TAC 820A Addendum 1 Maintenance and Technical Support of Avaya CS1000E Telephone System at City Hall (OTC)

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1 TAC 820A Addendum 1 Maintenance and Technical Support of Avaya CS1000E Telephone System at City Hall (OTC) 08/09/2013 Addendum # 1 Please note the following changes which have been made for clarification to this Competitive Sealed Proposal. This addendum must be listed as Addendum #1 on Form #6 attached hereto and made a part of the CSP package as verification that you have received and are aware of the information contained herein. A mandatory Pre- Bid has been set for this CSP; the pre-bid is set for August 15, 2013 at 9:30AM in City Hall 175 E. 2 nd St, Tulsa, Oklahoma. For any vendor that is not going to be able to attend in person the Pre-bid a conference bridge line has been set up for your convenience; the phone # is Since this is a mandatory pre-bid, any vendor wishing to submit a proposal on this project must have either attended the pre-bid in person or called in on the conference bridge line

2 FORM #6 ACKNOWLEDGMENT OF RECEIPT OF ADDENDA/AMENDMENTS I hereby acknowledge receipt of the following addenda or amendments, and understand that such addenda or amendments are incorporated into the Bid Packet and will become a part of any resulting contract. List Date and Title/Number of all addenda or amendments: (Write None if applicable). Sign Here Printed Name: Title: Date: 2

3 CITY OF TULSA FINANCE DEPARTMENT REQUEST FOR COMPETITIVE SEALED PROPOSAL TAC 820A Maintenance and Technical Support of Avaya CS1000E Telephone System at City Hall (OTC) NIGP Code(s): ; ; Submit proposals to: Deputy City Clerk City of Tulsa 175 E. 2 ND St. Suite 260 Tulsa, OK

4 I. STATEMENT OF PURPOSE: This Competitive Sealed Proposal is intended for the City of Tulsa to solicit bids to select a long-term partner for the maintenance and ongoing technical support of the Avaya CS1000E telephone system existing in City Hall at 175 E. 2 nd St. (OTC). The successful bidder will be a company that can provide the City with knowledgeable technical support and access to manufacturer support for maintenance of the telephone system and the adjunct components listed. We enthusiastically look forward to receiving your proposal. II. DEFINITIONS: 1. Bid means a response to a Competitive Process. 2. Bidder means a company or individual submitting a response to a Competitive Process. 3. Competitive Process means the process by which offers are solicited and includes this request for Competitive Sealed Proposals. III INSTRUCTIONS FOR SUBMITTING A PROPOSAL: A. General Requirements The proposal must be received by 5:00 p.m. on Wednesday, August 28, 2013 Central Daylight Time. Please seal proposals in an envelope or box clearly labeled TAC 820A Maintenance and Technical Support of Avaya CS1000E Telephone System at City Hall (OTC) 1. Proposals must be delivered to: Deputy City Clerk City of Tulsa Suite 260 Tulsa, OK All interested Bidders are required to register with the Senior Buyer, Cathy D. Evans, in order to receive updates, addenda or any additional information required. The City is not responsible for any failure to register. 3. Inquiries to the Buyer below requesting clarification regarding this Competitive Sealed Proposal or the content therein must be made via and must be received prior to the end of the business day on August 19, Cathy D. Evans, Senior Buyer cdevans@cityoftulsa.org Any questions regarding this CSP request will be handled as promptly and as directly as possible. If a question requires only clarification of instructions or specifications, it will be handled verbally. If any question that is asked results in a material change or addition to the CSP request, the changes or additions will be forwarded to all registered Bidders as quickly as possible by addendum. 4

