of 33

7 Santa Barbara Superior Court Voice Communications System RFP Without disclosing the source of the question or request, the Project Manager will provide a copy of the questions and answers to all potential proposers. If a vendor s question relates to a proprietary aspect of its proposal and the question would expose proprietary information if disclosed to competitors, the vendor may submit the question conspicuously marking it as "CONFIDENTIAL." With the question, the vendor must submit a statement explaining why the question is sensitive. If the Court concurs that the disclosure of the question or answer would expose proprietary information, the question will be answered, and both the question and answer will be kept in confidence. If the Court does not concur regarding the proprietary nature of the question, the question will not be answered in this manner and the vendor will be notified Ambiguity, Discrepancies, Omissions If a vendor submitting a proposal discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the vendor shall immediately provide the Submittal Contact listed in Section 2.1 written notice of the problem and request that the solicitation document be clarified or modified. Without disclosing the source of the request, the Court may modify the solicitation document prior to the date fixed for submission of proposals by providing an addendum to potential proposers or, if identified in Section 2.1, by posting the addendum on the Court website. If prior to the date fixed for submission of proposals a vendor submitting a proposal knows of or should have known of an error in the solicitation document but fails to notify the Court of the error, the vendor shall propose at its own risk, and if the vendor is awarded the contract, the vendor shall not be entitled to additional compensation or time by reason of the error or its later correction Contact with Court Vendors are specifically directed NOT to contact any Court personnel or consultants for meetings, conferences, or discussions that are specifically related to this RFP at any time prior to any award of a contract. Unauthorized contact with any Court personnel or consultants may be cause for rejection of the vendor s response RFP Addenda The Court may modify this solicitation document prior to the date fixed for submission of proposals by providing notice to potential proposers. If any potential vendor determines that an addendum unnecessarily restricts its ability to propose, it must notify the Submittal Contact listed in Section no later than three (3) business days following the date the addendum is provided. 2.4 Submission of Proposals Pricing shall reflect all addenda issued by the Court. Failure to do so will permit the Court to interpret the proposal to include all addenda issued in any resulting contract Proposal Delivery The following must be received no later than the Proposal Due Date and time specified in Section 2.1 (the Proposal Closing Time ): One signed original copy of the proposal and separate original copy of the pricing proposal delivered to Rebekah Bardakos Anacapa St 2 nd Floor Clerks Office, County Courthouse, Santa Barbara, Ca Page 7 of 33

8 Santa Barbara Superior Court Voice Communications System RFP Four additional copies of the proposal and of the pricing proposal in three-ring binders delivered to County Courthouse 1100 Anacapa St., Santa Barbara, Ca One electronic copy of the technical proposal, and one electronic formatted copy of the pricing proposal delivered via to the Court at All Technical Proposal copies may be submitted in binders that are not sealed. The outside of the binder must be clearly marked with the Project Title, the Contents of the Binder, the proposer s name, and the date submitted. Pricing proposals must be included in a separately sealed envelope and should be marked with Price Proposal and the proposer s name. The hard copy(s) and electronic copies of the Technical Proposals must not include any pricing information. Proposals may be submitted prior to the Proposal Closing Time. Late proposals will not be considered. All printed proposals must be delivered via U.S. Mail, common carrier, or hand delivery. A receipt should be requested for hand delivered material. The proposer is solely responsible for ensuring that the full proposal is received by the Court in accordance with the solicitation requirements, prior to the date and time specified in the solicitation, and at the place specified. The Court shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or missed delivery Amendment or Withdrawal of Proposals A vendor may amend its proposal prior to the Proposal Closing Time. All amendments must be in writing and received by the Court prior to the Proposal Closing Time. A vendor may withdraw its proposal at any time prior to the Proposal Closing Time by notifying the Submittal Contact listed in Section in writing of its withdrawal. Amendments or withdrawals offered in any other manner, than described above will not be considered. Proposals cannot be amended or withdrawn after the Proposal Closing Time Mistake in Proposal If prior to a contract award, a proposer discovers a mistake in their proposal that renders the proposer unwilling to perform under any resulting contract, the proposer must immediately notify the Submittal Contact listed in Section in writing and request to withdraw the proposal. It shall be solely within the Court s discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of all or none of the items, then any withdrawal must be for the entire proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the Court may consider permitting withdrawal of specific line item(s) or combination of items Error in Submitted Proposals If an error is discovered in a vendor s proposal, the Court may at its sole option retain the proposal and allow the proposer to submit certain arithmetic corrections. The Court may, at its sole option, allow the proposer to correct obvious clerical errors. In determining if a correction will be allowed, the Court will consider the conformance of the proposal to the format and content required by the solicitation, the significance and magnitude of the correction, and any unusual complexity of the format and content required by the solicitation Page 8 of 33

9 Santa Barbara Superior Court Voice Communications System RFP If the proposer s intent is clearly established based on review of the complete proposal submitted, the Court may, at its sole option, allow the proposer to correct an error based on that established intent. The total price of unit-price items or individual line items will be the product of the unit or line item price and the quantity. If the unit or line item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, the unit or line item price shall be the amount obtained by dividing the extension price by the item quantity Authorized Signatures, Validity Period of Proposals Proposals must include the vendor name, address, telephone, and federal tax identification number. The proposal must be signed by a duly authorized officer or employee of the vendor and include the name, title, address, and telephone number of the individual who is the proposer s designated representative. Proposals will be valid for ninety (90) days after the Proposal Due Date specified in Section 2.1 ( Proposal Validity Date ). In the event a final contract has not been awarded by the date specified in Section 2.1, the Court reserves the right to negotiate extensions to the Proposal Validity Date Knowledge of Requirements The vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the proposal. Failure to examine any document, drawing, specification, or instruction will be at the proposer s sole risk. Proposers shall be responsible for knowledge of all items and conditions contained in their proposals and in this RFP, including any Court issued clarifications, modifications, amendments, or addenda. The Court will provide notice to perspective proposers or, if identified in Section 2.1, post addenda and clarifications to the Court website; however, it is the proposer s responsibility to ascertain that the proposal includes all addenda issued prior to the Proposal Due Date Independence of Proposal and Joint Proposals Unless a proposer is submitting a joint proposal, the proposer represents and warrants that by submitting its proposal it did not conspire with any other vendor to set prices in violation of anti-trust laws. A proposal submitted by two or more vendors participating jointly in one proposal may be submitted, but one vendor must be identified as the prime contractor and the other as the subcontractor. The Court assumes no responsibility or obligation for the division of orders or purchases among joint subcontractors Covenant Against Gratuities Proposer warrants by signing its proposal that no gratuities, in the form of entertainment, gifts, or otherwise, were offered by the proposer or any agent, director, or representative of the proposer, to any officer, official, agent, or employee of any Court with a view toward securing award of or securing favorable treatment with respect to any determinations concerning the performance of any resulting contract. For breach or violation of this warranty, the Court will have the right to terminate any resulting contract in whole or in part. The right and remedies of the Court provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under the resulting contract Page 9 of 33

10 Santa Barbara Superior Court Voice Communications System RFP 2.5 Overview of Evaluation Process Evaluation Committee The Court will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received from vendors will be reviewed and evaluated by a committee ( Evaluation Committee ). The name, units, or experience of the individual members will not be made available to any vendor. The Evaluation Committee will first review and screen all proposals submitted, except for the price proposals, according to the minimum qualifications set forth in Section 2.6. Vendors satisfying the minimum qualifications will then be evaluated in accordance with the evaluation criteria set forth in Section 2.7. The Evaluation Committee will first review and complete the evaluation of the technical proposals, without the price proposal. Thereafter, the price proposals will be opened, reviewed, and evaluated to determine an overall evaluation score Reservation of Rights The Court, at its sole discretion, may eliminate proposals that have not met the minimum qualifications of Section 2.6, or have not scored adequately in relation to other proposals to warrant further consideration. The Court reserves the right to reject any or all proposals, in whole or in part, and may or may not waive any immaterial deviation or defect in a proposal. The Court s waiver of an immaterial deviation or defect shall in no way modify the solicitation document or excuse a vendor from full compliance with solicitation document specifications. If a proposal fails to meet a material solicitation document requirement, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the requirements of the solicitation document. Material deviations cannot be waived. Unless otherwise specified in the solicitation, the Court may accept any item or combination of items as specified in the solicitation; of any proposal unless the proposer expressly restricts an item or combination of items in its proposal; and conditions its response on receiving all items for which it provided a proposal. In the event that the proposer so restricts its proposal, the Court may consider the proposer s restriction and evaluate whether the award on such basis will result in the best value to the Court or may determine in its sole discretion that such restriction is non-responsive and renders the proposer ineligible for further evaluation. The Court reserves the right to negotiate with proposers who have presented, in the opinion of the Evaluation Committee, the best proposal in an attempt to reach a contract. If no contract is reached, the Court can negotiate with other proposers or make no award under this RFP. At any time the Evaluation Committee can reject all proposals and make no award under this RFP. Moreover, the Court reserves the right to reconsider any proposal submitted at any phase of the procurement. It also reserves the right to meet with vendors to gather additional information. Proposals that contain false or misleading statements may be rejected if in the Court s opinion the information was intended to mislead the Court regarding a requirement of the solicitation document Evaluation of Price Sheets Price sheets will be reviewed only if a proposal is determined to be otherwise qualified. All figures entered on the price sheets must be clearly legible and must be printed in ink 4-05 Page 10 of 33

11 Santa Barbara Superior Court Voice Communications System RFP or type written. No erasures are permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by the person signing the proposal. If the solicitation requires the proposer to provide an electronic copy of the price sheets and there is a discrepancy in the printed price sheets and the electronic copy, the pricing on the printed price sheets will be evaluated. Where more than one line item is specified in the solicitation, the Court reserves the right to determine the highest evaluated proposer, either on the basis of individual items, combination of items as specified in the solicitation, or on the basis of all items included in the solicitation, unless otherwise expressly provided Requests for Additional Information The Court reserves the right to seek clarification or additional information from any proposer throughout the solicitation process. The Court may require a proposer s representative to answer questions during the evaluation process with regard to the vendor s proposal. Failure of a proposer to demonstrate that the claims made in its proposal are in fact true may be sufficient cause for deeming a proposal non-responsive Brand Names Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. Proposals offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the proposal clearly describes the article offered and how it differs from the referenced brand. Unless a proposer specifies otherwise, it is understood that the proposer is offering a referenced brand item as specified in the solicitation. The Court reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the Court may require the supply of additional descriptive material and a sample Samples Samples of goods may be required prior to award to determine proposer s responsiveness to the RFP s technical requirements. If requested, such samples must be provided at no cost and delivered to the address specified within the timeframe identified in the notification. Failure to submit samples as specified may be grounds for rejection of a vendor s proposal. Unless expressly set forth in the solicitation, the sample of goods furnished must be identical in all respects to the product or products being offered. Proposers offering products of a different manufacturer and model number than those specified in the solicitation may be required to submit samples for inspection and specification compliance testing in order for the Court to determine if the item offered is equivalent to and meets the minimum standards of quality acceptable to the Court as indicated by the manufacturer and model number specified in the solicitation. Samples, if not destroyed by tests, may, upon request made by the proposer at the time the sample is furnished, be returned at proposer s expense. 2.6 Minimum Qualifications To be considered for full evaluation and possible award, proposers must first meet the threshold minimum qualification requirements listed in the following table (minimum requirements can be met by combining experience, expertise, and resources of vendor and any proposed subcontractors): 4-05 Page 11 of 33

12 Santa Barbara Superior Court Voice Communications System RFP No. Minimum Qualifications 1 Be an authorized dealer of equipment manufacturer being proposed and must be in good standing with proposed manufacturer. 2 Maintain a staffed company office within 100 miles of the Courthouse at 1100 Anacapa St., Santa Barbara, CA. or 312 East Cook St, Santa Maria 3 Employ a minimum of (3) technicians qualified to install, maintain, and support the proposed systems hardware and software. 4 Neither vendor nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency, and neither vendor nor any of its proposed subcontractors are tax delinquent with the State of California or Federal Government (reference Attachment A, Vendor Certification Form). 5 Meet insurance and labor requirements included in the standard contract. (Attachment H) The proposer must state specifically in its Executive Summary (see Section 3.1) how it will comply with each minimum qualification specified above. Subject to the Court s right in its sole discretion to waive minor deviations or defects, only those proposals that meet all of the foregoing minimum qualifications shall be considered for a full evaluation and a possible contract award. Vendors who fail to meet any of the listed minimum qualifications will be notified in writing, and will have three (3) business days from receipt of such notification to file proof that all such qualifications are met. 2.7 Evaluation Criteria Proposals will be evaluated to determine the proposal or proposals that best meet the criteria set forth in subsections a-k below. The evaluation will be based upon the following criteria. Although some factors are weighted more than others, all are considered necessary, and a proposal must be technically acceptable in each area to be eligible for award. With regards to price, the Court reserves the right, in its sole discretion, to reject any proposal whose price is outside of the competitive range. a. Product Architecture b. Product Ease-of-Use c. Experience on similar assignment d. Reasonableness of price projections e. Financial viability and stability f. Credentials of staff to be assigned to the project g. Ability to meet timing requirements to complete the project h. Implementation Plan i. Timeliness of Delivery j. References k. Cost/Pricing factors 2.8 Interviews and Negotiations Interviews Following the initial screening of proposals, the Court reserves the right to require, and each proposer must be prepared to conduct, oral presentations and other discussions (written or verbal) on the content of its proposal. If the Court determines that interviews or presentations are required, selected proposers will be notified in writing of the date, place, time and format of the interview or presentation. Proposers will be responsible for all costs related to the interview, which, at the Court s sole discretion, may be in-person 4-05 Page 12 of 33

13 Santa Barbara Superior Court Voice Communications System RFP and/or by teleconference. Failure to participate in such interviews or presentations shall result in a proposer s disqualification from further consideration Negotiations If the Court desires to enter into negotiations, it will do so with one or more proposers, at its discretion. If the Court enters into negotiations and no contract is reached, the Court can negotiate with the other proposers or make no award under this RFP. The Court reserves the right to award a contract, if any, without negotiations Payment Payment is made based upon completion of tasks as provided in the contract between the Court and any selected vendor News Releases News releases pertaining to the award of any contract resulting from this solicitation may not be made by a vendor without the prior written approval of the Court Executive Officer, Gary M. Blair, as noted in Section Award of Contract The Evaluation Committee will make a final recommendation for award of the contract. Upon award, the successful proposer(s) will be required to execute a Contract in accordance with the specific requirements and pricing of the RFP response, and provide a certificate of insurance in conformance with the requirements set forth in the General Conditions within thirty (30) business days of award. The period for execution of the Contract may be changed by mutual contract of the parties. Contracts are not effective until signed by both parties Protest Procedures General Failure of proposer to comply with the protest procedures set forth in this Section 2.10, will render a protest inadequate and untimely, and will result in rejection of the protest. In no event shall a protest be considered if all submittals are rejected or after a contract has been executed Prior to Submission of Proposal An interested party that is an actual or prospective proposer with a direct economic interest in the procurement may file a protest based on allegedly restrictive or defective specifications or other improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to the submission of a proposal. Such protest must be received prior to the Proposal Closing Time. The protestor will have exhausted all administrative remedies specified in Section 2.3.1, Request for Clarification or Modifications; Section 2.3.2, Ambiguity, Discrepancies, Omissions; Section 2.3.4, RFP Addenda; and this Section as applicable, prior to submitting the protest. Failure to do so may be grounds for denying the protest After Award A vendor submitting a proposal may protest the award based on allegations of improprieties occurring during the proposal evaluation or award period if it meets all of the following conditions: a. The vendor has submitted a proposal that it believes to be responsive to the solicitation document. b. The vendor believes that its proposal meets the administrative and technical requirements of the solicitation; proposes items and/or 4-05 Page 13 of 33

