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2007/02/27 City Council Resolution 2007-27RESOLUTION NO. 2007 -27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AWARDING THE CONTRACT TO AT &T FOR A NEW CITYWIDE TELEPHONE SYSTEM WHEREAS, a Notice Inviting Sealed Bids was approved by Council on November 14, 2006, and; WHEREAS, the RFP was advertised for bids and bids were opened on January 10, 2007, with the lowest responsive, responsible bidder being AT &T, and; WHEREAS, funding for this equipment is provided via the 1999 COP Bonds issued for the public acquisition of a new city hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and award the contract to AT &T of Rohnert Park, California for the amount of $198,815.48. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents necessary for the award of the contract for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 27th day of February, 2007. ATTEST: CITY OF ROHNERT PARK IX ' j Mayor Exa BREEZE: ABSENT MACKENZIE: AYE SMITH: AYE STAFFORD: Y,,.YE, VIDAK- MARTINEZ: AYE AYES: (4) NOES: (0) ABSENT: (I) ABSTAIN: (0) JH- S:05 -d AGREEMENT FOR SERVICES This Agreement is made and entered into on this 27th day of February, 2007 by and between the City of Rohnert Park, hereinafter referred to as the "City," and AT &T, hereinafter referred to as the "Consultant." WHEREAS, the City requires a New Citywide Telephone System; and WHEREAS, the Consultant is qualified and experienced to provide such services. NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set forth, mutually agree as follows: 1 SCOPE OF WORK. Consultant shall perform those services described as Tasks in the Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames stated therein. 2. COORDINATION. Consultant shall assign a project manager, to personally participate in said project and to coordinate the activities of the Consultant. 3. COMPENSATION. A. City shall pay Consultant as compensation in full for such services and expenses at the rates set forth in the Standard Hourly Rates and Charges attached as Exhibit "B," the total sum not to exceed $198,815.48 plus change orders as permitted by the City's purchasing policy. Progress payments will be tied to completion of tasks so all payments are proportional t the work completed. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. B. Consultant shall submit itemized monthly statements for work performed. City shall make any payment due within thirty (30) days after approval of the invoice by City. Payment will be made for the approved amount of the invoice minus ten (10) percent. The ten (10) percent retained by City will be held until 30 days after final completion and acceptance of the contract work. C. Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. 84380tv4 80078/0012 1 JH- S:05 -g (updated 9/11106) 4. TERM. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final acceptance by City unless terminated earlier as provided herein. . 5. NOTICES. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: TO CITY: INFORMATION SYSTEMS 6800 HUNTER DRIVE, SUITE B CITY OF ROHNERT PARK ROHNERT PARK, CA 94928 TO CONSULTANT: AT &T CALIFORNIA 6000 STATE FARM DRIVE ROOM 15100 ROHNERT PARK, CA 94928 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving notice pursuant to this Paragraph. 6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to secure City's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. 7. CITY'S RIGHT TO TERMINATE /SUSPEND CONTRACT. At any time and for any or no reason, City shall have the right to terminate this Agreement, take possession of the Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as they are complete and acceptable to the City, and pay the Consultant such equitable proportion of the total remuneration as the work satisfactorily done by the Consultant at the time of such discontinuance bears to the whole of the work required to be done by the Consultant under the terms of this Agreement. 