5 4. Bidders shall designate a contact person, with appropriate contact information, to address any questions concerning a proposal. The Bidders shall also state the name and title of individuals who will make final decisions regarding contractual commitments and have legal authority to execute the contract on the Bidder's behalf. B. General Notifications As provided for in Tulsa Revised Ordinance (TRO) Title 6, Chapter 4, the City reserves the right to do the following with this request for Competitive Sealed Proposal: a. To conduct oral or written discussions with Bidders, after proposals are received, concerning technical and Price aspects of the proposals and/or to allow Bidders to revise their proposals, including Price; b. To evaluate, after proposals are received, the relative abilities of Bidders to perform, including their technical or professional experience and/or expertise; c. To conduct a comparative evaluation, after proposals are received, of the differing Price, service, quality, contractual factors, technical content and/or technical and performance capability of the proposals; d. To negotiate mutually agreeable terms in a contract; 1. The City has the right to modify the proposal and final selection of work product requirements as needed. 2. The City reserves the right to choose any number of qualified finalists for interview and/or final selection. 3. This Competitive Sealed Proposal does not commit the City of Tulsa to pay any costs incurred in the submission of a proposal or the costs incurred in making necessary studies and designs for preparation thereof, or contract for service or supplies. IV. SCOPE OF WORK Each item contained in the Bidder Qualifications section and the Technical Specifications section requires a written response. Paragraphs providing information only must be acknowledged, at the minimum, with the word acknowledged Any exceptions to those paragraphs should be noted with a detailed description of the exception. Paragraphs asking for information from the Bidder require a detailed written response describing how the Bidder will provide that requirement. V. TIME FRAME FOR REVIEW: N/A VI. DELIVERABLES: A. Maintenance Requirements The City will require the following maintenance activities from the successful bidder: 1. Provide remote monitoring of the system on a 24/7 basis. 2. Provide the appropriate notifications to the City for each incident based on the severity of the 5

6 incident. 3. Provide proactive remote resolution of problems whenever possible. To this end Bidder will be provided with a Letter of Agency to act on the City s behalf with the contracted carrier. 4. Provide emergency dispatch of repair technicians as required and after notification is made to the City with a two-hour on-site commitment. 5. Provide additional technicians at no additional costs for repair and maintenance involving major problems or outages. A major system outage is defined as a trunk outage exceeding 15%, or a station outage exceeding 10 users with a common issue. 6. Repair or replace equipment to maintain the full operational capability of the systems with a goal of 99.99% or better. 7. Provide quarterly reports on problem resolutions and trends. 8. Provide appropriate patch management based on active system applications. 9. Pricing for maintenance is to be based on the number of active ports and licenses. 10. Review the minimum maintenance requirements as listed above and provide information on all maintenance plans that meets the City s needs. Include escalation conditions, time frames, and contact information as an attachment to your response. 11. Clearly define what isn t covered by the maintenance agreements; the actions or requests that will result in service charges. 12. The City requires a Service Level Agreement (SLA) as part of this contract. Provide in detail the Bidder s customary Service Level Agreement (SLA) terms, conditions and penalties. 13. Provide information on the Bidders ability to provide Tier 1 and Tier 2 support on all components of the City s system. Include support history and include any exclusions. Provide specific information on supporting VoIP services and components. 14. It is the City s expectation that all calls for maintenance will be answered by staff familiar with the City s account and able to provide quick assistance with little additional background required. 15. Provide the contact options and hours of operation for the Bidder s Help Desk. 16. Bidder shall install new software releases for systems as required by the manufacturers and approved by the City. This is currently through the use of a basic one-year Software Release Subscription (SRS) 17. The City requires easy access to support documents and service bulletin alerts. 18. The City is undecided on whether to use vendor-provided Tier 1 and Tier 2 support or Avaya pass-through support. Therefore bidders are to provide information on all differentiating factors and pricing for both arrangements. Include the impact of pass through maintenance on the management of the City s account. 6