14 Santa Barbara Superior Court Voice Communications System RFP services of proven quality and performance; offers a competitive price; and c. The vendor believes that the Court has incorrectly selected another vendor submitting a proposal for an award. Such protests must be received no later than five (5) business days after the protesting party receives a no-award notification Form of Protest A vendor who is qualified to protest should submit the protest to the Contracting Officer listed in the Submission of Proposal section of this RFP. a. The protest must be in writing and sent by certified or registered mail or delivered personally to the address noted above. If the protest is hand-delivered, a receipt must be requested. b. The protest shall include the name, address, telephone and facsimile numbers of the party protesting or their representative. c. The title of the solicitation document under which the protest is submitted shall be included. d. A detailed description of the specific legal and factual grounds of protest and any supporting documentation shall be included. e. The specific ruling or relief requested must be stated. The Court, at its sole discretion, may make a decision regarding the protest without requesting further information or documents from the protestor. Therefore, the initial protest submittal must include all grounds for the protest and all evidence available at the time the protest is submitted. If the protestor later raises new grounds or evidence that was not included in the initial protest but which could have been raised at that time, the Court will not consider such new grounds or new evidence Determination of Protest Submitted Prior to Submission of Proposal Upon receipt of a timely and proper protest based on allegedly restrictive or defective specifications or other improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to the submission of a proposal, the Court will provide a written determination to the protestor prior to the Proposal Closing Time. If required, the Court may extend the Proposal Closing Time to allow for a reasonable time to review the protest. If the protesting party elects to appeal the decision, the protesting party will follow the appeals process outlined below and the Court, at its sole discretion, may elect to withhold the contract award until the protest is resolved or denied or proceed with the award and implementation of the contract Determination of Protest Submitted After Submission of Proposal Upon receipt of a timely and proper protest, the Court will investigate the protest and will provide a written response to the vendor within a reasonable time. If the Court requires additional time to review the protest and is not able to provide a response within ten (10) business days, the Court will notify the vendor. If the protesting party elects to appeal the decision, the protesting party will follow the appeals process outlined below and the Court, at its sole discretion, may elect to withhold the contract award until the protest is resolved,or denied, or proceed with the award and implementation of the contract Appeals Process The Contracting Officer s decision shall be considered the final action by the Court unless the protesting party thereafter seeks an appeal of the decision by filing a request for appeal with the Court Executive Officer, noted in Section 2.1.1, within five (5) calendar days of the issuance of the Contracting Officer s decision Page 14 of 33

15 Santa Barbara Superior Court Voice Communications System RFP The justification for appeal is limited to: A. Facts and/or information related to the protest, as previously submitted, that were not available at the time the protest was originally submitted; or B. The Contracting Officer s decision contained errors of fact, and that such errors of fact were significant and material factors in the Contracting Officer s decision; or C. The decision of the Contracting Officer was in error of law or regulation. The request for appeal shall include: (1) The name, address, telephone and facsimile numbers of the vendor filing the appeal or their representative; (2) A copy of the Contracting Officer s decision; (3) The legal and factual basis for the appeal; and (4) The ruling or relief requested. Issues that could have been raised earlier will not be considered on appeal. Upon receipt of a request for appeal, the Court Executive Officer will review the request and the decision of the Contracting Officer and shall issue a final determination. The decision of the Court Executive Officer shall constitute the Court s final action Protest Remedies If the protest is upheld, the Court will consider all circumstances surrounding the procurement in its decision for a fair and reasonable remedy, including the seriousness of the procurement deficiency, the degree of prejudice to the protesting party, or to the integrity of the competitive procurement system, the good faith efforts of the parties, the extent of performance, the price to the Court, the urgency of the procurement, and the impact of the recommendation(s). The Court may recommend any combination of the following remedies: a. Terminate the contract for convenience; b. Re-compete the contract; c. Issue a new solicitation; d. Refrain from exercising options to extend the term under the contract, if applicable; e. Award a contract consistent with statute or regulation; or f. Other such remedies as may be required to promote compliance General Instructions for Pricing Vendor must submit pricing as required by Attachments G1 and G2. (see section VI. Below) In addition to submitting the pricing in the form requested by the Court, vendors must include their standard pricing sheets in the format that they normally use internally and for customers. The total price shown on both the RFP Attachment Pricing sheets and the vendor s standard pricing sheets must match. Both sheets should include a similar level of detail for component line items, unit pricing, and extended pricing. The electronic version of the Pricing sheets should be submitted as unlocked spreadsheets that can be used by the evaluation committee for pricing various configuration options. Vendors chosen for contract negotiations will be responsible for ensuring that pricing in contract documents do not conflict with prices submitted in response to this RFP. Pricing should include all anticipated charges, including but not limited to, freight and delivery, insurance, cost of materials and product, travel expenses, overhead, profits, and other costs or expenses incidental to the vendor s performance Page 15 of 33

16 Santa Barbara Superior Court Voice Communications System RFP The Court is exempt from federal excise taxes and no payment will be made for any taxes levied on the vendor s or any Subcontractor s employee s wages. The Court will pay for any applicable State of California or local sales or use taxes on the products provided or the services rendered. Taxes shall be included as a separate line item on a vendor s invoice Government Rates It is expected that all vendors responding to this solicitation will offer the vendor s government or most favorable comparable rates Warranty It is expected that the Telephone and IVR/IWR System will be new, un-modified equipment as manufactured, and all manufacturer warranties will be intact. Vendors cannot perform any work on equipment or software that invalidates any or all parts of the equipment warranties. Any modifications or customization done on the hardware or software must be accepted and approved by manufacturer and the Court Invoicing The vendor shall provide a description of the invoicing process for hardware, software and Professional Services. Vendor selected will be required to provide payment schedule based on mutually agreed acceptance of implementation. If there are unique billing arrangements for deposits, leasing terms, or auto-renewal of any services (i.e. Maintenance), this should be described Contract Terms Vendors should include a copy of their standard purchase and software licensing agreement with the response to the RFP. Although the Court will consider contract language proposed by a vendor, the Court will not be bound by contract language received as part of a prospective vendor s response. If the proposer requires that the Court be bound by some or all of the vendor s proposed contract language, the proposal may be considered non-responsive and may be rejected Description of Existing Voice and Data Systems Existing Voice Communications System The telephone system (NEC IPX) used by the Court is owned by the County of Santa Barbara and supported by the County s General Services Communications Division. Data Telecommunications services are provided by AT&T DataComm under the CalNet II contract and by Verizon. The Court also owns a Call Sequencer that handle calls from Jurors at the Santa Barbara location. The Court manages an Interactive Voice/Web Response (IVR/IWR) system that is funded by the County but is supported by First Data Government Solutions. The IVR/IWR system provides 7x24 automated services for case information, payment of fines and Call Center routing for incoming calls on Traffic and Criminal matters. Service quantities in place now are: 60 Button BLF 2 32 Button Digital Station 74 8 Button Digital Stations 317 Analog Station Sets 22 2 Line Analog Set Page 16 of 33

17 Santa Barbara Superior Court Voice Communications System RFP Cordless Sets 1 Voic Boxes 217 Information Only Voic 11 IVR/IWR Ports 16 Jury Sequencer Ports 14 Conference Room Units (Polycom type) 4 Court Call Units 16 Digital Announcers 1 Door Entry System 1 Alarms 7 Credit card Machines 5 Fax machines 27 Modems 25 Miscellaneous Analog ports 16 OPX 6 Locating the telephones within the Court buildings will be the responsibility of the selected vendor. Within the Court, there are 77 Directory Listed Numbers for the various Divisions. These numbers terminate on a variety of equipment. There are six after hours Auto Attendant menus for the Jury Services, Civil Small Claims, Family Law, and Administrative Divisions, as well as information-only voic boxes for other purposes. In addition, for the Traffic and Criminal Divisions, the Court uses a Telepath IVR/IWR system with basic ACD and Call Center reporting functionality, funded by the County using software and maintenance provided by First Data Government Solutions. The Telepath IVR/IWR system is a proprietary software product purchased from Frank Solutions, now First Data Government Solutions (FDGS). The underlying equipment is an industry-standard server running Microsoft Windows Server The system is used to provide information, citation bail amounts, hearing dates, limited date extensions, and collect fine or fee payments for Traffic and Criminal cases over the phone or on the web via credit card. The IVR/IWR system has two essential functions: 1) receiving fine payments made by credit card or on the web, and 2) providing Call Center Automatic Call Distribution (ACD) functions to Court employees handling incoming calls for Criminal and Traffic Divisions. For the ACD function, the IVR/IWR system also provides a screen pop function using Televantage software that delivers information to the Clerk s computer at the same time as the call. The IVR/IWR System completes approximately 1000 transactions per month and transfers an average of 200 calls per day though the ACD function to the various divisions. There are 16 ports being provided to the IVR/IWR at this time. Separate from the IVR/IWR system, the Court has its own equipment in Santa Barbara that provides information on jury service to prospective jurors. This system provides only a recorded message and does not offer any interactive services such as allowing jurors to 4-05 Page 17 of 33

18 Santa Barbara Superior Court Voice Communications System RFP request postponement or transfer to a Court Clerk. In Santa Barbara, the system is set up with both PBX extensions from the County system and analog lines from Verizon. In Santa Maria, the system is set up just as voic with analog extensions from the County telephone system Most of the courtrooms in the County are equipped with Conference Units provided as a service by Court Call. The Conference Unit equipment belongs to Court Call. The telephone extension, including DID number, is provided by the County Existing Data Communications Systems The Court data network was upgraded in That project installed new network equipment in the configuration shown on Attachment B. Internal wiring (IW) was also replaced in the majority of facilities. In 2007, network components reaching end of lifecycle were replaced. The Court s Local and Wide Area data networks have the basic elements in place to support voice services, but will require some upgrades of equipment, additional management tools, and further testing for capacity and performance Description of New Telephone System Requirements The purpose of this project is to improve service to the public and the efficiency of Court staff by providing a new voice communications system that is completely separate from the Santa Barbara County voice network. The Court expects ongoing telephone costs to be significantly reduced, and to leverage its investment in the Data Network. It is expected that the Court will install new ISDN- PRI trunks in the two major locations and with new blocks of Direct Inward Dial (DID) numbers procured via the State of California CalNet II contract. Analog DID trunks and local DID blocks are also planned for Solvang and Lompoc. Attachment D shows a preliminary schematic design for the new system. The specific quantities of system components to be included in the proposal are detailed on the pricing spreadsheet included as Attachment G1. However, it is expected that quantities of lines and stations will change as needs become better defined during the process of evaluating RFP responses. Employees of the Court will be provided with a multi-line display telephone set with standard user features including a DID number, Caller ID, a message waiting indicator, and voice mail. Unified Messaging for the desktop will be considered as an option. It is intended that some employees or work groups will also receive a 2 nd DID number for direct desktop faxing. The new system will operate as a single system with common, standard features for all employees at all Court locations. The Court currently has 11 full-time and 2 part-time employees that provide on-site technology management and support. A variety of other support services are provided by the AT&T Data Comm, Verizon, County Communications Staff, and NEC Technicians via County Communications. Though system support costs have been included in estimates of future operating costs, the Court does not have a specific plan for administering and supporting its own new voice communications systems Description of IVR/IWR Requirements The purpose of implementing an Interactive Voice Response/Interactive Web Response System (IVR/IWR) is to improve customer service and equality of access to justice for the citizens of Santa Barbara County and all clients of the Santa Barbara Superior Court. It is intended that the IVR/IWR system will offer real-time, 7x24, self-service capabilities for the various court divisions. The initial application for this system, which is included in this RFP, is an automated system that will provide information to citizens who have been called for jury service. However, the Court intends to purchase an IVR/IWR platform that will allow for the development and support of additional self-service applications in the future Page 18 of 33

19 Santa Barbara Superior Court Voice Communications System RFP The Santa Barbara Superior Court issues approximately 94,000 Jury service summons every year. Attachment F provides a sample diagram of the type of IVR/IWR application that the Court expects the vendor to provide. END OF INFORMATIONAL SECTION OF RFP 4-05 Page 19 of 33

20 Santa Barbara Superior Court Voice Communications System RFP SECTIONS III., IV., V., and VI. BELOW, ARE THE TEMPLATE FOR RESPONDING TO THE RFP. TEXT FROM SECTIONS 1 AND 2 ABOVE ARE INSTRUCTIONS FOR THE VENDORS AND ARE NOT TO BE INCLUDED IN THE RFP RESPONSE. Responsive proposals should provide straightforward, concise information that satisfies the requirements of this solicitation. Expensive bindings, color displays, and the like are not necessary or desired. Emphasis should be placed in conformity to the Court s instructions, requirements of this solicitation, and the completeness and clarity of content. The electronic copy of the response sections III., IV., and V., may be submitted as a single PDF file (preferred), or as multiple files as long as the files can be opened and read using Microsoft Office software III. VENDOR QUALIFICATIONS 3.1 Executive Summary Executive Summary Content The proposer must provide a one-page Executive Summary of its proposal. The Executive Summary should be a high-level general overview of how the vendor proposes to accomplish the requirements of this RFP. The proposer must also address in this section how it meets the minimum qualification requirements in Section Vendor Information, Validity, and Authorized Signature The Executive Summary should include the vendor information, validity period, and authorized signature, as required in Section Company and Subcontractor Information Company Background Information The Court requires the vendor to be a reputable company of strong financial standing with experience in the design, installation, and management of Voice Communications and IVR/IWR Systems. The vendor s proposal must provide the information requested below. If the proposer is a joint venture, information about the prime subcontractor and the subcontractor must be submitted separately. The information to be provided is as follows: a. Complete name and address of main company location. b. Federal tax identification number. c. If incorporated, state in which incorporated. d. A brief description of the vendor s organization. e. Total number of years in business. f. Number of years providing products and services similar in size and scope to those requested in this RFP. g. If subcontractors are proposed for this RFP, describe the vendor s contract management process for subcontractors included in the vendor s proposal and provide copies of signed formal contracts (e.g., teaming contracts or any other legally binding document), if any exist, between the vendor and each proposed subcontractor Page 20 of 33

21 Santa Barbara Superior Court Voice Communications System RFP Subcontractors If subcontractors are proposed for this RFP, provide the following information for each subcontractor: 3.3 Experience and Qualifications a. Subcontractor name and address of main company location. b. Federal identification and/or social security number. c. If incorporated, state in which incorporated. d. A short narrative of the subcontractor s organization, including organization charts and indication of company officers where applicable. e. Principal type of business. f. Total number of years in business. g. Number of years providing services similar in size and scope to those requested in this RFP Prior Experience and References The Court requires the vendor and its subcontractors to have prior experience in all aspects of the products and services described in this RFP for customers similar to or with relevance in the size, complexity and scope of this RFP. The Court reserves the right to contact any named customers as part of vendor evaluation. Vendor shall: Provide the names, addresses, and telephone numbers for a minimum of five (5) customers for whom the vendor has provided similar products and services within the last 24 months. If necessary, provide more than(5) references to ensure that there are (5) references for the Telephone System and (5) references for the IVR/IWR, if both systems are included in the proposal Subcontractors If the vendor intends to subcontract, describe the vendor s experience with each of the proposed subcontractors. For each proposed subcontractor provide the names, addresses, and telephone numbers for a minimum of three (3) customer references, for products and services similar to those described in this RFP. The vendor should include a brief description of the scope of products and services provided to the customer and the duration of the contract. 3.4 Personnel, Staffing, and System Support Operations Design and Installation Project Team and Project Manager Proposers shall provide the name, a role description, and brief statement of qualifications for the specific individuals that will be assigned to complete the design and installation of the system; including a Project Manager, Technicians, and Trainer Post-Install Support Team and Customer Service Operations Proposers shall provide a description of the Customer Service operation that will support the Court after the successful completion of the installation. The information provided should include a brief description of the following: Ongoing Account Management and Customer Support Role Contact process (phone, , fax, etc.) during regular business hours and nonbusiness hours Remote monitoring capabilities offered Standard on-site service response times guaranteed by the vendor 4-05 Page 21 of 33