8. CORRECTION OF WORK. The performance of services or acceptance of information furnished by Consultant shall not relieve the Consultant from obligation to correct any defective, inaccurate or incomplete work subsequently discovered and all such work shall be remedied by the Consultant on demand without cost to the City. 9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Consultant and the City. In such event, compensation as set 843801v4 80078/0012 2 JH- S:05 -g (updated 9/11/06) forth in the Scope of Work shall be subject to renegotiation upon written demand of either party to the Agreement. 10. RECORDS OF PERFORMANCE. Consultant shall maintain any ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law make these records available for inspection, audit, and copying by the City. All data, documents, discussions, or other information developed or received by or for Consultant in performance of this Agreement are confidential and not be disclosed to any person except as authorized by City or as required by law. 11. SUBCONTRACTING. None of the services covered by this contract shall be subcontracted without the prior written consent of the City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and dollars amounts of all contracts and subcontracts relating to preparation of the report. 12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole or in part, without the written consent of the City. 13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall indemnify, hold harmless, release and defend City, its officers, employees and agents from and against any and all actions, claims, demands, damages, disability, losses, expenses including attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Consultant, in whole or in part, arising out of Consultant's activities hereunder, including the activities of other persons employed or utilized by Consultant in the performance of this Agreement (including design defects and regardless of City's approval, use or acceptance of the work or work product hereunder) excepting liabilities due to the sole negligence or willful misconduct of City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this Agreement. 14. INSURANCE. Without limiting consultant's indemnification provided herein, Consultant shall comply with the requirements set forth in Exhibit C to this Agreement. 15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. Consultant agrees to use reasonable care and diligence in its profession in rendering services under this Agreement. Consultant agrees that the acceptance of his work by City shall not operate as a waiver or release of said obligation of Consultant. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve professional judgment shall not'be used as a basis for submission of inadequate work or incomplete performance. 16. LITIGATION SUPPORT. Consultant agrees to testify at City's request if litigation is brought against City in connection with Consultant's report. Unless the action is brought by Consultant or is based upon Consultant's negligence, City will compensate Consultant for the preparation and testimony at Consultant's standard hourly rates, if requested by City and not part of the litigation brought by City against Consultant. . 17. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working 843801v4 80078/0012 3 JH- S:05 -g (updated 9/11/06) for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 18. CONFLICT OF INTEREST. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. 19. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and /or such other person's financial interests. 