7 B. BIDDER QUALIFICATIONS 1. The City will only consider bids from companies maintaining current certifications on the CS 1000E, Call Pilot, and Avaya Aura Contact Center products. Bidders must provide a letter from Avaya showing good standing for product certification on ALL items that are a part of the existing system. 2. Bidder must be an Avaya Elite Partner with a minimum 5 year product accreditation on the CS1000 and Call Pilot. 3. If Bidder intends to use sub-contractors in the performance of this contract, Bidder shall so state in their bid response and identify the subcontractors to be used. At no time shall the bidder allow non-certified technicians to work on the system without direct oversight from a certified technician for the life of the contract. 4. Bidder must show that they have successfully installed and maintained Avaya systems of this size and type during the previous five years. 5. Bidder must be a factory-authorized Avaya distributor. C. SYSTEM CONFIGURATION: The CS1000E system was upgraded to Release 7.5 in April 2012, with geographically-separated processors. The system is supporting digital, IP, and analog stations. Maintenance of the actual telephone sets will NOT be a part of the contract. The City receives basic PASS support. Information on the current active ports and licenses is provided as Appendix A to this RFP. Other system components include: (2) System Manager (1) Presence Server (3) Session Managers (1) MAS Server (8) Signaling Servers Telstrat Call Recorder (On year 2 of 2 maintenance) VeraMark VeraSmart Call Accounting (on year 2 of 3 paid maintenance years) Conveyant Sentry E911 system One-X Comm 6.1 licenses Maintenance is to also include all related auxiliary equipment such as batteries, rectifiers, consoles, maintenance terminals and modems that are directly related to operations of the voice system. D. TECHNICAL SUPPORT REQUIREMENTS 1. The City requires contract pricing for on-site and remote technical support. Bidder shall quote labor rates that cover all services offered and shall include standard response time commitments. 2. The City will require that the Bidder maintain all critical parts, i.e. a crash kit, as well as an adequate stock of spare parts to meet routine maintenance requirements within the Tulsa area so that it can be on site within 15 minutes of Bidder notification. Provide a list of the crash kit components as an attachment. 3. Bidder agrees to allow the City technical staff to locate component/modules and perform other similar activities not disruptive to the PBX performance, within the repair/maintenance agreement. 4. System changes that have the potential for downtime must be performed after regular business hours to avoid service interruptions, except during an outage or as agreed upon by the City. Note if this is considered within the maintenance coverage or will incur overtime charges to perform. 7

8 5. Bidder agrees to participate in Change Management activities per City guidelines. This will consist of providing information in person or by conference call to explain technical issues if called upon. 6. Bidder will provide all technical support guides and user manuals for any and all components that are purchased from the Bidder by the City. 7. Bidder will provide clear, concise, and accurate billing with the option of electronic format. E. DISCOUNT PRICING: 1. Bidder shall provide a guaranteed percentage discount on the published list price for all relevant Avaya voice and data products in order to facilitate the purchase of Avaya product as needed. 2. All Bid Responses are to include an electronic copy of the latest Avaya MSRP price book with line item percentage discounts shown. Discounts on voice-specific product will be given the most weight. 3. The successful bidder shall provide the current MSRP price book in an electronic format to the City as it becomes available quarterly. 4. The quoted discounts shall apply for the duration of the contract regardless of any changes to the MSRP price book. 5. All invoices for purchased products will show the MSRP, the percentage discount applied, and the resulting price. F. ADDITIONAL INFORMATION: 1. Provide contact information and general background of the account team to be assigned to the City of Tulsa. 2. Provide information on the technicians available within a 30 minute response time, and include their certifications. 3. City personnel directly responsible for the Avaya PBX may, in a reasonable manner, ask questions of and learn from the Bidder s on-site technicians. 4. Describe your approach/recommendation to system routine and preventative maintenance, including specific activities and frequency. 5. Describe your approach/recommendation to applying Avaya software patches, and service updates. VI. BIDDER AND PROPOSAL REQUIREMENTS: To be considered, interested firms should submit or address the following: A. One (1) unbound original and two (2) bound copies of the proposal plus one (1) copy on electronic media (CD, DVD, flash drive). B. A description of the firm s qualifications and experience and that of key personnel assigned to this project (and that of each firm proposed as part of the team). It is noted that equipment, material and staff shall be provided by the Bidder. C. A description of previous projects that your firm (and those of each firm proposed as part of the team) has conducted for organizations of similar size and complexity. Provide contact names and telephone numbers of references from these organizations. D. Provide a project schedule, identifying beginning and ending dates of work, as well as project target dates. 8