22 Follow-up process for customer reported trouble tickets Santa Barbara Superior Court Voice Communications System RFP Internal procedures to track customer service contact and resolution Escalation process to resolve outstanding customer service issues The location from which service technicians will be dispatched for on-site services in Santa Barbara County Description of how subcontractors are used in support and the guaranteed performance standards Installation and Training Project Plan Proposers shall provide a description of the installation and cutover project plan. The information provided should include, at a minimum, a description of installation methodology, milestones, and a proposed sample project schedule. Also, Proposers should include a description of the training process to be used to provide the training services required. Proposers should describe the expected role of Court personnel and resources to be provided by the Court as part of installation plan and training. 3.5 Basic System and Station Features Checklist Vendors are to complete the checklist below. A YES response indicates that the feature is included as a standard option on the proposed system and does not require any additional hardware, software, or system modification to enable its use. A NO response indicates that the feature is not available on the proposed system. A YES, with Limitation indicates that the feature can be available on the proposed system but will require some additional hardware, software, or system modification that has not been included in this proposal. All YES, with Limitation responses should include an explanation of what is required to enable the feature. Description of System Feature/Function Yes No Yes, with Limitation 1. 3 party conference 2. 6 party conference 3. Autodial 4. Automatic Callback 5. Automatic Redial 6. Automatic Route Selection 7. Automatic Set Relocation 8. Call forward 9. Call Forward-Busy/No Answer 10. Call Forwarding - All Calls 11. Call Forwarding to an Outside Line 12. Call Hold 13. Call Park 14. Call Pickup 15. Call Queuing (without ACD) 16. Call Transfer 17. Call Waiting 18. Call Waiting Tone Indication 19. Caller I.D. 20. Camp On 21. Class of Service 22. Direct Inward Dialing 4-05 Page 22 of 33

23 Santa Barbara Superior Court Voice Communications System RFP 23. Directory look-up on Phone display 24. Distinctive Ringing 25. Do Not Disturb 26. Flash Key 27. Forced Authorization Codes 28. Group Call Pickup 29. Last Number Redial 30. Message Waiting Indicator (Visual) 31. Music on Hold Interface 32. Mute/volume control/ring volume 33. Night Answer Mode 34. On-Hook Dialing 35. On-Hook Voice Announcement 36. Overhead Paging System Interface 37. Station Intercom/Paging 38. Station Speed Dial 39. System Speed Dialing 40. Toll Call Restriction 3.6 Environmentally Preferable Purchasing The Court requests available information from all participating vendors regarding the support and employment of environmentally responsible business practices Manufacturer Non Mandatory For each of the manufacturers whose name brand appears on a hardware product you are proposing on your pricing sheet, answer the following questions: a. Does the manufacturer have a formal Corporate Social Responsibility (CSR) Program? b. If yes, does that program report on specific objective goals for environmental and social responsibility and report annual progress on meeting those goals? c. If yes, do those goals include specific commitments to environmental goals for the company s own products and operations? d. Does the manufacturer have an Environmental Management System that is certified to the ISO 14001standard? e. Does the manufacturer s Environmental Policy specifically address responsibility for the actions and activities of its supply chain both inside and outside the United States? f. Does the manufacturer have a product takeback and end-of-life management program for IT equipment? g. If yes, does that end-of-life management program accept the principles of the Basel Action Network s Electronics Recycler s Pledge of True Stewardship? h. Is the manufacturer participating in industry initiatives such The Green Grid or the Climate Savers Computing Initiative? i. Does the manufacturer have a program for reducing product packaging waste and for using reusable, recyclable, environmentally benign materials in product packaging? j. Does or has the manufacturer participated in US EPA Design for the Environment (DfE) programs such as Lead-Free Solder, Flame-Retardants in Circuit Boards, Wire & Cable, or Computer Displays? ( k. If the manufacturer does NOT have a formal EMS or ISO Certification, do they have programs for: Measuring and reducing energy consumption in the office? 4-05 Page 23 of 33

24 Santa Barbara Superior Court Voice Communications System RFP Reducing and recycling solid waste? Universal Waste management in compliance with California law? E-Waste management in compliance with California law? Encouraging employs to use energy-efficient modes of transportation to and from work, i.e. walking, biking, car pooling, or public transit? Channel Partner/VAR Non-Mandatory For the company that will be the contracting entity providing the system integration, installation, management and support services to the Court, answer the following questions: a. Does your company have a formal Corporate Social Responsibility (CSR) Program? b. Does your company have a formal Environmental Management System? c. Does your company have programs for: d. Measuring and reducing energy consumption in the office? e. Reducing and recycling solid waste? f. Universal Waste management in compliance with California law? g. E-Waste management in compliance with California law? h. Reusing, refurbishing or donating electronic equipment? i. Encouraging employs to use energy-efficient modes of transportation to and from work, i.e. walking, biking, car pooling, or public transit? j. Does your company include in its proposal a commitment to take back and responsibly manage in compliance with the BAN E-Stewardship principles all hardware products proposed in response to this RFP at no additional cost to the Court other than the pricing proposed? k. If yes, does that commitment include the proper handling of broken equipment returned under warranty? l. Will your company manage the proper and safe disposal of any surplus equipment created by the replacement of existing equipment? m. Briefly describe your process and commitment for the clean-up and proper disposal of all waste materials created during the system installation. Ideally, all waste materials (including packaging and cable) will be recycled and none sent to landfill Channel Partner/VAR Optional (vendors may respond to this section if they choose) a. Provide a description of the environmental responsibility programs, initiatives, and commitments your company has undertaken for its own operations and for the products it sells Products Non-Mandatory a. Any personal computer product proposed as part of the system solution must be EPEAT certified at a level of silver or higher. b. Vendors should propose only flat-panel devices and any computer monitor or display proposed must be TCO 99 certified, or equivalent. c. Any product included in your proposal that is covered by any US EPA Energy Star standards category must be Energy Star compliant to the most current standard. d. Complete the attached worksheet (Attachment I) for energy consumption specifications of each type of component included in your proposal. For each type of hardware product you are proposing on your pricing sheet, answer the following questions: e. Are all products compliant with the European Union RoHS directive, including restrictions on the use of lead-free solders? 4-05 Page 24 of 33

25 Santa Barbara Superior Court Voice Communications System RFP f. Do the proposed servers include power supplies that meet the 80 PLUS performance specifications? Products Optional (vendors may respond to this section if they choose) a. Provide a description of the energy consumption profile of your proposed system, including any notable energy management features, and compare it to traditional digital PBX s and to competitive IP voice communications systems. b. Provide a description of the energy consumption and environmental benefits of the features and revised work processes that your proposed system can enable (e.g. reduced car travel, reduced consumption of paper, etc) IV. TECHNICAL PROPOSAL TELEPHONE SYSTEM 4.1 Base Telephone System a. Describe the base switch hardware and software that is proposed. b. What is the current software level for the product and when was it issued for general availability? c. What is the planned release date for the next software revision? d. What is the current version of the proposed system hardware and when is the next planned introduction of new hardware components that will supersede what is proposed? e. For the proposed system specified in the spreadsheet included in Section VI., how many IP Telsets can be added for growth before any expansion of the device hardware is required? f. For the proposed system specified in the spreadsheet included in Section VI., how many Analog Telsets can be added for growth before any expansion of the device hardware is required? g. Does the system support the use of fax machines as analog extensions? If YES, describe any special requirements. h. Provide a schematic diagram that shows the major components of the system, where they would likely be located, and how they are interconnected, including all peripheral devices required to support the additional features such as ACD, Call Center reporting, Call Accounting, Desktop Fax, and Unified Messaging Messaging System a. Describe the type and model of voice messaging system proposed. b. What type of integration is used between the base telephone system and the voice messaging system? c. Does the proposed product support integrated or unified desktop messaging that displays voice messages, faxes, and s on a single user screen? d. If YES, describe the system architecture and features. e. When were units of the proposed product first shipped to customers? f. What is the current software release for the product, and when was it issued for general availability? g. What is the planned release date for the next software revision? h. Does the proposed system integrate with the ACD/Call Center System so that inbound callers who leave a queue temporarily can be restored to their original place in queue? i. Does the proposed system offer direct-to-desktop faxing as an option? j. If YES to i., what additional components are necessary to enable this feature? If, NO, what additional hardware and software are required to support this application? k. If YES to i., and a separate fax server is required to support this application, what integration is proposed between that server and the base telephone system? l. What client software is proposed that will be installed on individual desktop PC s for managing, creating, and sending faxes? m. Does the desktop fax product support in-dial and out-dial fax via the same trunk facilities used for voice calls? n. How does fax client software get installed on a Personal Computer? o. Is there an.msi file available for deployment of the client software by group policy? p. Does the fax client software integrate with Microsoft Outlook and Microsoft Exchange 2007? 4-05 Page 25 of 33

26 Santa Barbara Superior Court Voice Communications System RFP 4.3 System Management Tools and Call Accounting System a. What administrative system software does the vendor propose? b. What server platform and operating system does the software require? c. Must the server platform be dedicated to the system management application (i.e. can other applications run on the same computer)? d. What type of connection and protocol does the system use to communicate with the telephone system and the messaging system? e. Does the system allow the system manager to administer both telephone stations and voice mailboxes from same screen in the same session? If NO, provide a description of the process for managing standard MAC orders. f. What system monitoring and reporting capabilities are included in the proposed administrative software package for traditional switched telephony functions (e.g. trunk utilization)? g. What system monitoring and reporting capabilities are included in the proposed administrative software for IP transport and packet processing (E.g. packet delay times, packet loss, codec usage, etc.)? h. What type of Call Accounting System is proposed? i. Does the CAS system require separate hardware? If so, describe hardware and software requirements. j. Does the CAS system allow for budget-based cost coding? To what level? 4.4 Telephone Sets a. Describe the telephone sets that are proposed for: Standard Offices Executive Offices Basic Non-Display IP Phone b. When is the next planned introduction of new telsets that will add to or supersede what is proposed? c. Does each of the proposed telsets include an Ethernet switch? If yes, describe capabilities of switch. d. What color options exist for each of these types of sets? e. Do any of these types of telsets require printed paper labels to be created and installed for the labeling of function keys? If YES, which ones? f. If YES to e., is the software for creating and printing labels included with the proposed system? g. Is there a specific brand of headset that the vendor recommends for use with the proposed telsets? h. Is the telset proprietary and only usable with that manufacturer s equipment or a basic IP based phone? 4.5 Automatic Call Distribution a. Is the ACD function built into the base telephone hardware and software system? If YES, briefly describe the capabilities and limitations of the ACD within the overall system. b. If NO, describe the separate proposed hardware and software that will support the ACD function. c. If a separate server is required, describe the required server platform and operating system. d. If a separate server is required, must the server be dedicated to the ACD application (i.e. can other applications run on the same computer)? e. What is the current software release for the product and when was it issued for general availability? f. What is the planned release date for the next software revision? g. What tool is used for managing changes to the ACD configuration? Briefly describe the capabilities of the tool and the user interface. h. Is the ACD function configurable by a Court IT technician or is special training required? i. Can changes to the ACD configuration be made in real-time? j. Does the ACD allow agents to log into more than one call queue at the same time? k. Does the system provide the ability to inform callers of expected wait times and/or their place in queue? If YES, describe how that feature works, including limitations Page 26 of 33

27 Santa Barbara Superior Court Voice Communications System RFP 4.6 Call Center Management Tools a. Describe the proposed hardware and software required for administration, management, and reporting for Call Center operations. b. What is the current software release for the product(s) and when was it issued for general availability? c. What is the planned release date for the next software revision(s)? d. If a separate server is required, describe the required server platform and operating system. e. If a separate server is required, must the server be dedicated to the system management application (i.e. can other applications run on the same computer)? f. Briefly describe the real-time reporting capabilities for the proposed system, including devices (telsets, PC s, wallboards) and content (calls in queue, longest hold time, agents logged in, etc.). g. Briefly describe the historical reporting capabilities of the proposed system, for both standard and custom reports, including limitations on those capabilities and the export of report data to other programs. h. Provide the name of the application used to develop the reports. (e.g. Crystal Reports) 4.7 E fax Server and Desktop Software a. Describe the base system hardware and software that is proposed. b. What is the current software level for the product and when was it issued for general availability? c. What is the planned release date for the next software revision? d. What is the current version of the proposed system hardware and when is the next planned introduction of new hardware components that will supersede what is proposed? e. How does fax client software get installed on a Personal Computer? f. Is there an.msi file available for deployment of the client software by group policy? g. Does the fax client software integrate with Microsoft Outlook and Microsoft Exchange 2007? 4.8 Conference Calling a. Describe the base system hardware and software that is proposed. b. What is the current software level for the product and when was it issued for general availability? c. What is the planned release date for the next software revision? d. What is the current version of the proposed system hardware and when is the next planned introduction of new hardware components that will supersede what is proposed? e. What is the capacity for simultaneous users on the system as proposed? f. What is the maximum capacity of the proposed system with additions and upgrades? g. What additional components are required to add capacity? h. Briefly describe the procedure for users to set up multi-party conference calls. NOTE: Items specifically not included in this procurement are: Wired or wireless headsets Overhead paging speakers and amplifiers External or 3 rd Party System for recording telephone calls Remote Call Center Agent capability Outbound calling campaign software/database Video conferencing systems 4-05 Page 27 of 33

28 Santa Barbara Superior Court Voice Communications System RFP V. TECHNICAL PROPOSAL IVR/IWR SYSTEM 5.1 Basic System Description a. Provide a brief summary description of the proposed system. b. Describe how the proposed IVR/IWR system interfaces with the proposed telephone system (e.g. analog, digital, integrated system). c. Does the proposed system use industry-standard, non-proprietary voice computer-telephony boards? If YES, list make and model. If NO, describe proposed product. 5.2 Proposed System Hardware a. Does the proposed system include a server platform? b. What are the recommended (not minimum) technical requirements and specifications for the server including processor type and speed, memory, bus type, storage, power supplies, and mounting configuration (rack or tower)? c. What is the maximum number of boards and ports that the proposed or recommended server system can support? d. List the type, brand, and model of all cards to be installed in the server. e. Do any of the cards to be installed come in different port densities than what is proposed? If YES, describe. f. Can the proposed system cards support speech recognition software applications without any additional or replacement hardware? g. What elements of the system as proposed include redundancy in the event of component failure? h. What hardware options are available for backup and recovery of applications programming in the event of system failure? What backup system is proposed that will allow recovery and redeployment of applications programming within 2 hours of repair of a hardware failure? 5.3 Proposed System Software a. List all software products that are proposed including software name, manufacturer, current release version, initial release date, and date of next expected release. b. Briefly describe the functions, capabilities, and limitations of each software component proposed. c. What is the Operating System software for the proposed system? d. Is the proposed applications software able to support an interface and work with both the ACS Juror and JSI Jury+ jury management software systems? e. In what programming language(s) was the proposed application software written? 5.4 IVR/IWR Host and Database Interfaces a. Describe the upload/download process between the IVR/IWR system and host databases. b. Does the proposed system mirror or maintain any portion of the host database on the IVR/IWR server? c. Describe available options for external host interface links and protocols supported by the proposed system. d. State the maximum number of host sessions to which the system can log on simultaneously. e. Describe how the proposed system supports the ability to simultaneously communicate with two (2) or more different hosts. f. Describe capabilities and processes for automatic logon and host computer status monitoring. g. Describe the system capabilities for handling host unavailable conditions. 5.5 Speech Recognition a. List and describe all additional software and hardware components required to enable speech recognition in addition to the standard touch-tone IVR. b. What company originally created the speech recognition software that is proposed, and who now supports ongoing development of the product? c. Describe the standard grammars included with the proposed system, including limitations Page 28 of 33