20. MERGER. This Agreement shall constitute the entire Agreement between the parties and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter. No modification of this Agreement shall be effective unless and until evidence by a writing is signed by both parties. 21. DEFAULT. If Consultant should fail to perform any of his obligations hereunder, within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, City may terminate this Agreement by giving Consultant written notice of such termination, stating the reason for such termination. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Consultant. 22. NO WAIVER OF BREACH; TIME. The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder. 23. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 24. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. 25. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in 84380tv4 80078/0012 4 JH- S:05 -g (updated 9/11/06) performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Consultant is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides its employees. In the event City exercises its right to terminate this Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under rules, regulations, ordinances or laws applicable to employees. 26. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to the United States for to the State of California as a consequence of Consultant's failure to pay, when due, all such taxes and obligations. 27. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age, national origin, or other prohibited grounds in its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds. 28. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal, state and local laws, rules and regulations affecting the Consultant and his /her work hereunder. Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession and to do the work hereunder. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his /her profession and do the work contemplated by this Agreement. 29. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the Consultant under the Agreement shall be vested in the City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the City without restriction or limitations on their use. Consultant may retain copies of the above - described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement or until ninety (90) days after receipt of final payment from City. 30. INTERPRETATION. Notwithstanding the fact that one or more provisions of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. 31. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 32. AUTHORITY. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such parry and that this Agreement is binding on such party in accordance with its terms. 843801v4 80078/0012 5 7E1- S:05 -g (updated 9/11/06) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ROHNERT PARK: CONSULTANT: By: / By: Name: (Date) Name: Title: Title: Per Resolution No. adopted By: by the City Council on Name: Title: ATTEST: City Clerk APPROVED AS TO FORM: �S City' Attorney (Date) (Date) 843801v4 80078/0012 6 JH- S:05 -g (updated 9/11/06) 1 *0i: : =1 :ail SCOPE OF WORK ►11i SCHEDULE OF PERFORMANCE 1.2.1 General Description of Buildings & Equipment Estimates: City Hall, 6750 Commerce Blvd (location will change in late 2007) —1 floor a. 1 Attendant Console (Cisco 7961 or equivalent) b. 5 Executive handsets (Cisco 7961 or equivalent) c. 35 2 -line speakerphone handsets (Cisco 7941 or equivalent) d. 1 8 -port analog interface device for Faxes e. 1 Call Manager Express (PBX Switch) (or equivalent) 2. Finance Annex, 6800 Hunter Drive — 1 floor (including Senior Center) a. 1 Attendant Console (Cisco 7961 or equivalent) b. 1 Executive handset (Cisco 7961 