9 E. At the discretion of the City, one or more Bidders may be invited to be interviewed for purposes of clarification or discussion of the proposal. F. Any expenses incurred by the Bidder(s) in appearing for an interview or in any way in providing additional information as part of the response to this Competitive Sealed Proposals are solely the responsibility of the Bidder. The City of Tulsa is not liable for any costs incurred by Bidders in the preparation of proposals or any work performed by the Bidder prior to the approval of an executed contract by the City of Tulsa. VIII. EVALUATION COMMITTEE: A panel consisting of a minimum of three (3) City of Tulsa (IT) Managers and Staff will evaluate proposals. Selection shall be determined to be in the best interest of the City as evaluated by the City of Tulsa. The approval of the selected firm will be subject to the final determination of the City and will be contingent on the successful completion of a contract between the City and the successful Bidder. IX. EVALUATION AND AWARD: 1. The City evaluates proposals based on the general criteria identified in Tulsa Revised Ordinance (TRO) Title 6, Chapter 4, and listed below: 2. The ability, capacity and skill of the Bidder to perform the contract or provide the service required, 3. Whether the Bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference, 4. The character, integrity, reputation, judgment, experience and efficiency of the Bidder, 5. The quality of performance by Bidder of previous contracts or services, 6. The previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service, 7. The sufficiency of the financial resources and ability of the Bidder to perform the contract or provide the service, 8. The quality, availability and adaptability of the Supplies, Services, and Information Technology Systems offered by Bidder to the particular use required, 9. The ability of the Bidder to provide future maintenance, support and service related to Bidder s Proposal, Where an earlier delivery date would be of great benefit to the Using Department, the date and terms of delivery may be considered in the Bid award, 10. The degree to which the Bid submitted is complete, clear, and addresses the requirements in the Bid specifications, 11. If a point system has been utilized in the Bid specifications, the number of points earned by the Bidder. 12. The total cost of ownership, including the costs of supplies, materials, maintenance, and support necessary to perform the item s intended function. 13. If an evaluation committee performs the evaluation, the recommendation of such committee. 9

