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Resolution 1999-058
RESOLUTION NO. 99-58 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached contract with Fujitsu Business Communication Systems for the purpose of replacing the City's existing PBX system, to allow for attachment of the City's Tennis Center to the PBX network and to purchase the proposed Call Accounting Software. PASSED AND APPROVED this 23rd day of August, 1999 APPROVED: / .' / i .I ¡ ! ¡J i ,/ , , \ ~- .'/[ ¿ { ,/" ì ..' ( ¡.,/ ;' f i' , , Charles Scoma - Mayor ATTEST: /~) /-/ -- . /1-), _ .J.-. ( ...../ÚA/l( (!I¿:¿ /~~ -Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: ~ ?Zf;/.. ---------------- / _ __.~- 7 /- / / :/ /--".:/1. I ¿. ? ! C:--> '.... Rex McEntire - Attorney for the City ,'he ( 'Ity ~ì(YrJnh Rlchfand HilL, rt!lecommu.r.¡Cat:()M3 S~'stem 5.13 Telecommunications Equipment and Services Sales Agreement THIS IS AN AGREE~1ENT. entered into by and between The City of North RichIand Hills, with princIpal offices at 730 I NE Loop 820, North Richland Hílls, Texas 76180 ("The City"), and Fujitsu Business Communication Systems ("Vendor"). at 3190 Miraloma Avenue. Anaheim, California 92806 this ~cL day of September. 1999. In consideration of the promises herein contained, the parties stipulate, represent and agree, each to the other, as follows: I. These Tenns and Conditions, together with Exhibit I Exhibit II Exhibit III Exhibit IV Exhibit V Exhibit VI Exhibit VII Exhibit VIII Exhibit IX Exhibit X Exhibit XI Exhibit XII Exhibit XIII Exhibit XIV - -, )Jj¿ 1 , ËV\1 II{ ,r ~ Ç. 74- fC« (~~,.,- (2, F (L -i-«., r,c .....r'ii:!. ......; attached hereto and made part hereof. shan constitute the entire present Agreement between the parties. Copyngh¡9 1999 by OTM Engineenng. Inc, The Request for Proposals and Addendum 1 to the RFP and Accepted Portion of Vendor Response with Revised Pricing Itemized Equipment Listings, Total Price Quotation and Lease Factors (from Proposal) Pre-Cutover Price List (from Proposal) Post-Cutover Price List (from Proposal) Technical Reference List The Maintenance Agreement (from RFP) Manufacturer's Letter of Support Right To Use Software Progress Payment Schedule Perfonnancc Bond Certificate of Vendor's Worker's Compensation and Comprehensive General Liability Insurance Installation Site (from RFP) Revised Configuration for the City of NRH Fujitsu Letter Dated August 19. 1999 Summarizing Final Negotiations Agreement Page I The City ofXorrh R¡ch/and ¡¡¡lis TelecomrnUnlcatlOns .<'):srem 2 \:0 change in, addition to. or \\al\er of the terms. conditions éU1d specIfications contall1ed herem shall be a binding obligation on eIther tile Vendor or The City unless approved In writing by the Vendor and The City COPYright '&~ 1999 by 07:\1 Engineering, 1nc Page 2 The e,l. o,Sor/h R,chfund liil!s Telccommumcul/on.\' .\V51em :1 Vendor agrees to sell to TIle CIty, the eqtllpment and other property described In Exlllbit 11 and sublicense the assoCIated software All such equipment, together with all cable, hardware. soft ware, and other matenal used in the installation thereof is hereinafter collectively referred to as the "Equipment" TIle equIpment and other property described III Exhibit II hereto \vill be entirely new and will not previously have been used in any manner other than in testing for this installation Vendor agrees to sell a, A private telephone system(s), commonly referred to as a Private Branch Exchange (PBX), ("Equipment"), manufactured by ftljit~tl Iltl.':lit\t:!.':I Cðtt\fflt\flÜ!!8~6t\ g) .':It8tt\S. B2'>jf""" ~ l"'\I\.C",..t\M'" , A Voicemail svstem rnanufactmcd by Fujitsu Business Communication Systems. j1:~!~~ r¿ Ü, A CaB Accounting system manufactured by XIOX Corporation. J' b c, 4. The City shall have direct right of action against Vendor and Manufacturer, as Manufacturer so warrants in Exhibit VII, by any reason of any faìJure of any warrdI1ty 5. Vendor acknowledges that The City may desire to expand, reduce, change and/or modify the Equipment. Exhibit IV is a schedule of component parts, and, set opposite each component part, are prices at which same may be purchased by The City with or ",ithout instal!ation of each such component part to be provided by Vendor. In addition, prices contained in Exhibit IV are guaranteed by Vendor without fluctuation, for a period of twenty-four (24) calendar months commencing with the Cutover (as hereinafter defined) of the installation of the Equipment. Thereafter the prices contained in Exhibit IV shan be no higher than prices for similar owners in Texas. Vendor warrants and agrees that an system components required to cause the Equipment to properly function are contained in Exhibit IV, and that an such components, or equivalent substitutions, arc now in, and shall remain available from, regular stock for a period of ten (10) years commencing with Equipment Cutover at each Site, and shall be installed within a reasonable time after receiving a request and order from The City for the same C,opynghl,g 1999 by on! Englneenng. Inc. Page 3 The ClIy or.