29 Santa Barbara Superior Court Voice Communications System RFP 5.6 System Administration, Diagnostics, and Development Tools a. List and describe the System Administration and Diagnostic tools that are included in your proposal. b. List and describe the Application Development and programming tools that are included in your proposal. c. Does the application development software tool, as proposed, provide the ability to test new or modified scripts before they are made active? Explain. d. Describe the automatic self-testing and diagnostic tools included with the proposed system and how they function within the existing network environment. e. List and describe the standard system operating reports included with the proposed system and how those reports can be accessed by Court Staff. 5.7 Proposed Jury Application A sample IVR/IWR Call Flow design is included as an Excel spreadsheet attachment to this RFP (Attachment F). Proposers should use this as a guide to the type of application that the Court expects to deploy for Jury Services. VI. PRICING Pricing must be submitted using the spreadsheets Attachments G1 and G2. For the printed version, the spreadsheet may be shifted to landscape mode and printed on multiple pages if that is required to make space for notes. The electronic version of the pricing spreadsheet must be submitted as an unlocked Excel file with working formulas and no hidden columns. In addition to submitting the pricing in the form requested by the Court, vendors must include their standard pricing sheets in the format normally used internally and/or for customers. The total price shown on both the RFP Attachment Pricing sheets and the vendor s standard pricing sheets must match. Both pricing submissions should include a similar level of detail for component line items, unit pricing, and extended pricing. This RFP has been written knowing that the type of systems for which the Court is soliciting proposals have a variety of architectures and pricing schemes. The pricing sheets have been structured in a manner that attempts to capture, in detail, the pricing for the various elements that should be included in all system proposals. However, all of the individual line items will not apply to every proposal or system. In completing the pricing sheets, vendors are to break out the pricing of the various components included in their system proposal in a way that best meets the intent of the pricing spreadsheet. Modifications, insertions, and deletions are allowed on the pricing spreadsheet as long as the basic form and structure is retained, but all changes should be noted and explained in the space provided for notes. Vendors must provide detailed pricing by component parts, unit pricing for those components, and the direct cost of installation for those components as shown on the Pricing spreadsheet. On the spreadsheet, vendors should fill in all gray shaded areas. Where specific quantities of components are given on the pricing sheet, vendors must propose that quantity. Where the phrase Vendor Spec appears, proposers are to include that quantity or amount that their proposed system will require to meet the needs of the Court as expressed in this RFP. VI.A Telephone System 1. System Hardware This section should include prices for all of the tangible, physical equipment required for the installation and operation of the basic telephone system, except telsets. As shown on Attachment D, the system will need to provide for network connectivity with two (2) ISDN-PRI s in both Santa Barbara and Santa Maria, and back-up analog trunks at seven locations. It is assumed that 4-05 Page 29 of 33

30 Santa Barbara Superior Court Voice Communications System RFP the two major sites will be connected over a new point-point T1 dedicated to voice traffic. Additional analysis is under way to determine if the existing point-point data T1 s can also carry voice traffic. Aside from the WAN links and PSTN connections just mentioned, it is assumed that all voice traffic will be carried on the existing LAN infrastructure at each location, and over the existing WAN links between the major sites and smaller sites. At installation, the system will need to support four hundred fifty (450) IP stations and eighty (80) analog stations. As proposed, the system must provide for growth to six hundred (600) stations without any significant additions of hardware to the base system. Four new PoE Cisco Ethernet switches are included to replace existing equipment that does not support PoE. The Court is responsible for the procurement, installation and configuration of these four new PoE switches. 2. System Software As proposed, the system must be fully-licensed for five hundred thirty (530) stations and the network connectivity described above. In addition, the system must be licensed for six hundred voic boxes. If additional voic box licenses are required to provide basic Auto Attendant and routing functions, vendors should note that requirement and provide an estimated additional quantity required based on the information provided in the RFP. For Unified Messaging and Desktop Fax, the RFP specifies a quantity of four hundred (400) licenses. If a vendor s base pricing for those software licenses includes a higher quantity (e.g. 500) that should be noted. If these licenses are automatically included in the Extension/User license, that should be noted. The Court requires a simple Call Accounting System (CAS). This system must enable Court personnel to track outbound calls by originating extension for date, time of day, number called, and call duration. The Court also requires costing of calls and internal cost allocation via the application of a account coding for all stations. If the proposed base system can provide the functionality required without additional hardware or software, no add-on CAS is required. If the base system does not include this feature, vendors should propose a comprehensive CAS package that is simple to use and manage. 3. Telephones Vendors should choose and propose telephones in three (3) categories as shown. Specific requirements for those telsets have not been provided. Vendors are to propose the devices they think would best meet the needs of the Court based on the information provided. The quantities given for each type of telset are estimates based on the review of Court employee activities and functions. 4. Professional Services In this section vendors are to include pricing for all professional services that are not directly related to the system installation and included in section 1 above. 5. Call Center As described in 2.16 above, the Court now uses a rudimentary Call Center application for the Traffic and Criminal Divisions. The Needs Analysis indicates that there are opportunities for efficiency and improved service within the Court by providing that functionality to a broader range of employees. However, there is currently no specific plan for which Business Units would use the system and how it would be designed. In this section vendors are to provide pricing for all additional ACD and Call Center functionality that is not part of the base system, including software licenses for forty (40) concurrent active agents and fifteen (15) Supervisors. In Section 3 of the RFP response, proposers should include a complete description of the proposed Call Center system. For pricing purposes, vendors should assume that individual agents do not need to see real-time Call Center statistics, only incoming Caller ID information. Supervisors, however, should have the ability to view on their desktop computer basic operating information such as agent status, number of agents logged in, calls in queue, longest wait time, etc., and receive alarms when operating thresholds are violated (e.g. no agents logged in, calls overflowing, more than X calls in queue, etc.) Page 30 of 33

31 Santa Barbara Superior Court Voice Communications System RFP 6. E-fax Desktop Fax System - Vendors should provide pricing of a complete turn-key e-fax solution with the capacities indicated on the pricing spreadsheet. If the hardware and/or software for this feature are included in the base system pricing, that should be noted on the form. 7. Multi-Party Conference Bridge Vendors should provide pricing or a complete turn-key Multi-party Conference Bridge solution with the capacities indicated on the pricing spreadsheet. If the hardware and/or software for this feature are included in the base system pricing, that should be noted on the form. 8. Ongoing System Support and Maintenance - In this section, vendors are to provide pricing for the specific service support options requested, by year and by hour. Items 8.1 and 8.2 are discrete options. Pricing is to be provided for the two options requested. For the System Maintenance Agreement, vendors should assume that the agreement covers system hardware repair and replacement coverage excluding telephone sets, onsite and remote service support for system failures and operating problems, and regular software patches/maintenance (i.e. dot releases ). Section 8.3 is for a service contract covering major new software releases. If upgrades are part of the ordinary service offering, it should be noted. The pricing requested in this section is for a twelve (12) month agreement. Longer-term contracts with discounted rates may be proposed as an option. Sections 9, 10, and 11 of the pricing spreadsheet are for Ongoing System Support and Maintenance Costs associated with the additional system components: Call Center, E-fax, and Conference Bridge. VI.B IVR/IWR System 1. System Hardware This section should include prices for all of the tangible, physical equipment required for the installation and operation of the basic twelve (12) port IVR/IWR system with touchtone access, web access, and optional speech recognition capability. The costs of design, configuration and installation are not to be included in this section. 2. System Software As proposed, the system must be fully-licensed for the proposed Jury Service application software for the basic touchtone voice interface and the web interface. The base proposal should include system administration software and any other software required to support the required application. 3. Development and Installation Professional Services Vendors must include pricing for all consulting, development, installation and support services to create and deploy a working Jury Services IVR/IWR Application customized to the needs of the Santa Barbara Superior Court. 4. Options and Additions Vendors are to provide pricing for the Options and Additions as listed. If any of the listed items are included as components of the basic system, at no additional cost, that should be noted. 5. Ongoing Support Costs In this section, vendors are to provide pricing for the specific service support options requested, by year and by hour. For the System Service Support Agreement, vendors should assume that the agreement covers system hardware repair and replacement coverage, onsite and remote service support for system failures and operating problems, and regular software patches/maintenance. Periodic major software upgrades may be excluded, but if that is part of the ordinary service offering, or is required as a condition of software licensing, it should be noted. The pricing requested in this section is for a twelve (12) month agreement. Longer-term agreements may be proposed as an option Page 31 of 33

32 Santa Barbara Superior Court Voice Communications System RFP 6. Additional Applications Vendors are invited to propose software applications that can run concurrently on the proposed hardware/software platform proposed for the Jury application. Those applications would replace the existing IVR/IWR application for Traffic and Criminal Case information and fine and fee payment in the future. VII. ATTACHMENTS Attachment A Vendor Certification Form (included in this document) Attachment B Data Network Diagram (to be provided after execution of Non-Disclosure Agreement) Attachment C Data Network Equipment List (to be provided after execution of Non-Disclosure Agreement) Attachment D Schematic Diagram of Proposed Voice Network Attachment E Diagram of Existing IVR/IWR System (to be provided after execution of Non- Disclosure Agreement) Attachment F Sample Jury Services IVR Application Diagram Attachment G1 Pricing Spreadsheet Telephone System Attachment G2 Pricing Spreadsheet IVR/IWR System Attachment H Standard Contract Attachment I Environmentally Preferable Purchasing Worksheet Attachment J - Floor Plans of Court Locations (to be provided after execution of Non-Disclosure Agreement) Attachment K Inventory of Existing PBX Extensions (to be provided after execution of Non- Disclosure Agreement) 4-05 Page 32 of 33

33 Santa Barbara Superior Court Voice Communications System RFP ATTACHMENT A VENDOR CERTIFICATION FORM I certify that neither (Proposer) nor any of its proposed subcontractors are currently under suspension or debarment by any state or federal government agency, and that neither Proposer nor any of its proposed subcontractors are tax delinquent with the State of California. I have listed all contracts with government or commercial customers during the five (5) years preceding submission of this Proposal. I acknowledge that if Proposer or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Proposer or any of its subcontractors subsequently become delinquent in California taxes, our Proposal may be disqualified. Signature Printed Name Title Date 4-05 Page 33 of 33

34 Santa Barbara Court Schematic Diagram of New Voice Communications Network Santa Maria Campus 312 E. Cook Street, Santa Maria Bldg C Bldg E Bldg D Bldg F Exhibit D Voice Communications RFP February 5, 2008 Bldg G Bldg H Juvenile Hall 624 W. Foster Road Santa Maria Mediation Services 201 S. Miller St. Santa Maria New CalNet Analog DID Trunks with 20 DID s New 2 Way Analog Trunks New CalNet T1/PRI s with 300 DID s New CalNet Analog DID Trunks with 20 DID s Lompoc Courthouse 115 Civic Center Plaza Lompoc 70 Miles Solvang Courthouse 1745 Mission Drive Lompoc New 2 Way Analog Trunks Juvenile Hall 4500 Hollister Avenue, Santa Barbara New CalNet T1/PRI s with 300 DID s LEGEND Existing Data Redundant Fiber/LAN Existing Data Pt Pt T1 Santa Barbara Historic Courthouse 1100 Anacapa Street Santa Barbara Jury Assembly Building 1108 Santa Barbara Street Santa Barbara NEW Voice T1/PRI NEW Voice Analog Trunks Figueroa Division 515 S. Figeuroa Street Santa Barbara NEW Voice Analog DID Trunks Page 1 of 1

35 Santa Barbara Court Jury Service -- Sample Call Flow with IVR Attachment F - Call Flow with IVR Level 1 Message #01 You have reached the Santa Barbara Court office for Jury Service. To Continue in English Press 1. Para continuar in Espanol, oprime el numero Dos. (For rotary-dial telephones, transfer to ext XXXX after 10 seconds hold) Go to Message #03 - Spanish Level 2 English Message #02 - English Please choose from one of the following four options: For instructions and information about appearing for jury service, Press 1. To request a deferment of jury service, Press 2. If you have lost or misplaced your summons, Press 3. For information on disqualification from Jury Service Press 4. If this is a medical or family emergency involving a sworn juror currently in a trial or a juror currently in the Jury Assembly Room, Press 0. Transfer to Main Attendant xxxxx Level 3 IVR Branch #1 - Appearance IVR Branch #2 - Deferment IVR Branch #3 - Lost Summons Message #04 Message #05 Information Only If you have not received a summons and If you have received a jury summons by mail and are Text to be provided would like to hear recorded general calling to request a deferment or postponement of information about jury service, Press 0 now. jury service, you must first locate the 9-digit number [Transfer to recorded info] that appears on the upper, right-hand corner of the IVR Branch #4 - Disqualification/Excused If you have received a jury summons by mail juror badge that is attached to your summons. Your Information Only and are calling to find out if you are required unique 9-digit identification number is printed in black You may request to be disqualified or excused to appear at the Courthouse, you must type just below the bar codes on your juror badge. from jury service for any one of the following reasons: first locate the 9-digit number that appears Using the keypad on your telephone, please enter that o You are not a United States citizen. on the upper right-hand corner of the juror number now. o You are under 18 years of age. badge that is attached to your summons. [Collect 9-digit Participant number] o You do not have sufficient knowledge of the Your unique 9-digit identification number is Thank-you. For verification, please enter the four English language to act as a trial juror. printed in black type just below the bar numbers of the year you were born. For example, o You have been convicted of a felony or malfeasance in codes on the juror badge. Using the keypad example, if you were born in nineteen-sixty, enter office and your rights have not been restored. on your telephone, please enter that the numbers 1,9,6 and 0 on your telephone keypad. o You are the subject of a conservatorship. number now. [Collect 4 digit number. Verify both numbers in data o You are currently serving as a Grand Juror in Santa Barbara County. [Collect 9-digit Participant number] base. Attempt to verify twice. After 2 failures, You may be excused from jury without a written Doctor's Thank-you. For verification, please enter the transfer to recorded info. excuse if you are over the age of 70 years and unable to serve four numbers of the year you were born. For If verified and Deferments =3, play due to medical reasons. If you under the age of 70 years, a example, if you were born in nineteen-sixty, Your request has been denied because you have a specific written Doctor's excuse is required for a permanent enter the numbers 1,9,6,0. On your already been granted 3 deferrals. You must now appear excuse due to medical reasons. Active duty peace officers may telephone keypad. for jury service as ordered. also be excused from Jury Service. If you believe that any of [Collect 4 digit number. Verify both numbers [Transfer to Appearance Level 4, #06]. these conditions apply to you, this information must be indicated in data base. on your summons by checking the appropriate box, signing Attempt to verify twice. After 2 failures, If verified and Deferments <3, transfer to Deferment under penalty of perjury, and returning to the address transfer to recorded info. Level 4, #07.] indicated on the summons. If verified, go to Level 4 Appearance, #06] Page 1 of 4

36 Attachment F - Call Flow with IVR Level 4 -- Appearance Message #06 Thank-you. If you would like to hear information about appearing at the CourtHouse for Jury Service, Press 1. If you have missed a required appearance for any reason, Press 2. If you are calling on behalf of someone else, such as a parent, child, or other relative, Press 3 Branch 1.1 Appearance - Current Status Branch 1.2 Appearance - Missed Date Branch 1.3 Appearance - 3rd Party [If Participant number is shown as No Appearance INFORMATION ONLY INFORMATION ONLY Required - Dismissed, play ] If you received a summons for jury duty and did not If you received a summons for someone at your Thank-you. You do not need to report for Jury Service. appear as instructed because you forgot, were ill, address who is deceased or has moved and no At this time you have fulfilled your jury service for the were away on vacation, or for some other reason, longer lives at this address, this information must year. You may be summoned again after one year. you will have been recorded as a Failure to Appear. be indicated on the summons by checking the [If Participant number is shown as No Appearance Pursuant to California Code, any juror who fails to appropriate box, signing under penalty of perjury, Required - Hold, play ] respond to a jury summons as directed may be found and returning to the address indicated on the Thank-you. You do not need to report for Jury Service in contempt of court, punishable by fine, incarceration, summons. If you are calling because your child on [DATE] as previously ordered. You are now ordered or both. You will receive a new summons directing you is away at school out of the County, you may act to call back on [DATE] after [TIME] for possible to appear for Jury Service. You Failure to Appear on behalf of your child by signing the summons appearances during the week. record will be vacated upon with your appearance for your child and indicating when he or she could [If Participant number is shown as Appearance on the newly scheduled date. serve in the future. You must supply in writing Required, play ] the address of where the child is currently living, Please listen carefully to the following message. which is verified under penalty of perjury by your Absolutely no knives, scissors, metal fingernail files, signature on the summons. Send the signed screwdrivers, wallet chains or anything that might summons form to the address indicated on the possibly be used as a weapon are allowed inside the form. Court building. Please leave these items at home. The Courts use Airport-style metal detectors and all jurors must pass through security inspection. Your Jury Summons includes a parking voucher that allows you to park all day in any 2 or 3 hour spot on the street or in City public parking lots. Do not park in the Library, County Administration Building or Hall of Justice parking lots. Do not park in any spaces designated by the City as permit parking only. Off-street parking can be found Street garages. Please remember to place the parking voucher on the dash of your car. Also note that no child care is available and that proper attire is required. Shorts and tank tops are not permissible. Your summons contains additional information on parking transportation, mileage reimbursement, and juror fees. You must report for Jury Service as ordered on your summons. Page 2 of 4