10 X. CITY OF TULSA GENERAL CONTRACT TERMS: The City of Tulsa will enter into a contract with the selected Bidder for an initial term ending one (1) year from the date of its execution by the City s Mayor, with four (4) one-year renewals available at the option of the City. All contracts entered into by the City of Tulsa normally include, but are not limited to, the following general terms: 1. Renewals. Any future contracts or renewals are neither automatic nor guaranteed by award of the Agreement to Bidder. The continuing purchase by City of the Services set forth in the Agreement is subject to City s needs and to City s annual appropriation of sufficient funds in City s fiscal year (July 1 st to June 30 th ) in which such Services are purchased. In the event City does not appropriate or budget sufficient funds to perform the Agreement or chooses not to extend the Agreement, the Agreement shall be null and void without further action by City. 2. No Indemnification or Arbitration by City. City is a municipal corporation that is funded by its taxpayers to operate for the benefit of its citizens. Accordingly, and pursuant to Oklahoma law, City shall not indemnify nor hold Contractor harmless for loss, damage, expense or liability arising from or related to this Agreement, including any attorneys fees and costs. In addition, Contractor shall not limit its liability to City for actual loss or direct damages for any claim based on Contractor s action or inaction in connection with the Agreement. City reserves the right to pursue all legal and equitable remedies to which it may be entitled. City will not agree to binding arbitration of any disputes. 3. Intellectual Property Indemnification by Contractor. Contractor must indemnify, defend, and save harmless City and its officers, employees and agents from all suits and actions of every nature brought against them alleging that any products delivered to City under the Agreement infringe any intellectual property rights (patent, trademark and/or copyright). Contractor shall pay all royalties and charges incident to such patents, trademarks or copyrights. 4. General Liability. Contractor shall hold City harmless from any loss, damage or claims arising from or related to the performance of the Agreement herein. Contractor must exercise all reasonable and customary precaution to prevent any harm or loss to all persons and property related to this Agreement. 5. Liens. Pursuant to City s Charter (Art. XII, 5), no lien of any kind shall exist against any property of City. Contractor agrees to indemnify and hold the City harmless from all claims, demands, causes of action or suits of whatever nature arising out of the services, labor, and material furnished by Contractor or Contractor s subcontractors under the scope of the Agreement. 6. No Confidentiality. City is subject to the Oklahoma Open Records Act (51 O.S. 24A.1 et seq.) and therefore cannot assure the confidentiality of contract terms or other information provided by Contractor pursuant to this Agreement that would be inconsistent with City s compliance with its statutory requirements there under. Any information submitted by Bidder to City which Bidder deems to be a trade secret must be submitted in a separate envelope and clearly marked Trade Secret Information, the name of the Bidder and TAC number for this proposal. Bidder must timely seek judicial action to protect such information from disclosure by City in the event of a request by an outside party to City for production of such information under the Oklahoma Open Records Act. 7. Compliance with Laws. Contractor shall be responsible for complying with all applicable federal, state and local laws, including but not limited to federal, state and municipal laws relating to discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, sex, age, ethnicity, or any other basis of discrimination prohibited by law; Title 5 of the Tulsa Revised Ordinances relating to minority, female, disadvantaged and BRIDGE program business utilization and equal employment opportunity; the Americans with Disabilities Act; the Oklahoma Open Records Act (51 O.S. Sec. 24A.1 et. seq.); and Title 25 O.S. Sec of the Oklahoma statutes regarding employer verification of employees and subcontractors. The Status Verification System is defined in 25 O.S. Sec and includes, but is not limited to, the free Employee Verification Program (E-Verify) available at Contractor certifies that it and all of its subcontractors to be used in the performance of the Agreement are in compliance with 25 O.S. Sec and participate in the Status Verification System. Contractor is responsible for any costs of compliance with all applicable laws. 10

11 8. Right to Audit. Books, records, documents, accounting procedures, practices, price lists or any other items related to the Services are subject to inspection, examination, and copying by City or its designees. Contractor shall retain all records related to this Agreement for the duration of the contract term and a period of three years following completion and/or termination of the contract. If an audit, litigation or other action involving such records begins before the end of the three year period, the records must be maintained for three years from the date that all issues arising out of the action are resolved or until the end of the three year retention period, whichever is later. 9. Governing Law and Venue. This Agreement is executed in and shall be governed by and construed in accordance with the laws of the State of Oklahoma without regard to its choice of law principles, which shall be the forum for any lawsuits arising under this Agreement or incident thereto. The parties stipulate that venue is proper in a court of competent jurisdiction in Tulsa County, Oklahoma and each party waives any objection to such venue. 10. No Waiver. A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other provision, nor shall any failure to enforce any provision hereof operate as a waiver of the enforcement of such provision or any other provision. 11. Entire Agreement/No Assignment. The Agreement will constitute the entire agreement of the parties and supersede any and all prior agreements, oral or otherwise, relating to the subject matter of the Agreement. The Agreement may only be modified or amended in a writing signed by both parties. Contractor may not assign the Agreement or use subcontractors to provide the Goods and/or Services without City s prior written consent. Contractor shall not be entitled to any claim for extras of any kind or nature. The submission of Bidder s proposal signed by Bidder s authorized representative represents Bidder s agreement to the inclusion of the above provisions, among others, in a contract with the City of Tulsa for the services and goods set forth in this proposal. XI. TERMS AND CONDITIONS SPECIFIC TO THIS CSP: XII. REVOCATION OF AWARD: The Mayor may revoke the award of a Bid for reasons including but not limited to: 1. A properly signed contract is not submitted to the City within the time specified in the notice of recommendation of award by the Agent, or his designee; 2. Bonds, proof of insurance, affidavits or other documents as required by the written specifications are not submitted to the City within the time specified in the notice of recommendation of award by the Agent, or his designee; 3. Bidder fails to submit, upon request, written agreement to comply with the provisions of Title 5 of the Tulsa Revised Ordinances relating to equal employment opportunity and the utilization of minority owned, female owned and disadvantaged business enterprises. XIII. MISCELLANEOUS: A. At the sole discretion of City, some or all of your response to this CSP request and any subsequent correspondence related to this proposal process may be considered part of the contract, if one is awarded to you. B. All data included in this CSP request, as well as any attachments, are proprietary to the City of Tulsa. C. The use of the City of Tulsa s name in any way as a potential customer is strictly prohibited except as authorized in writing by the City of Tulsa. 11