or equivalent) c. 30 2 -line speakerphone handsets (Cisco 7941 or equivalent) d. 1 8 -port analog interface device for Faxes 3. Public Works, 600 Enterprise Drive — 2 floors a. 1 Attendant Console (Cisco 7961 or equivalent) b. 20 2 -line speakerphone handsets (Cisco 7941 or equivalent) c. 1 8 -port analog interface device for Faxes 4. Community Center Complex, 5409 Snyder Lane (3 buildings) 2, 1 -floor & 1, 2 -floor a. 3 Attendant Consoles (Cisco 7961 or equivalent) b. 20 2 -line speakerphone handsets (Cisco 7941 or equivalent) c. 1 8 -port analog interface device for Faxes 5. Public Safety —Main, 500 City Hall Drive —sprawling three floor building a. 2 Attendant Consoles (Cisco 7961 or equivalent) b. 4 Executive handsets (Cisco 7961 or equivalent) c. 70 2 -line speakerphone handsets (Cisco 7941 or equivalent) d. 1 8 -port analog interface device for Faxes e. 1 Call Manager Express (PBX Switch) (or equivalent) 6. Animal Shelter, 309 J Rogers Lane — 1 floor a. 5 2 -line speakerphone handsets (Cisco 7941 or equivalent) b. 2 wireless phones (Cisco 7920 or equivalent) c. 1 8 -port analog interface device for Faxes 843801v4 80078/0012 7 JII- S:05 -g (updated 9/11/06) 1.3 Scope of Service 1. Call Mangers (telephone switches) (2) — one at City Hall, one at public safety 2. Appropriate handset type replacements at above locations 3. Central Office connections (design) - Cotati & Rohnert Park 4. Voice traffic to travel over existing (new) Cisco & AT &T OPT -E -MAN network 5. Telephone number change management including 4 -digit dialing 6. Ensure existing remote site access (Northern & Southern Public Safety stations) 7. Installation, configuration and training 8. Maintenance & Warranty 9. Analog device integration for Faxes and other equipment 10. Assess UPS capacity for increased telephony load 11. Removal of old telephone system and related equipment 12. Design flexibility allowing for planned City Hall and Finance Annex consolidation 843801v4 80078/0012 8 JII- S:05-g (updated 9/11/06) c COMPENSATION RATES AND CHARGES COST BID FORMAT - Annex A Bidder Name: ATTACHMENT 8.1 NOTICE TO BIDDER: The Bidder shall indicate below the offered price for providing all services proposed including all services as defined in the Standard contract Scope of Services of the subject RFP. This Cost Bid must specifically record below the exact cost amount(s) proposed in the appropriate space(s) as required herein. Said cost proposed must incorporate all cost for the proposed scope of services for the total contract period. The Cost Bid shall detail only the cost proposed as required, and shall not detail any other rates, amounts, or information. it shall not detail any text that could be construed as a qualification of the cost proposed. If the Bidder fails to specify the Cost Bid as required, the City shall determine the bid to be nonresponsive and reject it. The Bidder must sign and date the Cost Bid. Materials (Hardware/Software /Licensing) $131,967.08 Installation $38,800.00 Maintenance/Warranty $17,612.65 Training $10,435.75 Tax (7.75 %) $11,036.22 Shipping $0.00 Proposed Cost Total $198,815.48 The proposed cost and the submitted technical bid associated with this cost shall remain valid for at least 180 days subsequent to the date of the Cost Bid opening and thereafter in accordance with any resulting contract between the Bidder and the City. Bidder Signature Ali ' Date: 11.1,110;7 843801v4 80078/0012 9 7H- S:05 -g (updated 9/11/06) Customer: City of Rohnen Park' Project Name: New Citywide Telephone System Quote Date: January 10, 2007 at &t Expiration Date: February 9, 2007 _WN- N1 -.111 ; cisCO.�sl -._ems mC.. zaxrx4 AVC_lop leM -Ufoer Svc lOr tacit mary wmp _ � D _,000. law. ..