\'orrh enhlanJ fI:/ls Telecommunlcallons ,'->stem 6 Exhibit II shall be used for the purpose of computing the final price for the Equipment lIsted In blllbt XII After acceptance thereof by The City, an inventory shall be undertaken jointly by The City and Vendor detenmning the number of units of any component part of the Equipment that vary from the nllInber of such components set forth in Exhibit II. The price for the Equipment shall be increased and/or decreased at the unit prices set forth in Exhibit III, and the ,unount Ú1ereof shall be deducted from or added to the sale price of the Equipment to The City 7. Within seven (7) days of the execution of this Agreement, Vendor \\ill designate an experienced. competent and knowledgeable full-time Vendor employee as Vendor's Installation Manager responsible for all work under this Agreement, and will notify The City in writing of the identity of this individual. Vendor's Installation Manager shall have experience managing projects of similar size and complexity in similar environments, Vendor's Installation Manager shall be the single point of contact for work under this agreement and shall have the authority to direct the work of all Vendor employees and subcontractors perfonning work covered by this Agreement. 8. Beginning no later than one (I) week after designation of a Vendor's Installation Manager, and every week thereafter, Vendor will furnish a written progress report to The City on the status of all items in the project plan, Vendor shall provide status on task completion status, adherence to timeframes, and shall identify in each progress report any matters that could cause delays in meeting the dates on the project plan. Such notice shall not in any way be construed as a waiver by The City of any rights or remedies to which it is entitled by law or pursuant to provisions herein. 9 Vendor shall convene Coordination Meetings with The City, at a minimum of once a week or more frequenÚy if deemed necessary by the City or Vendor, to review progress reports and the project plan throughout the course of work under this Agreement. 10 Vendor shall cause all switching equipment and cable to be completely installed and operational no later than twenty-one (21) days prior to the Cutover Date, All materials and workmanship shall be subject to inspection and test by The City prior to cutover. Upon completion of installation, Vendor shall notify The City. in writmg, that the Equipment is ready for inspection and test. The City and Vendor shall inspect and test the Equipment in accordance with the applicable Manufacturer installation manuals, and The City specifications, The City reserves the right to reject any Equipment which contains defects in material or workmanship or which fails to meet the specifications contained in Exhibit V, or Vendor's warranties (expressed or implied). Rejected Copynghll: 1999 by on! rc'ngmeer;ng, 1nc Page -4 The ('I'Y ùl'Vorlh Rich/and Hills relecommz~n¡catlons .\\',)(em Equlpmcnt shall bc rcmovcd at thc cxpcnse of Vcndor, mcludmg transportation both ways, promptlv aftcr notIfication of rCJection As to rcjccted goods, Vcndor shall bear a1l costs, inspection and risk of loss Paymcnt by The City for Equipment supplied hereunder shall not constitute acceptance thereof If subscqucnt inspcction discloses dcfects in matcrial or workmanship, or failurc to meet tl¡c specifications contamed herein At such time as all such inspections and tests shall have been completed to The City and Vendor satisfactIOn, Vendor shall give The City written notice thereof, and notice of the date on which the Equipment shall be placed into service ("Cutover") On the date of Cutover. Vendor shall notify The City in writing that the Cutover has occurred. II tc"rl~) During the first five (5) business days follmving cutover, Vendor will have a minimum of fÌ\t: (5) '5,><. Lv) Ol\l""bbU technicians and 3eH:R (7) customer service representatives",at the installation sites who have been previously involved in the installation and are familiar with The City's system. f. R'HRifftHlt\ 6f one ie0Rnioian '",ill b@ à@àicat@à fGr eaGR øf tHe relHøte sites, twe teeHfl:Íeiftft3 ·.vill be dedicated 1'1t City .