12 D. Your proposal must clearly state the name of the bidding organization, including the firm s address and web site information, if applicable, as well as the name, address, telephone number and address of the organization s primary contact for this proposal. Your proposal must include the name, address, telephone number and address of the Bidder and/or team of Bidders assigned to the City account. E. The City assumes no responsibility or liability for any costs you may incur in responding to this CSP request, including attending meetings or contract negotiations. F. Your company will be bound to comply with the provisions set forth in this CSP request unless any and all deviations are explicitly stated in your proposal and agreed to in writing by City. The City shall not be under any obligation to return any materials submitted in response to this CSP request. G. The City expects to enter into a written Agreement (the Agreement ) with the chosen vendor that will incorporate all or parts of this CSP request and your proposal. In addition to any terms and conditions included in this CSP request, the City will include in the Agreement other terms and conditions.. (The rest of this page intentionally left blank) 12

13 System type is Communication Server 1000E/CP PM CP PM Pentium M 1.4 GHz IPMGs Registered: 27 IPMGs Unregistered: 0 IPMGs Configured/unregistered: 0 ATTACHMENT A TRADITIONAL TELEPHONES 1500 LEFT 78 USED 1422 DECT USERS 16 LEFT 12 USED 4 IP USERS 1700 LEFT 389 USED 1311 BASIC IP USERS 0 LEFT 0 USED 0 OVERFLOW 1 TEMPORARY IP USERS 0 LEFT 0 USED 0 DECT VISITOR USER 0 LEFT 0 USED 0 ACD AGENTS 410 LEFT 172 USED 238 MOBILE EXTENSIONS 100 LEFT 61 USED 39 TELEPHONY SERVICES 25 LEFT 25 USED 0 CONVERGED MOBILE USERS 0 LEFT 0 USED 0 AVAYA SIP LINES 100 LEFT 98 USED 2 THIRD PARTY SIP LINES 0 LEFT 0 USED 0 PCA 26 LEFT 26 USED 0 ITG ISDN TRUNKS 0 LEFT 0 USED 0 H.323 ACCESS PORTS 0 LEFT 0 USED 0 AST 185 LEFT 45 USED 140 SIP CONVERGED DESKTOPS 2000 LEFT 2000 USED 0 SIP CTI TR87 25 LEFT 25 USED 0 SIP ACCESS PORTS 321 LEFT 0 USED 321 RAN CON 30 LEFT 22 USED 8 MUS CON 300 LEFT 240 USED 60 IP RAN CON 0 LEFT 0 USED 0 IP MUS CON 0 LEFT 0 USED 0 IP MEDIA SESSIONS 0 LEFT 0 USED 0 TNS LEFT USED 8673 ACDN 2400 LEFT USED 112 AML 16 LEFT 13 USED 3 IDLE_SET_DISPLAY City of Tulsa LTID LEFT USED 0 RAN RTE 512 LEFT 510 USED 2 ATTENDANT CONSOLES LEFT USED 0 IP ATTENDANT CONSOLES 0 LEFT 0 USED 0 BRI DSL LEFT USED 0 DATA PORTS LEFT USED 0 PHANTOM PORTS LEFT USED 116 TRADITIONAL TRUNKS LEFT USED 333 ELC ACCESS PORTS 2000 LEFT 2000 USED 0 DCH 255 LEFT 240 USED 15 13