37 Attachment F - Call Flow with IVR Level 4 -- Deferment Message #07 You may request a deferment or postponement of jury service up to 3 times. Unless you have exceeded the limit of 3, a deferment of up to 90 days will be automatically granted. All requests for deferments beyond 90 days must be made in writing. Please note that jury service normally starts on Monday unless that day is an official government Holiday. In those weeks, jury service starts on Tuesday. However, jurors are occasionally summoned for other days of the week. To request a deferment, choose from one of the following three options: To pick a specific date within the next 90 days when you would like to server, Press 1. To be assigned a date approximately 60 days from now, Press 2. To be assigned a date approximately 90 days from now, Press 3. Branch Deferment - Pick a Date Branch Deferment - 60 days Branch Deferment - 90 days Thank you. Please select a date within the next 45 to Thank you. You are now scheduled for Jury Duty on Thank you. You are now scheduled for Jury Duty on 90 days when you would like to serve. First enter the [DATE]. [DATE]. month as a 2-digit number. For example January is 01, You will receive a new jury summons by mail You will receive a new jury summons by mail June is 06, December is 12. approximately 3-4 weeks prior to your actual approximately 3-4 weeks prior to your actual [Collect 2-digit number] appearance date. appearance date. Than-you. Now enter the day as a 2-digit number. [Add Participant number to summons file for that date] [Add Participant number to summons file for that date] [Collect 2-digit number. Check requested date. If available play announcement ] Thank you. You are now scheduled for Jury service on [Date]. You will receive a new summons by mail approximately 3-4 weeks prior to your actual appearance date. [Add Participant number to summons file for that date] OR I'm sorry that date is not available. Press 1 to enter another date [start over], or press 2 to be automatically assigned a new date. [transfer to Branch 2] Page 3 of 4

38 Santa Barbara Superior Court Jury Service -- Call Flow with IVR - Spanish Attachment F - Call Flow with IVR Level 1 Message #01 You have reached the Court office for Jury Service. To Continue in English Press 1. Para continuar in Espanol, oprime el numero Dos. (For rotary-dial telephones, transfer to extxxxx after 10 seconds hold) Level 2 Message #03 - Spanish Spanish Buenos Dias. IN SPANISH: You have reached the Court office for Jury service. For your convenience this system will provide basic information in Spanish. Please select from on of the following three options: If you have received a jury summons by mail and are calling to find out about appearing for jury service, Press 1 now. If this is a medical or family emergency involving a sworn juror currently in a trial or a juror currently in the Jury Assembly Room, Press 2 now. If you are calling because you have lost or misplaced your summons, press 3. Level 3 IVR Branch #4 - Disqualification: IN SPANISH Thank you. You may request to be disqualified or excused from jury service for any one of the following reasons: o You are not a United States citizen. Transfer to recorded instructions Transfer to Bi-lingual employee o You are under 18 years of age. in Spanish ACD queue. o You do not have sufficient knowledge of the English language to act as a trial juror. o You have been convicted of a felony or malfeasance in office and your rights have not been restored. o You are the subject of a conservatorship. o You are currently serving as a Grand Juror in County You may be excused from jury without a written Doctor's excuse if you are over the age of 70 years and unable to serve due to medical reasons. If you are under the age of 70 years a specific written Doctor's excuse is required for a permanent excuse due to medical reasons. Active duty peace officers may also be excused from Jury Service. If you believe that any of these conditions apply to you, this information must be indicated on your summons by checking the appropriate box, signing under penalty of perjury, and returning to the address indicated on the summons. If NONE of these conditions apply to you, Press 1. [Transfer to Level 2, #02] Press 0 to return to the previous menu. Page 4 of 4

39 Santa Barbara County Court - Voice Communications System RFP - Pricing Section VI. A. - Telephone System Vendor: Units Price per Total Installation Total Install Total Product Name Total Quantity Required Unit Cost Cost/Unit Cost Cost 1. Base Telephone System Hardware and/or Model Required A B A * B = C D A * D = E C + E NOTES 1.1 Base switch hardware (AC Power) 600 Stations $ - $ - $ - $ - $ ISDN-PRI Interface with CSU/DSU 6 $ - $ - $ - $ - $ Analog LS/GS Trunk Interfaces 24 $ - $ - $ - $ - $ IP Station Interfaces 450 $ - $ - $ - $ - $ Analog Station Interfaces 80 $ - $ - $ - $ - $ Integrated Announcement Board Vendor spec $ - $ - $ - $ - $ Message on Hold Integration Vendor spec $ - $ - $ - $ - $ Voic System Base Hardware Vendor spec $ - $ - $ - $ - $ Unified Messaging Hardware Vendor spec $ - $ - $ - $ - $ Call Accounting System Hardware Vendor spec $ - $ - $ - $ - $ Voic Integration Hardware Vendor spec $ - $ - $ - $ - $ Cables, terminals, modems, etc. Vendor spec $ - $ - $ - $ - $ Overhead paging Integration Vendor spec $ - $ - $ - $ - $ Power-Fail Transfer Units 7 Locations $ - $ - $ - $ - $ UPS Units - 4 hour Run Time Vendor spec $ - $ - $ - $ - $ Music/Message on Hold Source Vendor spec $ - $ - $ - $ - $ Cisco Data Switches WS-C PWR 3 $ - $ - $ - $ - $ - Sub-total System Hardware $ - 2. Telephone System Software 2.1 Base switch software 1 $ - $ - $ - $ - $ Switch networking software Vendor spec $ - $ - $ - $ - $ System administration software Vendor spec $ - $ - $ - $ - $ ISDN-PRI/T1 software 6 $ - $ - $ - $ - $ Analog LS/GS Trunk Licenses 24 $ - $ - $ - $ - $ IP Extension/User software license 450 $ - $ - $ - $ - $ Analog Extension/User software license 80 $ - $ - $ - $ - $ Base voic system software - boxes 600 $ - $ - $ - $ - $ Unified Messaging software licenses 400 $ - $ - $ - $ - $ Call Accounting System software Vendor spec $ - $ - $ - $ - $ - Sub-total System Software $ - 3. Telephones 3.1 Standard IP Phone w/display 320 $ - $ - $ - $ - $ Executive IP Phones w/display 75 $ - $ - $ - $ - $ Busy Lamp Field Boxes 2 $ - $ - $ - $ - $ Basic Non-Display IP Telephone 0 $ - $ - $ - $ - $ - Sub-total Telephones $ - Sales 7.75% $ - $ - TOTAL SYSTEM HARDWARE, SOFTWARE, AND INSTALLATION $ - Attachment G1 4. Professional Services - Telephone System 4.1 Design consultation for telephone system 40 Hours 40 $ - $ - $ Project management for telephone system installation Vendor spec $ - $ - $ Consulting and assistance with data network changes 24 Hours 24 $ - $ - $ User training for telephone system 3 days 24 $ - $ - $ System Administrator training for telephone system 4 Hours 4 $ - $ - $ - Sub-total Professional Services $ - Grand Total - TELEPHONE SYSTEM AND SERVICES $ - 5. Call Center 5.1 ACD System Hardware Vendor spec $ - $ - $ - $ - $ ACD System Software Vendor spec $ - $ - $ - $ - $ Call Center Reporting System Hardware Vendor spec $ - $ - $ - $ - $ Call Center Reporting System Software Vendor spec $ - $ - $ - $ - $ Call Center Agent Software Licenses 40 $ - $ - $ - $ - $ Supervisor Desktop Client Software 15 $ - $ - $ - $ - $ Desktop "wallboard" software for PC 15 $ - $ - $ - $ - $ - Sub-total Call Center Equipment $ - Sales 7.75% $ - $ - Total Call Center Equipment $ Design consultation for Call Center application 8 Hours 8 $ - $ - $ Call Center System Installation Vendor spec $ Project management for Call Center development Vendor spec $ - $ - $ User and Supervisor Training for Call Center applications 8 Hours 8 $ - $ - $ - Sub-total Call Center Professional Services $ - TOTAL CALL CENTER SYSTEM HARDWARE, SOFTWARE, AND INSTALLATION $ - 6. e-fax Desktop Fax System 6.1 E-Fax System Hardware Vendor spec $ - $ - $ - $ - $ E-Fax System Software Vendor spec $ - $ - $ - $ - $ E-Fax Desktop/User Software Licenses 400 $ - $ - $ - $ - Sub-total Call Center Equipment $ - Sales 7.75% $ - $ - Total e-fax Equipment $ e-fax System Installation Vendor spec $ - $ Project management for e-fax development Vendor spec $ - $ - $ User and Sys Admin Training for e-fax applications 8 Hours 8 $ - $ - $ - Sub-total Call Center Professional Services $ - TOTAL e-fax SYSTEM HARDWARE, SOFTWARE, AND INSTALLATION $ - Page 1 of 1 Proprietary and Confidential

40 Santa Barbara County Court - Voice Systems RFP - Section VI. B. - IVR/IWR System Pricing Vendor Name: Attachment G2 Price Total 1. System Hardware Requirement per Unit Units Price Vendor Not 1.1 System Server Vendor Spec $ - 1 $ Network Interface Card to LAN (if not bundled with server) 10/100 switched $ - 1 $ Voice Processing cards that interface to proposed voice system 12 ports $ - Vendor Spec $ Back-up system (tape, disc, or alternative) 2 hour restoral $ - $ - Sub-total Hardware $ - 2. System Software - IVR and IWR 2.1 Operating System Software for Server (may be bundled with server) Vendor Spec $ - 0 $ Basic System Software - 12 simultaneous voice ports Vendor Spec $ - 0 $ Jury Service application software (English and Spanish) Vendor Spec $ - 0 $ System Admin Software License Vendor Spec $ - 0 $ Spanish Language Software License Vendor Spec $ - 0 $ Other Software component Vendor Spec $ - 0 $ - Sub-total Software $ - Sales 7.75% $ - SYSTEM HARDWARE AND SOFTWARE TOTAL $ - 3. Development and Installation Professional Services $/Hour Hours 3.1 Installation of software components on server $ - 0 $ Installation of interface boards into server $ - 0 $ Application development or customization for Santa Barbara Court needs $ - 0 $ Installation and initial deployment of Jury Service IVR/IWR application $ - 0 $ Server installation on-premise. Inter-connection to LAN and Telephone System $ - 0 $ Testing, revision, and documentation of IVR/IWR application $ - 0 $ Implementation and post-cutover support $ - 0 $ - Sub-total Prof Services $ - TOTAL PROPOSED IVR/IWR SYSTEM $ - 4. Options and Additions Price Units Vendor Notes 4.1 Additional interface boards for integration to voice system Same as above $ Additional hardware required to support Text-to-Speech Vendor spec $ Text-to-Speech Software 4 ports $ Speech recognition software license for proposed system. (12 ports) Vendor Spec $ Additional system software licenses for 4 port capacity increases 4 ports $ Development Software License for development lab Vendor spec $ - 5. Ongoing Support Costs Price 5.1 On-site service support - 5 days, normal business hours, 2 hour response $ - Per Year 5.2 On-site service support - 7 days x 24 hours, 2 hour response $ - Per Year 5.3 Applications software support and/or upgrade agreement $ - Per Year 5.4 Remote service support - per hour $ - Per hour 5.5 On-site service support not covered by service agreement - per hour $ - Per hour 5.6 Applications development consulting, Post-cutover - per hour $ - Per hour 6. Additional Applications - OPTIONAL Price Units Vendor Notes 6.1 Traffic Fine On-Line Payments Vendor spec $ Criminal Fine On-Line Payments Vendor spec $ - Page 1 of 1 Proprietary and Confidential

41 Santa Barbara Court Voice RFP Attachment H Agreement between Superior Court of California, County of Santa Barbara and [insert name of Contractor] This Agreement is made between [insert name of Contractor], [insert Contractor s address], [insert State], [insert zip code] ( Contractor ) and the Superior Court of California, County of Santa Barbara, an entity of the State of California ( Court ). Background The Court issued an RFP on [date] requesting proposals from highly qualified vendors with expertise in providing a new telephone and IVR system, professional services for design and installation of the system, and ongoing support and maintenance services. The new systems are being implemented to provide features and functionality that will be needed by the Court to improve staff efficiency and upgrade service to the public using advanced communications technology. [Contractor Name] has been chosen to supply the new systems and will be responsible to design and implement the new system for the three Court locations In consideration of their mutual promises, and subject to the attached terms and conditions, the parties agree as follows: 1. Term and Effective Date of Agreement This Agreement shall be effective from [insert effective date] through [insert end date], unless otherwise terminated. This Agreement is of no force or effect until signed by both parties. Contractor shall not perform any of its obligations under this Agreement, until this Agreement is fully executed. 2. Contract Documents Incorporated into this Agreement are the following attachments (collectively, the Contract Documents ): (1) this Contract Cover Sheet(s); (2) Exhibit A Definitions (Rev0405); (3) Exhibit B 1 General Terms and Conditions Consulting (Rev0405); (4) Exhibit B 2 Supplemental Terms and Conditions; (5) Exhibit C Payment Terms; (5) Exhibit D Statement of Work; and (6) Exhibit E, Attachments (including Attachment 1, Acceptance and Sign off Form, and Attachment 2, AOC Travel Rate Guidelines). In the event of a conflict between the terms of the Contract Documents, the following order of precedence shall govern and shall determine which terms will prevail : Exhibit B 1 General Terms and Conditions; Exhibit B 2 Supplemental Terms and Conditions, Exhibit C Payment Terms; Exhibit D Statement of Work; and Exhibit E Attachments. [Adjust the order of precedence if necessary.] Any Amendments to this Agreement, starting with the most recent, shall take precedence over the existing Contract Documents. In the event of a conflict between an Amendment and the terms of any other Contract Document, the terms of the Amendment shall prevail. 3. Contract Amount As set forth further in Exhibit C, Payment Provisions, the Contract Amount shall not exceed [insert not to exceed amount of contract].. 3. Representatives: A. Notices: Notices, as may be required in the Agreement, will be provided to the following: TCK 0405 CS Rev.0405 Page CS 1

42 Santa Barbara Court Voice RFP Attachment H COURT: [Insert name of individual to receive notices] [Insert title of individual] [Insert street address (NOT A PO BOX) for notice] [Insert State and zip code] CONTRACTOR: [Insert name of individual to receive notices] [Insert title of individual] [Insert street address (NOT A PO BOX) for notice] [Insert State and zip code] B. Project Management: The roles and responsibilities of the Court s Project Manager and the Contractor s Project Lead, named below, are outlined in the Agreement. COURT PROJECT MANAGER [Insert name of individual to receive notices] [Insert title of individual] [Insert street address (NOT A PO BOX) for notice] [Insert State and zip code] CONTRACTOR PROJECT LEAD [Insert name of individual to receive notices] [Insert title of individual] [Insert street address (NOT A PO BOX) for notice] [Insert State and zip code] SIGNATURES Superior Court of California, County of Santa Barbara Signature: [Insert name of Contractor] Signature: Name: Name: Title: Title: Date: Date:: End of Contract Cover Sheet TCK 0405 CS Rev.0405 Page CS 2