__. S 1 S - ' MCSMCS- 7835�H7- ECSt -ECSt Cisco�emslnc. "CS 7835-HP; rac, k,•2G8•R.41D 1-,_W _n2K � S 14,00000 -: 54.30 � S 6.398.00! 0 S 6,398_00 UNITY-4.X I Cisco _ systems inc.. ^n - $ '- ..?43A CP7914 =: - NITY-DS -ENG ' C� isopSystemslx._Uni 39500 54.30 S__ - • UNITY(CHANGE___.!. Gmslnn IUniy for Exdfange_ $ 54.30 - S - .._,_.__ UNITY -IP -- ..._._.. i Cisco SYstemslnc. Unityfor CallManager. IP OnIy_Fntegra6ons_ __.; vrequired $ ___. 54.30;_S___.___-._?.._ - ..CPPWR-CUBE -3=_ -_$ $._. UNfTY- MS -ENG I Cisco Systems Inc amity Message Store in English. Not for Domino. [ $ 2057 7 UNITY- AWR-US Cisco Systems Inc. inn !Power Cord -US, Can, Mex,PR, Phil, Ven, T. CoI, ECU -` -$ -� -- 84,30- -$ - --- .. _j_.:.. § - WIN2KENG Cisco Systems Inc ;Cisco Unity Operating System 2000- Englsh $ 04.30 S - 1 $_ - ,UNITY- .,_ UNU4- 300USR -E ITY _ Cisco Systems Inc. !Unity UM ExchO. 300 users. 16 session. 4 YTS S 45.000.00. 54.30 $ 20.565.00 _ 1 S 20.565.00 ; Finance Annex 6800 Hunter Drive FLSRST- MEDIUM= i Cism Systems Inc. !Feat Lie Survivable Remote Site Telephony up to 48 _ phones MC2.4FXO= CiscoCism Systems Inc. iF�rt Voice Interface Card F_XO_(Universal) _ _ __ S - § 1,250.00- _ _ 800.00 _ 54.30 S4.30 S S 57125- 1 36560 1 $ 57115 _ - S _ 365.60 „ VIG4FXSIDID = Cisco Systems Inc. ;4 port FXSaDID VIC $ 800.00: r 5 36560 2 _ $ 731.20 CP7914 =: Cisco s msinc._?79141P - . _ Phone Ex ansion Module S 39500 54.30 S__ 18052.1 S 1_H0.52 - CP- SINGLFOOTSTANO =; Cisco Systems inc. ?Footnand kit for single 7914 $ 3300 54.30 _ $ _ 3300' t _ S 33.00 - ..CPPWR-CUBE -3=_ ;Coco Systemslnc__ ;IPPhonspowertransformer.forthe 7900 phoneseries S 45.00: 2057 7 S CP- 7941G__ -__ CiscoS _mslnc. ys-_T�___.__-.-_ Cism lPPhone 7941 - $ 3451X}_...54.30 _$.., S 1576730 .,._20.57 4.729.95 - -� CP -7961 G Cisco Systems Inc. ............ Cisco IP Phone 7961 $ _._ 445.00: 54.30 $ 20337 1 .5 __. 5 203.37 - _' Finance Annex Equipment Subtotal: S 6,835.45 Finance Annex Maintenance Subtotal: $ Public Works, 600 Enterprise Drive FLSRSTSMALL= Cisco Systems Inc. `Feat Lie Survivable Remote Site Telephony up to 24 $ 750.00 54.30 S 342.75: 1 S 342.75 - __. f PVDM2 -16= Cism Syslemslne 16- Chancel Packet VoicelFax DSP Module 80000 54.30 S 365. O 1 S 365.60 __ S28NSPSK9- 12411T = =_ Cism Systemslnc,_!Cis [ o 2800 SP SERVICES $ .70000 54.30 S 1_ S 319_90 VIC.4.FXS1DID =_., Ciscobystemslnc_,4 _ __ port FXS or 010 VIC �.. § 80000. 54.30 S _31990 365.60 2 _- S 731.20 - V1C2.4FXO =_ _'_ Csco stemsinc.._ Four -port Voicelntedaceeam_.>:Xg (UniversaQ__. _ $ 80000 54.30_ $ 36560 1 -. S 365.60 __ ___ CP 7914 =___ -I.. Cism Systems Inc.. j7914 IP Phone Expansion Module S 395.00 54.30 S_ _ 52 J_ _.. $ 180.52 ". CP- SINGLFOOTSTAND =; Cisco Systems Inc.: -_ _ _ FOOIStand kit for single 7914 - S 3300 _ 54.30 S _180 33.00, 1 _ . . _ _ ., $ 33.00 CP -PWf1-CUBE- 3 - -._i, Cisco Systems inc- ;IPPhonepowertransfer- forlhe7 WOOne series___,_ 45.00 S430 1 20.57. �. CP 7941 G_.. -. Cisco Systems Ine,_�Cisee lP Phone 7941 ,S § 34500 54.30 _S _ $ __.2057. 157.67 20 .. _$ .., S 3,153.30 , CP- 7961G Cism Systemstre.;Cism ,_.,.. ..__._ lP Phone 7961 S 445.00 54.30 S 2033T 1 -. S 203.37 Public Works Equipment Subtotal: $ 5,715.80 Public Works Maintenance Subtotal: $ - Community Center Complex, 5401 Snyder Lane FL- SRST- SMALL= I Cism Systems Inc. Feat Lie Survivable Remote Site Telephony up to 24 S 750.00.' 54.30 S 342.75 1 S 342.75 . .._____. Phones - ,__-- PVDM2_16 =._. __„ .. _ Cisco Systems Inc.. t6 Channel Packet VoccelFax DSP Module $ 80000 54.30 $ 365;60 1 S. 365.60 S28NSPSK9- S2 Cisco Systems Inc. Cisco 2800 SP SERVICES S 70000 5440 S 319.90 1 $ 319.90 843801v4 80078/0012 10 1H- S:05 -g (updated 9/11/06) Customer: City of Rohnert Park Project Name; New Citywide Telephone System Quote Date: January 10, 2007 Expiration Date: February 9, 2007 at& - / t 1 �, <•....,.