14 EXHIBIT A Pricing Costs: 1. Remote monitoring of the system on a 24/7 basis Per hour $ 2. On-Site Technical Support per hour $ 3. Labor Rate for all additional services offered: Annual Maintenance: Year One: Year Two: Year Three: Year Four: Year Five: Company Name: By: Name Printed: Title: 14

15 BIDDER INFORMATION SHEET Bidder s Exact Legal Name: (Must be Bidder s company name as reflected on its organizational documents, filed with the state in which bidder is organized; not simply a DBA) State of Organization: Bidder s Type of Legal Entity: (check one) ( ) Sole Proprietorship ( ) Limited Liability Company ( ) Partnership ( ) Limited Liability Partnership ( ) Corporation ( ) Limited Partnership ( ) Other: Bidder s Address: Street City State Zip Code Bidder s Website Address: Address: Sales Contact: Name: Street: City: State: Phone: Fax: Legal or Alternate Sales Contact: Name: Street: City: State: Phone: Fax: 15

16 NON-COLLUSION AFFIDAVIT (Required by Oklahoma law, 74 O.S ) STATE OF ) )ss. COUNTY OF ) I,, of lawful age, being first duly sworn, state that: (Seller s Authorized Agent) 1. I am the authorized agent of Seller herein for the purposes of certifying facts pertaining to the existence of collusion between and among bidders and municipal officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached. 2. I am fully aware of the facts and circumstances surrounding the making of Seller s Bid to which this statement is attached, and I have been personally and directly involved in the proceedings leading to the submission of such bid; and 3. Neither the Seller nor anyone subject to the Seller s direction or control has been a party: a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, b. to any collusion with any municipal official or employee as to quantity, quality, or price in the prospective contract, or as to any other terms of such prospective contract, nor c. in any discussions between bidders and any municipal official concerning exchange of money or other thing of value for special consideration in the letting of a contract. By: Title: Signature Subscribed and sworn to before me this day of, 20. Notary Public My Commission Expires: Notary Commission Number: The Affidavit must be signed by an authorized agent and notarized 16

17 STATE OF ) )ss. COUNTY OF ) AFFIDAVIT OF CLAIMANT The undersigned person, of lawful age, being first duly sworn on oath, says that all invoices to be submitted pursuant to this agreement with the City of Tulsa will be true and correct. Affiant further states that the work, services or material furnished will be completed or supplied in accordance with the plans, specifications, orders, requests or contract furnished or executed by the affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, officer or employee of the City of Tulsa or of any public trust where the City of Tulsa is a beneficiary, of money or any other thing of value to obtain payment of the invoice or procure the contract or purchase order pursuant to which an invoice is submitted. Affiant further certifies that (s)he has complied with all applicable laws regarding equal employment opportunity. Company: Remit to Address: City, State Zip: Phone: Name (print): Signature: Title: Subscribed and sworn to before me this day of, 20. My commission expires: My commission number: Notary Public The Affidavit must be signed by an authorized agent and notarized 17

18 INTEREST AFFIDAVIT STATE OF ) )ss. COUNTY OF ) I,, of lawful age, being first duly sworn, state that I am the agent authorized by Seller to submit the attached Bid. Affiant further states that no officer or employee of the City of Tulsa either directly or indirectly owns a five percent (5%) interest or more in the Bidder's business or such a percentage that constitutes a controlling interest. Affiant further states that the following officers and/or employees of the City of Tulsa own an interest in the Bidder s business which is less than a controlling interest, either direct or indirect. By: Signature Title: Subscribed and sworn to before me this day of, 20. Notary Public My Commission Expires: Notary Commission Number: County & State Where Notarized: The Affidavit must be signed by an authorized agent and notarized 18