43 Santa Barbara Court Voice RFP Attachment H Definitions 1. Administrative Office of the Courts (AOC): staff agency to the Judicial Council of California, the policy making body of the California court system. 2. Agreement: entire integrated agreement, including all Contract Documents, Exhibits, Attachments, and Amendments incorporated therein, signed by Court and Contractor, for performance of the Work. 3. Amendment: written Contract Document issued by Court, and signed by both Contractor and Court, modifying the Agreement and identifying any of the following: (1) change in the Work; (2) change in Contract Amount; (3) change in schedule for delivery and performance of Work; or (4) any change to other terms and conditions. 4. Appropriation Year: authorized period of time for government spending for a defined purpose. The Appropriation Year for state funded agreements ends on June 30th of each year. The Appropriation Year for federally funded agreements ends on September 30th of each year. 5. Confidential Information: (i) any financial, statistical, personal, technical, or other data or information that is designated confidential by a party to this Agreement, (ii) all information related to the business of the Court that may be obtained orally, in writing, or from any source, or on any Court mainframe, Court or judicial branch computer network or workstation, and all software, whether owned or licensed by Court and whether accessed by Contractor by direct or remote access method, (iii) any information relating to the methods, processes, financial data, lists, apparatus, statistics, programs, research, development, or related information of the Court concerning the past, present, or future official business and/or the results of the provision of services to the Court, and (iv) information relating to Court personnel and Court users. Confidential Information does not include: (i) information that is already known by the receiving party, free of obligation of confidentiality to the disclosing party; (ii) information generally and lawfully available to the public, other than as a result of disclosure by the receiving party in breach of this Agreement; (iii) information independently developed by the receiving party without reference to the Confidential Information; and (iv) information that the receiving party rightfully obtains from a Third Party free of the obligation of confidentiality to the disclosing party. 6. Contract Amount: total dollar amount of the contract. 7. Contractor: individual or entity, contracting with Court to do the agreed Work. Contractor is a party to this Agreement. 8. Court: Superior Court of California, as indicated on the Contract Cover Sheet. Court is a party to this Agreement. 9. Data: information, including, but not limited to, articles, papers, charts, records, reports, studies, research, memoranda, computation sheets, questionnaires, surveys, and other documentation. 10. Deliverable: hardware, software, firmware, documentation, services or other items, specified in the Agreement, that Contractor shall complete and deliver or submit to Court. TCK 0405 CS Rev.0405 Page CS 3

44 Santa Barbara Court Voice RFP Attachment H 11. Judicial Branch Entity: State of California public entity that includes any superior court, any court of appeal, the Supreme Court of California, the Judicial Council of California, or the Administrative Office of the Courts, as defined in California Government Code Material: all types of tangible personal property, including but not limited to goods, supplies, equipment, commodities, and information and telecommunication hardware and software. 13. Notice: written document signed by an authorized representative of either party to this Agreement, providing formal notification and sent by either: (1) depositing in the U. S. Mail or commercial express mail, prepaid, to the address of the authorized representative of the other party. Notice will be effective on the post marked date; or (2) hand delivery to the other party s authorized representative, as set forth in the Agreement. This Notice shall be effective on the date of receipt. 14. Project Lead: Contractor s representative who will operate as the main interface with the Court regarding the Work to be performed under this Agreement. 15. Project Manager: Court representative who will operate as the main interface between Contractor and the Court regarding the Work to be performed under this Agreement. 16. Stop Work Order: written notice to Contractor from Court, directing Contractor to stop performance of Work for a period of ninety (90) days following delivery of the order to Contractor, or for a longer period by mutual agreement of the parties. 17. Subcontractor: a person or business entity that has a contract (as an "independent contractor" and not an employee) with Contractor to provide some portion of the Work of this Agreement. 18. Task: one or more functions, services, or actions, as specified in the Agreement, to be performed by Contractor for the Court 19. Third Party: any individual or entity not a party to the Agreement. 20. Work: any or all labor, services, Deliverables, equipment, supplies, Materials, Tasks, and any other items or activities necessary for the performance and completion of Contractor s obligations in compliance with the requirements of the Agreement. Work may also includes Tasks, Deliverables, and/or Submittals required by individual work order(s). TCK 0405 CS Rev.0405 Page CS 4

45 Santa Barbara Court Voice RFP Attachment H General Terms and Conditions 1. Accounting Contractor will maintain a system of accounting and internal controls that meets Generally Accepted Accounting Principles (U.S. GAAP). 2. Audit; Retention of Records A. Audit. Upon reasonable notice, Contractor will provide to Court, to any federal or state entity with monitoring or reviewing authority, or to Court s authorized representatives, access to and the right to examine and audit all records and documents relating to performance and billing under this Agreement, and, as necessary, to determine compliance with relevant federal, state, and local statutes, rules, and regulations. Contractor agrees to provide Court with all relevant information requested, and will permit access to its premises at reasonable times, for the purpose of interviewing employees and inspecting and copying any relevant records. B. Retention of Records. Contractor will maintain all financial Data, supporting documents, and all other records relating to performance and billing under this Agreement for a period in accordance with state and federal law. The minimum retention period will be four years from the date of the submission of the final payment request or until audit findings are resolved, whichever is later. 3. Assignment Contractor will not assign its rights or obligations under this Agreement, either in whole or in part, without the prior written consent of Court, in the form of an Amendment. 4. Choice of Law; Jurisdiction and Venue A. Choice of Law. This Agreement and performance under it will be exclusively governed by the laws of the State of California without regard to its conflict of law provisions. B. Jurisdiction and Venue. Contractor irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California in any legal action concerning or relating to this Agreement. 5. Certifications and Representations Contractor s signature on the cover page shall also serve as certification for the following paragraphs, A F. A. ADA Compliance. Contractor certifies that it and its Subcontractors comply with applicable provisions of the Americans with Disabilities Act ( ADA ) of 1990 (42 U.S.C. Sections et seq.), which prohibits discrimination on the basis of disability, as well as with all applicable regulations and guidelines issued pursuant to the ADA. B. FEHA Compliance. Contractor certifies that it and its Subcontractors comply with all applicable provisions of the Fair Employment and Housing Act, Calif. Gov. Code, et seq., and all applicable regulations promulgated under Calif. Code of Regulations, title 2, 7285 et seq. Contractor certifies that it and its Subcontractors will not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, disability, marital status, age (over 40), sex, or sexual orientation. Contractor will ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor certifies that it and its Subcontractors will not unlawfully harass, including sexually harass, any persons with whom Contractor or its Subcontractors interact in the performance of TCK 0405 CS Rev.0405 Page CS 5

46 Santa Barbara Court Voice RFP Attachment H this Work. Contractor and its Subcontractors will take all reasonable steps to prevent such harassment. C. Drug free Workplace. Contractor certifies that it and its Subcontractors will provide a drugfree workplace as required by Calif. Gov. Code, D. Labor/Collective Bargaining. Contractor certifies that it and its Subcontractors will provide notice of their obligations under the foregoing provisions to labor organizations with which it or they have collective bargaining agreements, prior to execution of this Agreement. E. National Labor Relations Board (NLRB) Certification. Contractor certifies that, within the immediately preceding two year period, no more than one final, unappealable finding of contempt of court by a federal court has been issued against Contractor because of Contractor's failure to comply with an order of the National Labor Relations Board. F. Prohibition Against Hiring Court Employees. Contractor certifies and will require all Subcontractors to certify to the following: Former Court employees will not be offered employment position for two years from the date of separation, if that employee participated in the decision making process relevant to the Agreement, or for one year from the date of separation if that employee was in a policy making position in the same general subject area as the proposed Agreement, within the prior twelve month period of Court employment. 6. Changes in Work; Stop Work A. Changes in Work. A.1. Court reserves the right to require Contractor to make changes in the Work, as set forth in Exhibit D, Statement of Work, which may include additions, deletions, or modifications to the Work, or changes in the timing or level of effort for the Work. A.2. For any change proposed by Court or Contractor, Contractor will submit in writing: a) a description of the proposed change and the reasons for the change; b) a summary of the total compensation to be paid Contractor with a breakdown of tasks and costs, including any reduction in work or costs resulting from the change; and c) a statement of the expected impact on schedule. A.3. If Court and Contractor agree on a change, Court will issue an Amendment documenting the change, for the parties execution. A.4. If the parties cannot agree to the terms of a change, Contractor will proceed diligently with Work unless otherwise directed by Court, and any continuing disagreement will follow the process set forth in the provisions entitled Dispute Resolution. Contractor should not proceed with any change prior to receiving a written directive or Amendment from Court. All costs for changes performed by Contractor without Court s prior written approval will be at Contractor s sole risk and expense. B. Stop Work. B.1. Court may, at any time, by delivery of a written Stop Work Order to Contractor, require Contractor to stop any or all of the Work, for ninety days after the Stop Work Order is delivered to Contractor, and for any further period to which the parties may agree. B.2. Upon receipt of the Stop Work Order, Contractor will immediately comply with its terms and take all reasonable steps to minimize the costs incurred to Court during the applicable Stop Work period. Within ninety days after a Stop Work Order is delivered to Contractor, or within any mutually agreed extension of that period, Court will either cancel the Stop Work Order or terminate the Work, as provided in Section 21 (Termination). TCK 0405 CS Rev.0405 Page CS 6

47 Santa Barbara Court Voice RFP Attachment H TCK 0405 CS Rev.0405 B.3 If a Stop Work Order is cancelled, or the period of the Stop Work Order or any extension thereof expires, Contractor will resume Work. Court may make an equitable adjustment in the delivery schedule, the Contract Amount, or both, if (a) the Stop Work Order increases Contractor s costs or the time required for performance; and (b) Contractor asserts its right to an equitable adjustment within thirty days after the end of the applicable Stop Work period. B.4 If a Stop Work Order is not canceled and the Work covered by the Stop Work Order is terminated other than for cause, Court may allow reasonable costs resulting from the Stop Work Order. B.5 Court will not be liable to Contractor for loss of profits because of any Stop Work Order. 7. Confidential Information A. Requirements of Strict Confidence. While performing Work under this Agreement, Contractor and its Subcontractors may gain access to Confidential Information that, if disclosed to Third Parties, may be damaging to Court, its personnel, court users, or other government entity. Neither Contractor nor its Subcontractors acquires any right or title to the Confidential Information, and Contractor and its Subcontractors agree not to disclose any Confidential Information to any Third Party. All Confidential Information disclosed to Contractor or its Subcontractor will be held in strict confidence and used only in performance of Work under this Agreement. In the event of any unauthorized disclosure or loss of Confidential Information, Contractor will immediately provide Notice to Court, with pertinent details of the unauthorized disclosure or loss, and any remedial measures taken. B. Permissible Disclosures. Contractor may disclose Court s Confidential Information on a need to know basis to Contractor s employees and Subcontractors and any representatives of Court that are working on the project. Additionally, Contractor may disclose the Confidential Information, to the extent necessary to (i) comply with any applicable law, rule, regulation, or ruling; (ii) respond to any enforceable summons or subpoena; or (iii) enforce its rights under this Agreement. 8. Conflict of Interest; Prohibition Against Gratuities A. Conflict of Interest. A.1 Contractor covenants that it and its Subcontractors presently have no interest, and will acquire no interest, which would directly or indirectly conflict in any manner or to any degree, with the full and complete performance required under this Agreement. Contractor further agrees to submit full disclosure statements, if required by law to do so, pursuant to the requirements of the California Fair Political Practices Act or any other applicable federal or state law, regulation, or conflict of interest code. A.2 Contractor and its Subcontractors and employees will not participate in proceedings that involve the use of Court funds or that are sponsored by Court if the Contractor, its Subcontractors, or their employees, principals, partners, family members, or organizations have a financial interest in the outcome of the proceedings. A.3 Contractor and its Subcontractors and employees will not engage in actions resulting in, or creating the appearance of: a) use of an official position with the government for private gain; b) preferential treatment to any particular person associated with this Work or Agreement; c) impairment of Court s independence or impartiality; Page CS 7

48 Santa Barbara Court Voice RFP Attachment H TCK 0405 CS Rev.0405 d) a decision made outside official channels; or e) adverse effects on the confidence of the public in the integrity of Court. B. Prohibition Against Gratuities. B.1 Contractor covenants that no gratuities, in the form of entertainment, gifts, or otherwise, were offered by Contractor or any agent, director, or representative of Contractor, to any officer, official, agent, or employee of Court, in an effort to secure the Agreement or favorable treatment with respect to any determinations concerning the performance of the Agreement. B.2 For any breach or violation of this covenant, Court has the right to terminate the Agreement for cause, wither whole or in part. Any loss or damage sustained by Court in procuring, on the open market, replacement goods or services that Contractor agreed to provide, will be borne and paid for by Contractor. Court s rights and remedies under this provision are in additional to any other rights and remedies provided by law or under this Agreement. 9. Consideration The consideration paid to Contractor is the entire compensation for all Work performed under this Agreement, including all of Contractor's expenses incurred, such as travel and per diem expenses, unless otherwise expressly provided, as set forth in Exhibit C (Payment). A. Payment Does Not Imply Acceptance of Work. Court s payment will not relieve Contractor from its obligation to replace unsatisfactory Work, even if the unsatisfactory character of such Work may have been apparent or detected at the time such payment was made. Work, Data, or components that do not conform to requirements of this Agreement will be rejected, and will be replaced by Contractor, without delay or additional cost to Court. 10. Contractor Status A. Independent Contractor. A.1 Contractor, Subcontractors, and their officers, agents, employees, and all others acting on behalf of Contractor for this Work, act as independent contractors and not as Court agents, officers or employees. Contractor has no authority to bind or incur any obligation on behalf of Court. Except as expressly provided in Exhibit D (Statement of Work), Contractor has no authority or responsibility to exercise any rights or power vested in Court. A.2 This Agreement will not be considered under any circumstance to create a jointventure relationship. A.3 If any governmental entity concludes that Contractor is not an independent contractor, Court may terminate this Agreement immediately upon Notice. Alternatively, Contractor may agree to a reduction in Court s financial liability, so that Court s total costs under this Agreement do not exceed the originally contemplated amount. B. Contractor s Employees. B.1 Contractor s employees will be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring, and termination, or any other employment issues or requirements of law, will be determined by Contractor. B.2 Contractor will issue W 2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's employees, consultants, and independent contractors. B.3 If the Internal Revenue Service or any other federal or state governmental entity should investigate or challenge Contractor s independent status with respect to Court, the parties agree that (i) each will inform the other party of such investigation or challenge; and (ii) Court will have the right, but not the obligation, to participate in Page CS 8

49 Santa Barbara Court Voice RFP Attachment H any discussion or negotiation occurring with the federal or state entity, regardless who initiates such discussions or negotiations. B.4 Contractor will indemnify and hold Court harmless from all claims, costs, and liabilities resulting from third party actions alleging an employment relationship between Court and any Contractor or Subcontractor personnel. C. Exclusive Control of Means and Method of Performance. Contractor will determine the method, details, and means of performing or supplying the Work under this Agreement. Contractor will be responsible to Court only for the requirements and results specified in this Agreement and more particularly as set forth in Exhibit D Statement of Work, and will not be subjected to Court's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor will have the right to control and bear the sole responsibility for the job site conditions and safety. D. Permits, Laws, and Regulations. D.1 Contractor must observe and comply with all applicable laws, rules, and regulations affecting the Work. During the term of this Agreement, Contractor will obtain and keep in full force and effect, all permits and licenses necessary to accomplish the Work. Such permits and licenses will be made available to Court, upon request. D.2 Contractor will promptly provide Notice to Court of any conflict discovered between the Agreement and any applicable laws, rules, regulations, and/or permits and licenses, and await resolution of the conflict. If Contractor proceeds with the Work in question without resolution of the conflict, Contractor will be solely liable for any costs, fines, penalties, or damages that accrue, including costs for remedial work required to comply with such requirements. E. Subcontracting. E.1 Contractor will not engage a Subcontractor to perform any portion of this Work, without the express written consent of Court. Any subcontracting without Court s written consent is a material breach of this Agreement. E.2 Contractor warrants and represents that all Subcontractors will be subject to the same terms and conditions applicable to Contractor under this Agreement. Contractor will incorporate this Agreement as the prime agreement in any subcontracting relationship. Contractor will be liable for all Subcontractor acts or omissions, including indemnity obligations. F. Signature Authority. Contractor has all requisite power and authority to conduct its business, and to execute and perform the Agreement. 11. Dispute Resolution Court and Contractor will attempt, in good faith, to resolve any disputes informally. Contractor will meet with Court s Project Manager or other designated representative to discuss the matter and any actions necessary to resolve a dispute. A. Escalation. A.1 If a dispute remains unresolved following Notice by either party, each party s Chief Executive Officer ( CEO ) or designated representative will meet to exchange information and attempt resolution within fifteen days of the effective date of the Notice. A.2 If the matter is not resolved as set forth in section 11.A.1, the aggrieved party will submit a second Notice which will: a) provide detailed factual information; b) identify the specific provisions in this Agreement on which any demand is based; c) advise if the demand involves a cost adjustment and, if so, provide the exact amount, accompanied by all supporting records; and TCK 0405 CS Rev.0405 Page CS 9