�- , <,wwc,. ., xss oems mc. .�rsco tcwu aerres wa mneuea� Lnry AIR- ANf4941 Cisco Systemslnc. .2.4GHz,22dBi Dlpole Amennawl RP- TNCConnecLQty. S $ 54.30 19.00: 54.30 $ 8.6& 1 $ 8.68 I AIR- ANT5135D -R Cisco Systems kit i5Gtiz 3Sd8i Black Dipole Antenna vvlRP -7NC connector connector $ _.. 79.00' 54.30 � S _ 8.68: 1 _...g � _8.68 AIR•AP7242MN7GKfT - Cisco Systems Inc. �AP7242Aaess Point CeilinglWaB Mount Bracket i4t- spare: S 29.00. 54.30 $ 13.25: t $ 13.25 - - -- AIR -PWR -A _ Cisco Systms elnc ,Pwr Silly to :100- 240VAC OuC48VDC 380mA 1700, - $ - � - --� 54.30 0 - $- -� --- i_,____ i1130AG,. 1200 - AIR•PWR CORD -NA _ _ Cisco terns Inc ;AIR Llne CordNogh America _ . $ __ 54 30 $ 1 $ _ __CONSNi- AIRAPAK9 CiscoSystemSIM !SMARTNEf BXSXNBD 802.11 alg Non•mttdula $ 72.0d.- S _... 61.20. t _ - $ _ __ _ _ _ 61.20 _ C1SCO2821 -V1" , 1 Cisco Systems Inc. !2821 Voice Bundle. PVDM2J_2,SP Serv,64F/256D $ , .1500 4 695 00 54.30 MEM2800.256D -INC j Cisco Systems Inc. !256h18 DDR DRAM Memory factory default for the Ciao ;�$- 54.30 S . , _ - 1 -S S - -- - -___. 2800 MF�12800.64CF -INC - -- Gsco Systems Inc !64M8 CF default or Cisco �___ PVDM2- 32_ _ Cisco Systems inc ,32- Channel Packet VoioelFax DSP Module 5430 S -1 - $ - ._ ROUTERSDM - - -_.. � Cisco Systems Inc.:0avice manager for routers `- $ _ 54.30 _ S28NSPSK9 -12403 _ _ Cisco Systems Inc.:Clsoo 28W SP SERVICES $ - _..._ i__ CAB-AC Cisw Systemslnc_POwer Cord,170V $ __... _. _. _54.30 �. 54.30 3_,... 1 $- FL- SRSTSMALL r Cisco Systems Inc. ;Feat Lic Survivable Remote Site Telephony up to 2;t _- $ 75000: 54.30 S 342.75' 1 _ $ 342J5 HC -09ESW PO IM E Csco Sy stems inc. '4Port Ethernet Switch HWiC with Power Over Ethernet `� $ 1,080001 5430 S 49356 1 $ 493.56 PWR- 282"1.AC -tP - -_ -- Cisco Systems inc -Cisco 2821/57 AC11P over su -Cisco pFXO $ ---.. 600 00 54.3D $ _. -274 20 1 S - 274.20 ! VIC2 2FXO _ __ Systems Inc. *Two-port Vol ce Interface Card Universal - _ 40000: 54.30_ $ 80_ 1_ VWIC2- 1MFTT1/Et I CiscoS stems Inc ;1•Port 2nd Gen Multiftex Trunk VoiciPjAN Int Card - � Y _$- -- - $ ],30000: 54,30 -$ 59410 1 __$_ S 594.10 CON- SNT- C2821VK9 - CiscoS ystemslnc. :BM ea- T8X5XNBO2827Vo'iCe Bundle,PV - $ 50500, 15.00 S 1 $ 429.25 CP- 7920 -FO-K9 Cisco Systems fna ;Cisco 7920/FCC; CCMICCME UL Regd; BauerylPS Not .: $ 425.00! 54.30 $ 794 23I 2 S 388.45 - -_- CP- 7920SW -t( &FCC C -___ _'In�l- Cisco SVStemslnc. Cisco 7920 Software FCC $.54_30 $- 2 -_$ -_ CP•DOG7920.ACCY -E .... Cisco Systemslnc, Gsw 7920 Accessory Gwde.Enghsh $ CP -DOC- 7920 - RCSI -E _ __ Cisco Systems Inc. !Cisco 7920 RC$t En °lish $ .5480 :. 54.30- $- - 2 _ - CP- OOC- 7920-E _ _ Cisco stems inc. ., Cisco 7920 User Guide. Englsh $ _ -, , $ _ - 2 _S 5 - � WS SlemS inc. ;AC Power cord North America $ _,.54.30 5000: 5430 -2 45_70 . CP 7941G ? Cisco Sy_5tems Inc, .Cisco IP PhoPhone 7941 -. $ _. 345 00 54.30_ ,. -52285_ 5 5 $ 788.33 CP•BATT 7920.STD= _ _._ Cisco Systems inc Cisco 7920 Battery Standard S ..__. 75.00 -. 54.30 _ S ..157.67 . . 34.28. 2 _. $ ._._..___ 68.55 C .. CP -00C- 7920- ACCY_E Ctsco Sy_ stems ine 'Cisco 7920_ACCessory Guide English- 54.30 _____..____- $ __.._. - 2 _.- S ..__.__ -__ COICASE--T920-140 ,. Cisco Systeme inc C!sco7920 Case Holster .5 ..___ $ 3500 5430 $ 16.00 2 $ 31.99 - - CP•OOC•7920•ACCY -E ! Cisco Systems Inc. 'Cisco 7920 AccessoN Guide. English � � � �� - - �- Accessory -� � 54.30 S . � 2 R I Animal Shelter Maintenano Subtotal: $ 49045 Public Safety - South Substation CISCO2821 -V/K9 . _Cisco _Systems Inc._ 2821 Voice bundle PVDM2- 32SPSeN,64F1256D S 4.69500. 