~ A miIlÍmum of three customer service representatives will be dedicated for City Hall £-,:"'k,¡0I~G- 12~("""'(( ()rl'-' Aµ~ cs;:,;,- (ù¡>F-ðk'-- UU..L (including Police Dispatch). tW6 ·,.ill be dedicated at the nðrtn M1:1ftieipal COlllpk^ (;lldudiIlg [I f" J. ¿Le· [ .. f <'J> J. J.ç¿ ~ c": bt -r '" l.~~ t /lL':;~"1: r' ~,,; 1> ['-'Fo,)cc'fL Ì' <. ¡. tJ. pin Station #4) Md ofle fOf eaeh of the remftiRœg sÎte3. Additional support will be required afte¡ hours for Police Dispatch and Fire Station #4, 12. Within thirty (30) calendar days following Cutover, The City shall either accept the Equipment in writing, ("Acceptance"), or notify Vendor, in writing, of any defects in material or workmanship, or failure of the Equipment, or any component of the Equipment, to meet and perform in accordance with the specifications contained in Exhibit V With respect to any such defects or failures, Vendor shall proceed immediately to rectify same, As soon as all defects or failures relating to Cutover arc rectified and made acceptable to The City, The City shall notify Vendor of Equipment Acceptance in writing. 13. Provided, however, that the failure of The City to notify Vendor, in writing, of its Acceptance within the times set forth above after Cutover, (or within thirty (30) calendar days after notificatJOn from Vendor that remedial work has been completed), shall be deemed to constitute Acceptance of the Equipment Nothmg in this Paragraph shall limit Vendor's warranties, representations, and other agreements wiù¡ respect to defects, faulty workmanship. ,md satisfactory operation of Equipment as hereinafter set forth. any consent required of The City hereunder shall not be UI1Jeasonably withheld. Copyngh,'ç: 1999hyOn'v! Engineenng, lnc f'ùge 5 á!J~ ~< / -t .--- ----.. The Clry of::,;rrh }"eh/and } fills Telecomm14n;c-;¡llon.'ì S)'stcm 14 TItJc to the Equipment herein descnbed shall not pass until the Acceptance by The City, notwithstanding any agreement to thc contrary, (including but not by the way of limitation, any agreement to pay freight, express or other transportation or insurance charges), Risk of loss prior to such actual Acceptance by The City shall be borne by Vendor. Notlung therein contall1ed, however. shall be construed as depriving The City of its interest, or limiting such interest in the Equipment herein described prior to such actual Acceptance, 15 If The City, after prior written agreement as to delivery date, fails to take delivery of any portion of the Equipment upon arrival, then Vendor shall have the right to place the Equipment in local storage, and The City shall be liable for all transportation to any from the local storage site, loading, storage, and associated costs thereby incurred by Vendor, 16. Vendor represents to The City that it is, or shall become familiar with all of the applicable building, zoning, electrical, and other codes, regulations, ordinances, statutes and/or laws applicable to its inst¿ùlation of the Equipment, and any additions thereto, or any service and/or replacement thereof, and shall fully comply with the same, including, but not limited to, the obtaining and paying for all usual and ordinary Vendor-required permits, licenses or other governmental authorizations to perform its installation work, and that it shall, jointly and severally, indemnify and save TIle City hannless from its failure to comply with the same. Fees will bc waived by Thc City for such pcnnits Vendor at its expenses shall, upon demand of any governmental authority having jurisdiction over the Equipment, make any repairs, replacement and/or modifications required by such governmental authority to comply with any such applicable governing codes. regulations, and/or laws that Vendor failed to comply with at time of original installation, addition, move or modification. The indemnity contained in this Paragraph shall be in effect for the term of this Agreement. 17, Delivery shall be made to The City's recelvll1g area or designated installation site. not to individuals or departments, 18. TIme is of the essence in thIs Agreement. All Equipment must be cutover by Vendor no later than ?