50 Santa Barbara Court Voice RFP Attachment H d) attach a declaration that the demand is made in good faith, the supporting data are accurate and complete, and the amount requested properly reflects the necessary adjustment. Notice will be signed by an authorized representative of the aggrieved party. A.3 Each party will comply with reasonable requests for additional information. Any additional information will be provided within fifteen days after receipt of a written request, unless otherwise agreed. B. Confidentiality During Dispute Resolution. B.1 All dispute resolution negotiations are considered confidential, and will be treated as compromise and settlement negotiations, to which California Evidence Code 1152 applies. B.2 Pending final resolution of any dispute, Contractor agrees to proceed diligently with the performance of the Work, including Work associated with the dispute, unless otherwise directed by Court. Contractor s failure to diligently proceed in accordance with Court s instructions will be considered a material breach of the Agreement. 12. Force Majeure A. Force Majeure events include, but are not limited to: 1. catastrophic acts of nature, or public enemy; 2. civil disorder; 3. fire or other casualty for which a party is not responsible; and 4. quarantine or epidemic. The party asserting a Force Majeure event will immediately provide Notice to the other party of the occurrence and nature of the Force Majeure event, and its expected impact on schedule. The party claiming Force Majeure will use commercially reasonable efforts to continue or resume performance, including alternate sources or means. Contractor will have no right to additional payment for costs incurred as a result of a Force Majeure event. B. Any assertion of a Force Majeure event by Subcontractors will be attributed to Contractor. 13. Indemnification A. To the fullest extent permitted by law, Contractor will indemnify, hold harmless, and defend (with counsel satisfactory to the Court) Court and its agents, officers, and employees from and against any and all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorneys fees, arising or resulting from, or in connection with, the performance or breach of this Agreement by Contractor or its officers, employees, agents, representatives, or Subcontractors. Such indemnification will not include loss, damage, or expense arising from the sole negligence or willful misconduct of Court or its agents, officers, and employees. B. For Contractor s acts, errors, or omissions which are covered by Contractor s Professional Liability insurance, Contractor will provide the above indemnification for that proportion of damages, costs, and liabilities that are attributed to Contractor, or any of its Subcontractors, but not for Court s proportionate share of liability. C. Contractor s obligation to defend, indemnify, and hold Court and its agents, officers, and employees harmless is not limited to, or restricted by, any requirement in this Agreement that Contractor procure and maintain a policy of insurance. 14. Insurance A. General Insurance Requirements. Contractor will obtain and maintain the minimum insurance set forth in subparagraph B, below. By requiring such minimum insurance, Court will not be deemed or construed to have assessed the risks applicable to Contractor. TCK 0405 CS Rev.0405 Page CS 10

51 Santa Barbara Court Voice RFP Attachment H Contractor will assess its own risks, and if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. For full coverage, each insurance policy shall be written on an occurrence form; excepting that insurance for professional liability, when required, may be acceptable on a claims made form. If coverage is approved and purchased on a claims made basis, Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, for three years from the date of completion of the Work. B. Minimum Scope & Limits of Coverage. Contractor will maintain the following coverages: 1. Workers' Compensation at statutory requirements of the state of residency. 2. Employers' Liability with minimum limits of $1,000, for each accident. 3. Commercial General Liability Insurance with minimum limits of $1,000, for each occurrence, Combined Single Bodily Injury and Property Damage and Personal Injury. If coverage is subject to an aggregate limit, that aggregate limit will be twice the occurrence limit. 4. Business Automobile Liability Insurance with minimum limits of $1,000, for each occurrence, Combined Single Limit Bodily Injury and Property Damage, including owned and non owned and hired automobile coverage, as applicable. 5. Excess coverage, at the same limits specified for Comprehensive General Liability: Contractual Liability, Independent Contractor, Broadform Property Damage, Personal Injury, Product, and Completed Operation coverage. C. Deductibles and Self Insured Retentions. Any deductibles or self insured retentions must be declared to, and approved by, Court. The deductible and/or self insured retentions will not limit or apply to Contractor s liability to Court and will be the sole responsibility of Contractor. D. Endorsements; Additional Insureds. The General Liability policy will contain, or be endorsed to contain, the following provisions: 1. Court, its officers, officials, employees a 2. To the extent of Contractor s negligence, Contractor s insurance coverage will be primary insurance as respects Court, its officers, officials, employees and agents. Any insurance and/or self insurance maintained by Court, its officers, officials, employees or agents will not contribute with the insurance, or benefit Contractor in any way; 3. Contractor s insurance will apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer s liability; 4. Contractor will provide Court certificates of insurance satisfactory to Court, evidencing all required coverages before Contractor begins any Work, and complete copies of each policy upon Court s request; 5. If at any time, the foregoing policies become unsatisfactory to Court, as to form or substance, or if a company issuing any such policy becomes unsatisfactory to Court, Contractor will, upon Notice from Court, promptly obtain a new policy, and submit the same to Court, with the appropriate certificates and endorsements, for approval; 6. All of Contractor's policies will be endorsed to provide Notice to Court of cancellation, nonrenewal, and reduction in coverage, within fifteen days, mailed to the Court s representative for Notices named on the Contract Cover Sheet. Such notice will reference the relevant project, and contract number. E. Waiver of subrogation. Contractor and its insurance carrier waive any and all rights of subrogation against the Judicial Branch Entities. This waiver will be reflected on the Certificate of Insurance, provided by Contractor. If Contractor fails to obtain the appropriate waivers of subrogation, additional insured status, or certificates of insurance TCK 0405 CS Rev.0405 Page CS 11

52 Santa Barbara Court Voice RFP Attachment H from carrier, Contractor will indemnify Court from all costs and liability caused by Contractor s breach. 15. Limitation of Liability Court will not be liable to Contractor, its officers, employees, Subcontractors, or Third Parties for any indirect, special, or consequential damages, including lost profits or revenue, arising from or relating to this Agreement, regardless whether Court was advised of the possibility of such loss or damage. In no event will Court s liability for direct damages arising from or related to this Agreement, for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, exceed the amounts paid to Contractor by Court under this Agreement. 16. Modification. No modification or change to this Agreement will be valid without written approval by Court, in the form of an Amendment, including any changes to Exhibit D (Statement of Work). 17. Prohibited Bids for End Product of this Agreement No person, firm, or subsidiary thereof which has been awarded a consulting services agreement may submit a bid for, or be awarded an agreement for, the provision of services, procurement of Materials or Data, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of this Agreement. This provision will not apply to any person, firm, or subsidiary thereof, which is awarded a subcontract under this Agreement in an amount no more than ten percent of the total monetary value of this Agreement. 18. Public Contract Code References References to the Public Contract Code are provided for convenience only. The Public Contract Code does not apply to Court, but is referenced to clarify Contractor s obligations, if specific code sections are cited. 19. Scope of Work; Acceptance A. Scope of Work. Contractor will perform and complete all Work described in Exhibit D Statement of Work, in compliance with the requirements of this Agreement, and to the satisfaction of Court. B. Acceptance. B.1 All Work provided by Contractor under this Agreement is subject to written acknowledgement and acceptance by Court s Project Manager. The Court s Project Manager will apply the acceptance criteria set forth in Exhibit D Statement of Work, (including timeliness, completeness, technical accuracy and conformance to statistical, industry or marketplace standards) to determine acceptance or non acceptance of the Work. B.2 Project Manager shall use the Acceptance and Sign off Form (in the form provided as Attachment 1) to notify the Contractor of acceptance or non acceptance. TCK 0405 CS Rev.0405 Page CS 12

53 Santa Barbara Court Voice RFP Attachment H B.3 If the Work is not acceptable, Project Manager shall detail its failure to meet the acceptance criteria. Contractor shall have ten business days from receipt of Acceptance and Sign Off Form to correct the failure(s) to conform to the acceptance criteria. Contractor will re submit the Work and the Project Manager shall re apply the acceptance criteria to determine its acceptance or non acceptance. Thereafter, the parties shall repeat the process set forth in this Section 18 until Contractor s receipt of Court s written acceptance of such corrected Work; provided, however, that if Court rejects any Work on at least two (2) occasions, Court may terminate that portion of this Agreement which relates to the rejected Work at no expense to Court. C. Prior Work. Prior work, performed by Contractor pursuant to Court s authorization, but before execution of this Agreement, will be considered as having been performed subject to the provisions of this Agreement. D. Non Exclusivity. This is a non exclusive agreement. Court reserves the right to perform, or have others perform the Work of this Agreement. Court reserves the right to bid the Work to others or procure the Work by other means. 20. Standard of Performance; Warranties A. Standard of Performance. Contractor will perform all Work with the requisite skill and diligence consistent with professional standards for the industry and type of work performed under the Agreement, and pursuant to the governing rules and regulations of the industry. Contractor understands that Court relies on the accuracy, competence, and completeness of Contractor s services. B. Warranties. B.1 Contractor warrants and represents that the Work and all Deliverables furnished will conform to the requirements of this Agreement and such Work and Deliverables will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship, and, to the extent not manufactured pursuant to detailed designs furnished by Court, free from defects in design. Court s approval of designs or specifications furnished by Contractor will not relieve Contractor of its obligations under this warranty. B.2 Non Infringement. Contractor represents and warrants to Court that it is and will be either own, or be authorized to use for its own and the Court s benefit, all intellectual property rights used and to be used in connection with providing and/or performing the Work. B.3 All warranties will inure to Court, its successors, assigns, customer agencies, and users of the Work provided hereunder. B.4 Unless otherwise specified, the warranties set forth in this Section 19 commence after Work has been approved and accepted by Court. C. P C.1 Contractor will use adequate numbers of qualified individuals with suitable training, education, experience, and skill to perform the Work. For continuity, Contractor will endeavor to retain the same individuals (listed in Exhibit. E: Attachments) during the performance of Work. C.2 Court reserves the right to disapprove Contractor s personnel, if dissatisfied with their performance. Upon receipt of such Notice, Contractor will immediately assign replacement personnel, with equivalent or greater experience and skills, who are acceptable to the Project Manager. C.3 Contractor will be responsible for all costs associated with replacing personnel, including additional costs to familiarize replacement personnel with the Work. If Contractor does not promptly furnish replacement personnel acceptable to the Project Manager, Court may terminate this Agreement for cause. TCK 0405 CS Rev.0405 Page CS 13

54 Santa Barbara Court Voice RFP Attachment H D. Background Checks. For Contractor s employees, Subcontractors, or agents performing work, and with access to Court s systems (on site or remotely) in the performance of their Work under this Agreement, Court will have the right, but not the obligation, to request or conduct a background check, before granting access to Court s premises or systems or at any other time. Contractor will cooperate with Court in performing any background checks, will provide prompt Notice to Court of (i) any person refusing to undergo such background check, and will immediately remove such person from the project, and (ii) the results of any background check as requested by Court. Contractor will obtain all releases, waivers, or permissions required for the release of such information to Court. Any additional costs will be borne by Contractor. 21. Survival. Terms that will survive termination or expiration of this Agreement include, but are not limited to: Assignment, Audit Rights and Retention of Records, Confidentiality, Indemnification, Limitation of Liability, Warranties. 22. Termination A. Termination for Cause. Court may terminate this Agreement, in whole or in part, and be relieved of any payments, if Contractor fails to perform the requirements of this Agreement at the time and in the manner agreed. Court may proceed with the Work in any manner deemed proper. All costs to Court arising from Contractor s default, including costs to complete or correct the Work, will be deducted from any sum due Contractor. Contractor will not be entitled to recover overhead or profit on the uncompleted portions of the Work. B. Termination for Convenience. B.1 Court may terminate this Agreement, in whole or in part, at any time and for any reason, upon at least ten days Notice to Contractor. Upon receipt of the termination Notice, Contractor will promptly discontinue Work as specified in the Notice. B.2 If Court terminates all or part of this Agreement other than for cause, the Court will pay Contractor for the Work satisfactorily performed prior to the termination. Contractor will not recover overhead or profit on the uncompleted portions of the Work. C. Termination due to Fund Appropriation and Availability. C.1 Court's obligations under this Agreement are subject to the availability of funds authorized for this Work. Expected or actual funding may be withdrawn, reduced, or limited prior to the expiration or other termination of this Agreement. Funding beyond the current Appropriation Year is conditioned upon appropriation of sufficient funds to support the activities described in this Agreement. C.2 Upon Notice, Court may terminate this Agreement in whole or in part, without prejudice to any right or remedy of Court, for lack of appropriation of funds. Upon termination, Court will pay Contractor for the fair value of Work satisfactorily performed prior to the termination, not to exceed the total Agreement amount. D. Effect of Termination. D.1 Upon any expiration or termination, Court will have the right to take possession of any materials, equipment, Deliverables, and other Work including partially completed Work. Contractor will immediately assign to Court all of Contractor s right, title, and interest in and to such Work and related materials and work product, and any and all intellectual property rights. TCK 0405 CS Rev.0405 Page CS 14

55 Santa Barbara Court Voice RFP Attachment H D.2 Upon termination of any kind, Court may withhold from payment any sum that Court determines to be owed to Court by Contractor, or necessary to protect Court against loss due to outstanding liens or claims of former lien holders. 23. Time is of the Essence. Time of performance is of the essence in the performance of services by Contractor under this Agreement. 24. Waiver; Severability A. Waiver of Rights. Court s action, inaction, or failure to enforce any right or provision of this Agreement is not a waiver of its rights, and will not prevent Court from enforcing such rights on any future occasion. B. Severability. The provisions of this Agreement will be effective in all cases, unless otherwise prohibited by applicable state or federal law. The provisions of this Agreement are separate and severable. The invalidity of any sentence, paragraph, provision, section, or portion of this Agreement will not affect the validity of the remainder of this Agreement. 25. Entire Agreement A. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and will not be used to interpret or determine the validity of this Agreement. B. This Agreement was negotiated between the parties, and neither party prepared this Agreement for purposes of California Civil Code Any ambiguity will not be construed against the drafter, but rather the terms and provisions will be given a reasonable interpretation. C. This Agreement constitutes the entire and final understanding of the parties regarding this matter, and supersedes and terminates any and all prior or contemporaneous negotiations, representations, understandings, discussions, offers, proposals, or agreements between the parties, whether written or oral, express or implied, relating in any way to the this matter. TCK 0405 CS Rev.0405 Page CS 15