54.30 S 1„ S_ 2,145.6.2 MEM2800.2560•INC Coco Systems Inc. ,,256MB DDR DRAM Memory factory default for the Cisco - - ..2800 -_ MEM2800649FINC_ Cisco Sy_stemslnc,.,64M8 CF default for ,GSCO 2800 Series _ $ 5430 $ - 1 $ 843801v4 80078/0012 11 1H- S:05 -g (updated 9/11/06) Customer. City of Rohnert Park `' ' Project Name: New Citywide Telephone System at &t Date: January 10, 2007 aT ` &t Expiration Date: February 9, 2007 ruu— .arcry - — u+ uuwreaan ( IAT &T Installation Services. Does not include installation of INSTALL_ A_7 8iT Syn- AM ov___ _Singorc__accouming applications._; $ .34,000_00: ___0.00 ..;.3.34.00 -0__ �_ _S._._._.__34.0:0.. i 'AT&T Decommission Services ofensting PBX equipment : - - - ' DECOMMISSION & Does NOT include removal of existing cabling - Overhead Paging Systam 131,967.08 Maintenance Total: 17,612.65 Training Total: SA- ANNOUCE IP Audio and Text Paging Application, 250 Installation Total: 3&,800.00 Estimated Sales Tax: ;phones. Application requires a Windows 2000 SP 2 or - 198,815.48 greater, 512 meg ram, P41.Oghz or better processor, and 1 gig hard drive space. Server is not included with this L...__ANNOUNCE -250_. SXP_A3P5 �Praposal.. _ ; S 3,800-9L. 10.00 $ 3,420.00 1 : S 3,420.40 i a Year of Syn -Apps Maintenance (includes unlimited a -mail; ����- -" tANNOUNCE_250 MAINT. , _ ..,_Syn -Apps .and 2 support calls per month) ; S 760.00 10.60 i $ 684.00: 1 : $ &A.J0 Overhead Paging Equipment Subtotal: 3,420.00 Overhead Paging Maintenance Subtotal: 684.00 :Cisco Call Accounting Application, unlimited. Web based call detail reporting tool. Features: Web Based administration, Schedule reports for e-mail delivery, Group phones by company or department, Associate costs to each __.. --- i._._ Syn -Apps _ _ area code. and Associate vests based on number pattun. ; $ 3.150.00 10.00 S 2,835.00 ! 1 $ 2,835.00 - ! 1 Yey� o %Syn -Apps Maintenance (Includes unlimited e-mal CCA MAINT Syn•Apps _ ,and 2 support calls per month) $ 630.00 10.00 : $ 567.00: 1 $ 567.00 Call Accounting Equipment Subtotal: 2,835.00 Call Accounting Maintenance Subtotal: 567.00 Equipment Total: 131,967.08 Maintenance Total: 17,612.65 Training Total: 10,435.75 Installation Total: 3&,800.00 Estimated Sales Tax: 11,036-22 Quote Total: 198,815.48 843801v4 80078/0012 12 JH- S:05 -g (updated 9/11/06) witness .' 41 !� da�� �Q}•tv 5- 0054WEF 11!00 p . ...... •' 'M T SAFECO INSURANCE COMPANY OF AMERICA By( Paul.,tdv!'Se�ttie Attorney -in -Pact IN 440 eredWomwxofSAFECOCm Flsap EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000.00 per occurrence. 843801x4 80078/0012 13 JH- S:05 -g (updated 9/11/06) Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds the City, its elected officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may' affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due 843801v4 80078/0012 14 JH- S:05 -o (updated 9/11/06) Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self - insure or to use any self - insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self- insure its obligations to City. If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self - insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self - insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least 843801v4 80078/0012 15 JH -S:05, g (updated 9/11/06) the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 8438010 80078/0012 16 7H- S:05 -g (updated 9/11/06) WECo lnswwce Company %"wSAFEC4' SPOiW r eattlef, WA 98124 -1526 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A -310 KNOW ALL BY THESE PRESENTS, That we, Pacific Bell Telephone Company dba AT &T DataComm 6000 State Farm Oran Rohnert Park CA 94928 - as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA of 4634154th PL NE Redmond, WA , a corporation duly organized under the laws of the State of Washington 'as Surety, hereinafter tatted the Surety, are held and firmly bound unto City of Rohnert Park, 6800 