56 Santa Barbara Court Voice RFP Attachment H Supplemental Terms and Conditions 1) STATEMENT OF WORK Vendor will sell, deliver, and install the telecommunications equipment (the Equipment ) and sublicense the associated software (together, the System ) and Buyer will purchase the Equipment and pay the applicable software license fees. Buyer may also order System maintenance (hereinafter Maintenance ) pursuant to the Service Plan described in this Agreement and its attachments and Vendor agrees to furnish such requested maintenance service for the System. The documents to be included in the Statement of Work include: the Vendor s Response to the Buyer s Request for Proposal (the RFP Response ), the detailed price list, the Manufacturer s software license agreement(s), the Vendor s Scope of Work and the Service Agreement. The System will be installed and maintained at the location(s) specified below (the "Premises"): Installation Address(es) 2) CHANGE ORDERS, DRAWINGS, AND SPECIFICATIONS. Vendor is responsible for programming and installing the System according to the agreed upon System Itemization. In addition, Vendor will provide the Buyer a Scope of Work to be included as part of the contract prior to the signing of this contract. The Buyer shall have the right to request changes in System configuration for a period of seven days after Installation and shall furnish with reasonable promptness any required additional instructions necessary for the execution of the work. Any additional requirements or changes after the first week which require additional labor will be billed by the Vendor at an agreed upon Time & Materials rate or a negotiated fixed price. Minor software changes (such as number assignments, or class of service) must be provided at no charge for a minimum of 30 days after installation. Any addition or deletion to the System shall be made by means of Vendor s Job Change Order ( JCO"). The terms of this Agreement, including the limited warranty, will apply to a JCO and equipment or software purchased thereunder. Such warranty will terminate not earlier than the Warranty Period set forth in this Agreement for the original System or the current term for Maintenance of that System. A JCO must be signed by an authorized representative of each party before Vendor can schedule any additional work or order additional equipment or software. The Cash Price of the System (including milestone date progress payments), Delivery Date and Cutover Date shall be subject to adjustment in the event of any mutually agreeable addition or deletion. 3) DELIVERY AND TRAINING. (a) All shipments to and from the site shall be made at the vendor s expense. Supervision of packing, unpacking, and placement of equipment shall be furnished by the vendor. TCK 0405 CS Rev.0405 (b) Vendor will provide Buyer with end user and administrator training for the System, as described in the Scope of Work. 4) MANUFACTURER SUPPORT The Vendor will obtain and deliver a support letter from the manufacturer designating the vendor as an authorized distributor of the system(s) being purchased. 5) INSTALLATION (a) General Requirements Upon execution of this contract, the Vendor will assign a Project Manager with experience in the installations of similar size and scope. The Vendor shall provide all materials and labor necessary Page CS 16

57 Santa Barbara Court Voice RFP Attachment H to install, test, and cutover the telecommunications system supplied in accordance with the manufacturer s specifications. This shall include, but not be limited to, unloading, storage and control of equipment, security of inventory, inspection, and management of Vendor/sub Vendor personnel. Vendor will remove all litter generated during the work and will ensure that the installation area is restored to as good a condition as it was prior to installation. All components of the systems installed shall be new and not previously used. Vendor will install the System at the Premises in accordance with the manufacturer s specifications. Buyer will provide: (i) access, easements and consents necessary to install or service the System; (ii) necessary floor plans, space for the System and accessible wiring locations free of environmental hazards per government regulations; (iii) dedicated electric source, circuits, power and isolated ground; (iv) suitable operating environment (including isolated ground, air conditioning, humidity, heat and security) per manufacturer's specifications which specifications will be provided to Buyer by Vendor upon request; (v) raceway, conduit, holes and wireways; and (vi) a secure room with locks for temporary System storage. The Buyer will survey, mark and advise Vendor of any potential work areas that contain hazardous materials or substances, it shall submit in writing to Vendor the extent and locations of such and at its option, remedy this situation. In the event of breach of the foregoing, in addition to all other remedies, Vendor may immediately suspend work until Buyer has promptly corrected such condition(s) at Buyer's expense. In the event Buyer cannot or does not correct such condition, it will be at Vendor s option as to whether to recommence performance or terminate this Agreement. Any termination by Vendor because of an unsafe environmental condition exists will not be deemed a breach of this Agreement or a default under it and no liability for such decision will attach. (b) Interface to Existing Equipment If any of the systems to be installed by Vendor must interface to and interoperate with existing installed equipment, the Vendor must agree to be responsible for making any necessary arrangements with the vendor(s) or manufacturer(s) of such installed equipment for such interface and for defining conditions required for interoperability. Buyer shall be responsible for placing all orders with the local regulated utility company. (c) TCK 0405 CS Rev.0405 Other Requirements 1. The installation shall include all equipment. The Vendor is solely responsible for the complete turnkey engineering of the new telecommunications system and all interconnecting facilities. 2. All equipment, except station equipment, shall be firmly held in place by fasteners and/or supports that are adequate to support their loads within an ample safety factor and in accordance with Uniform Building Code. 3. All common equipment and connecting blocks shall be installed only in the existing telephone closets, unless otherwise specified by the Buyer. 4. All equipment, switch tails and connecting blocks shall be installed in accordance with the following codes and standards or local equivalent: National Electric Code EIA/TIA standards All State, Buyer and local codes, ordinances and regulations 5. Equipment furnished by the Vendor, and connected to the regulated utility company switched facilities, shall be either registered in accordance with Part 68 Page CS 17

58 Santa Barbara Court Voice RFP Attachment H TCK 0405 CS Rev.0405 of the Federal Communications Commission (FCC) Rules and Regulations (or local equivalent), or connected through registered protective circuitry. 6. The Vendor shall place the assigned public telephone number on each telephone instrument. 7. All costs for testing equipment used on site locations shall be the exclusive responsibility of the Vendor. 8. Vendor will perform station reviews, database preparation, and original program initializations. 9. Vendor will perform Telco coordination as deemed necessary by the Buyer. 6) ACCEPTANCE. When the installation has been completed, Vendor will test the System according to the manufacturer s diagnostic and readiness test specifications in preparation for cutover. Prior to final acceptance, Vendor shall perform complete System tests, under the supervision of the Buyer or the Buyer's representative. Vendor shall furnish all necessary test equipment and perform all work required to determine whether the System performs as specified in this Agreement and the manufacturer's specifications for the System, and modify, if necessary, the performance of the System to meet the specified functions described in this Agreement and the manufacturer's specifications for the System. This work shall include, but not be limited to the following: (a) Complete test of all station functions and features at each station or location; (b) Tests of all System switching and call processing functions; (c) Tests of all special and optional equipment such as Voice Processing and Call Center systems; (d) Tests of all attendant console functions; (e) Adjustment of all equipment components for optimum quality operation; (f) Properly detailing all telephones, with line, station number, and special features, as appropriate; (g) Testing all ACD and Call Center functions to ensure proper routing of calls under various conditions (e.g. Normal Operation, After Hours/Holiday, Overflow, All Agents Busy, No Agents Logged In, etc.) for all call vectors; (h) Testing Call Center reporting systems to ensure functioning and accuracy of real time displays and historical reports, alarm thresholds, system notices, etc; (g) Providing Buyer's personnel with complete instructions in the proper operation of the System, by qualified representatives of Vendor, at the sites and at times suitable to the Buyer. Vendor shall successfully complete the acceptance testing routine according to the following: the acceptance period begins upon the Cutover Date and ends when the telecommunications System has met the standard of performance, herein defined as: operating for a period of thirty (30) consecutive calendar days without experiencing any "System Failure Downtime" (the Acceptance Period ). "System Failure Downtime" or Downtime is that period of time when the System is not operable due to intermittent or consistent failure to the extent that the switching system cannot be used continuously due to any of the following failures: (a) The Automated Attendant, Voice mail, or Call Center systems are inaccessible to users or callers (b) A majority of any group of central office facilities is inaccessible (c) More than 25% of the stations are inoperative (d) On other specific occasions when the Owner's responsible representative declares an emergency. The number of individuals who may declare an emergency will be limited and the Buyer and Vendor will mutually agree upon their names and/or titles. Page CS 18

59 Santa Barbara Court Voice RFP Attachment H TCK 0405 CS Rev.0405 Downtime for each incident shall start from the time that the Buyer contacts the designated Vendor representative until the System is returned to proper operating condition. The Buyer shall maintain appropriate daily records, to satisfy the requirements of this section. In the event the System does not meet the standard of performance during the initial thirty (30) consecutive calendar days, the Acceptance Period shall continue on a day to day basis until the standard of performance has been met for a total of thirty (30) consecutive calendar days. System Failure Downtime shall not include: Acts of God, any other Force Majeure events or any other circumstances beyond the control and without the fault of Vendor. Should Vendor contend that any period of Downtime was caused by factors other than the System failure, it will be responsibility to prove that such period of Downtime was not caused by System failure. The System shall not be accepted until the standard of performance is met. The Date of Acceptance shall be the last day of the Acceptance Period (thirty (30) consecutive days meeting the minimum standards of performance). If the conditions for acceptance have not been meet within ninety (90) days of the Cutover Date, Vendor shall, at its expense, replace any defective part or parts of the System (including the entire System, if necessary). The Acceptance Period will begin again after replacement of the designated part. If after one hundred eighty (180) days from the Cutover Date, Vendor, has not corrected the problem so that Buyer is obligated to accept under the terms set forth in this section, upon such condition, Buyer shall have the right to terminate this Agreement and receive a refund of any payments to date, with the exception of any amount for which Buyer keeps components of the System such as cabling. Upon such termination, Vendor will be allowed to remove the rejected System at its own expense and Buyer shall be relieved from all obligations related to such System under this Agreement. Buyer may upon written notice to Vendor, retain a rejected System for a period not to exceed six (6) months while Buyer uses commercially reasonable efforts to secure a suitable replacement and in that event Vendor will leave the System installed at Buyer s Premises and operating to provide basic continuous telecommunication service to Buyer. Should Buyer elect to retain the rejected system in accordance with the above, Buyer shall be responsible for the costs of any necessary maintenance of the System during that period. 7) WARRANTY. FOR A PERIOD OF ONE YEAR FROM THE CUTOVER DATE (THE WARRANTY PERIOD ), VENDOR WARRANTS THAT THE SYSTEM WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND WILL OPERATE IN ACCORDANCE WITH MANUFACTURER S SPECIFICATIONS. The Buyer's remedy for breach of warranty is as set forth in Section 8 below. If, however, it is determined that such remedy fails of its essential purpose, then Vendor's liability for such breach is payment by Vendor of Buyer s actual damages. Vendor warrants that the System will meet the requirements in the Request as stated in Vendor s Response. 8) WARRANTY AND MAINTENANCE SERVICES (a) During the Warranty Period, if warranty work is necessary, Vendor will, at its option (i) repair the System in place or (ii) accept return of components of the System for repair or replacement. Such repair or replacement, including both parts and labor, will be at Vendor s expense. Repair and replacement parts may be new or like new. (b) Upon the expiration of the Warranty Period and pursuant to the terms and conditions of this Agreement, Vendor will provide Maintenance. Maintenance service for hardware shall Page CS 19

60 Santa Barbara Court Voice RFP Attachment H consist of furnishing all parts and labor necessary to maintain the System in good operating condition as a result of Buyer's normal use. Repair and replacement parts may be new or like new. Maintenance service for software will include provision of all maintenance releases and patches, which are issued at no cost by the manufacturer to correct problems which Buyer has encountered in the performance of the software. (c) During the Warranty Period and any subsequent maintenance term Vendor shall be liable for any physical damage it causes to the System. This liability is limited to repair of the System or component thereof, or if the System or component cannot be repaired, replacement with a comparable System or component in accordance with Section 10(a) above. (d) During the Warranty Period and any subsequent maintenance term, Vendor will respond remotely or on site as may be necessary to requests to perform service for a service affecting outage of the System (Emergency Service) within two (2) hours of receipt of notice from Buyer requesting such service without regard to time of day or day of the week. (e) Vendor will respond to requests to perform non emergency service within twenty four (24) hours of the receipt of the request, except when the request for such service is made on or the day before a weekend day or a Vendor holiday, in which case Vendor will respond by the next business day. (f) Vendor's failure to perform the warranty and maintenance services set forth in this Section 10 in a timely manner shall be deemed a material breach under this Agreement. 9) WARRANTY AND MAINTENANCE EXCLUSIONS The warranty and maintenance service provided under this Agreement excludes repairs or replacements caused by: (i) damage to the System due to fire, explosion, power irregularities, power surges, Acts of God (including, without limitation, earthquakes, rains, floods or lightning), or any other cause not attributable to Vendor; (ii) Buyer s failure to follow applicable operation, maintenance, or environmental requirements described in any of the manufacturer's manuals, Vendor s manuals, and other materials provided to Buyer, including without limitation manufacturer's product bulletins; (iii) Buyer s additions, alterations, modifications, enhancements or repairs to or disassembly of the System (itself or using a third party) without Vendor written consent; (iv) mishandling, abuse, misuses or damage to the System by Buyer or a third party; (v) relocation of the System without Vendor s written consent (other than telephone instruments relocated in accordance with the manufacturer's specifications); (vi) failures or changes required resulting from the local exchange company, interexchange carrier, the power company or other transmission provider. TCK 0405 CS Rev.0405 Page CS 20

61 Santa Barbara Court Voice RFP Attachment H Acceptance and Sign Off Form Description of Work provided by Contractor: Date submitted: Work is: 1) Submitted on time: [ ] yes [ ] no. If no, please note length of delay and reasons. 2) Complete: [ ] yes [ ] no. If no, please identify incomplete aspects of the Work. 3) Technically accurate: [ ] yes [ ] no. If no, please note corrections required. Please note level of satisfaction: [ ] Poor [ ] Fair [ ] Good [ ] Very Good [ ] Excellent Comments, if any: [ ] Work is accepted. [ ] Work is unacceptable as noted above. Name: Title: Date: TCK 0405 CS Rev.0405 Page CS 21

62 Santa Barbara Court Voice RFP Attachment H AOC Travel Rate Guidelines The AOC s policy and limits on reimbursable travel related expenses are listed below. To be eligible for lodging and/or meal reimbursement, expenses must be incurred in excess of 25 miles from headquarters. Lodging Receipts are required and each day of lodging claimed must be listed separately on the reimbursement claim form. Maximum rates are listed below. Exceptions may be considered on a caseby case basis, and for centrally booked conferences or meetings. 1. In state Actual costs are reimbursable up to a maximum of $110 per day, plus tax and energy surcharge. Within the counties of Alameda, San Francisco, San Mateo, and Santa Clara, the maximum rate is $140, plus tax and energy surcharge. 2. Out of state Actual costs are reimbursable with appropriate prior approval. Meals Actual costs are reimbursable up to the limits stated below for continuous travel of more than 24 hours. 1. Breakfast Up to $6. 2. Lunch Up to $ Dinner Up to $18. Meal reimbursement for one day trips is taxable and reportable income unless travel included an overnight stay. For continuous travel of less than 24 hours, actual expenses up to the above limits may are reimbursable if: 1. Travel begins one hour before normal work hours Breakfast may be claimed. 2. Travel ends one hour after normal work hours Dinner may be claimed. Lunch may not be claimed on trips of less than 24 hours. In accordance with agency policy, judges, commissioners, and those non represented personnel who earn more than $100,000 per year are not reimbursed for travel related lunch meal expenses, effective October 1, Incidental Expenses Up to $6 per day. Incidentals are not reimbursable for one day trips; they may only be claimed after 24 hours. Transportation The actual cost of tickets for air, rail, bus, rental car, or other forms of public transportation is reimbursable. The lowest cost ticket available must be purchased. Receipts are required for rental cars and air travel. For ticketless travel, the traveler s itinerary may be submitted in lieu of a receipt. 1. The actual costs of cab fare, public parking, and tolls are reimbursable. Receipts are required for all expenses of $3.50 or more. 2. Mileage Personal vehicle mileage is reimbursable at a rate of $.34 per mile 3. Privately owned aircraft Reimbursement is $.50 per statute mile. This reimbursement is taxable and reportable income. Other Business Expenses Actual cost is reimbursable. Receipts are required for all other business expenses, regardless of the amount claimed. In the event receipts cannot be obtained or have been lost, a statement to that effect and the reason provided shall be noted in the expense account. In the absence of a satisfactory explanation, the amount Page CS 22 TCK 0405 CS Rev.0405

63 Santa Barbara Court Voice RFP Attachment H involved shall not be allowed. Further, a statement explaining that a receipt has been lost shall not be accepted for lodging, airfare, rental car, or business expenses. Receipts for telephone or telegraph charges related to court business of $2.50 or less are not required. However, claims for phone calls must include the place and party called. TCK 0405 CS Rev.0405 Page CS 23

64 Santa Barbara Court Voice RFP - February 5, 2008 Attachment "I" Environmentally Preferable Purchasing Data Collection Form - Proposed Equipment Rated Power Space for Quantity Consumption Weight per Rackable Product Manufacturer Model Proposed per Unit (Watts) Unit (lbs) Gear ("u"/unit) UPS Systems Computers and Servers Monitors and Displays N/A Switches, Routers. Hubs System End-Points (i.e. telephones) N/A Other Electronic Equipment TOTALS (Quantity x Unit Measure) watts lbs "u"s rack space