Hunter Drive, Rohnert Park, CA 94928 as Obligee, hereinafter called the Obligee, in the stun of 10% of Total Bid------------------------------------ ---- ------ -- --- ------ --- -- - - --- Dollars (S 10% of Total Bid ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, execut ors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for a new city -wide telephone system Bid Open Date: January 10 2007 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligeo in accordance with die terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Docomems with good and sufficient surety for the faithful performance of such Contras and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and e0ea. Signed and sealed this 9th day of January , 2007 . 0 54VA5 S 19/oor Witness Witness Pacific Bell Telephone Company dba AT &T DataComm (Seal) ( Principal {C Title SAFECO INSURANCE COMPANY OF AMERICA gYl l C- --::&- Paul. 6w-Seattie Attomey -in -Fact 1' ?- b •,"`�I `Q�l��b?;lo%tsterad tad"wk of WECO Coaparathon FRp •�l�•l„Nt,UllNll�. 843801v4 8007 8/00 12 17 7H- S:05 -g (updated 9/11/06) STATE OF Texas County of Bexar ACKNOWLEDGMENT BY SURETY I ss. On this 9th day of January , 2007 , before me personally appeared Paul G. Beattie , known to me to be the A.ttomey -in -Fact of SAMO ksurancc Company of America , die corporation drat, executed die widifit instrument, and aclwowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I Dave hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. My Commission Expires•�?7 009. 0~ JIMENEZ +i.A•e ti }o (Seal) =� Notary Pttb4e, Stare e! Texas 1i'r' r � My COrtil111s510n E;�ires May 17, 2004 5- MOMEEF 2198 843801v4 80078/0012 18 JH- S:05 -g (updated 9/11/06) Safety tnsumvice Company of Anwice � POWER � nt insurance Company of America ■ OPATTORNEY Sam ,wAA96185 KNOW ALL eY THESE PMENTS: No. 9672 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **" PAUL G. BEATTIE; JONATHAN P. KLUG; KENNETH C. LONG; RONALD I WALTON, San Antonio, Texas"•" Its tnm and lawful alWrrtey(s}irrfact with full authority to execute on its behalf fidelity and surety bonds or undertaidogis and other dmunents of a similar tunic lar Issued In the course of Its businaw. and to bird the resWilve company thereby. IN WMMS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these prsserds a8s 26th day of June . 2006 STEPHANIE DA LEY iiUATSQN,��1CRETARY Till [w1KOLA313AiSKi, SElfIORVICE- PRESiOM SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Arede V, Section 13. - FIDEL Y AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appofntod for that purpose by the officer In charge of surety opemtimm, shad each have authority to appoibt Indivftals as attomeys -in -fact or under other aWropdata Was with auUarify to axecuts on behalf of the company tkleltry and surety bonds and other documents of sin lar charader Issued by the company in the course of As buskress... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument oonfwting such authority or on any bond or undertaking; of the company, the real, or a facsimile thereof, may be hnpressed or affixed or in any other manner reproduced; provided, hawever, that the seat shall not be necessary to the vefidlty of any such Instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adoptod JWy 28.1976. 'On arty cadifleate, executed by the Seaefary or an assistant secretary of the Company setting out i CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the , and a duly authorized representative of the firm of , whose address is and that neither I nor the above firm I here represent has: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or C) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Date Signature agr \Consult. 843801v4 80078/0012 20 JH- S:05 -g (updated 9/11/06)