-:O\ember 13, 1999. Vendor and The City agree and acknowledge that in the event that cutover has not occurred within the time period provided in this Paragraph, The City shall suffer substantial damages the anlOunt of which is not readily ascertainable or capable of estimation. Copyrrgh, ç J 999 ~y orlJ EngIneering. Inc Page 6 The ClIy o('vorth Rich/and Hills Telecommunications ~\)'Jtem Fat1ure of cutovcr shall be dcfined as the same as "maJor service interruption", para 3c, ExhIbit VI of thc Sales Agreement (Maintenance Agreement) Vendor and The City therefore agree that $500000 shall be deducted by The City from the total contract price set forth in Exhibit II for each da:- or fraction thereof that cutover of all Equipment is delayed beyond the date reqUIred for such cutover as set forth in this Paragraph, provided, however, that the amount of such deduction shall not exceed ten percent of the total contract price set forth in Exhibit II. TIle cutover date set forth in this Paragraph shall be extended if said cutover date is made impossible by virtue of any of the matters set forth in Paragraph 20 hereof. 19. The City reserves its right to reject any Equipment and to cancel all or any part of this Agreement prior to completion of installation of all Equipment and Acceptance if one or all of the following events of default shall occur hereunder whether voluntary or involuntary, by operation of law or pursuant to any order of any court or governmental agency: a. Vendor shall fail to deliver all or any component of the Equipment set forth in Exhibit II, in accordance with the tenns, conditions and specifications contained herein, unless changes to the specifications are requested, in writing, by The City in accordance with Paragraph 5 hereoC or b Vendor shall fail to perfonn or observe any other condition or provision as required under this Agreement, and such failure shall continue for a period of ten (10) days after written notice thereof from The City. c. Vendor shall fail to install the latest software and hardware releases of the proposed equipment. The Vendor's failure to perfonn under sub-Paragraphs (a) and (b) immediately above is subject to the matters set forth in Paragraph 26 hereof r n the event The City elects to tenninate all or part of this Agreement in accordance with the tenns and conditions set forth in this Paragraph, it may do so without liability, except for Equipment set forth in Exhibit II for which there has been Acceptance and for Equipment which has been delivered to any Site in accordance with agreed upon delivery schedule of both The City and Vendor, for which payment shall be made by The City in accordance with the tenns hereof. COPYright © 1999 by OTM Engineering. /nc, Page - The City o(Sonh Pic h:al1d Ifllls Telecommunlcat/on.s ,\.~rJtern 20 The Cny's or Vendor's failure to enforce any pronslOns of this Agreement shall not in any way afTect, lImit, or waive The CIty's or Vendor's right thereafter to enforce and compel stnct compliance with every provision, 21 Vendor makes thc following warranties to The City for thc EqUipment: a. Vendor shall. at the date of delivery. have good title to any and all Equipment supplied hereunder. and the Equipment shall be free and clear of any and all liens and encumbrances, b. To the best of Vendor's knowledge, any and all Equipment shall not infringe on any patent or copy rights and Vendor agrees to notify The City for any infringements c. Any and all Equipment supplied hereunder shall be new and of merchant able quality and in fully operative condition at the time of Acceptance of the Equipment as listed in Exhibit XII. d, Any and all Equipment supplied hereunder shall be fit for the particular use intended, shall be free from defects, whether patent or latent, in material or workmanship, and shall be in full conformity with the specifications contained herein, Vendor agrees that the foregoing warranties shall be in addition to any warranties of additional scope given to The City by Vendor in this Agreement. The warranties contained in (a), (b), (c), (d), above shall be effective for a period of twelve (12) calendar months from the date of Cutover of the Equipment. Vendor's entire obligation and liability pursuant to the warranties contained in sub-Paragraphs (c) and (d) above shall be exclusively limited to repair, replacement or substitution of defective work or Equipment components at its OViI1 cost and expense. Vendor shall have the option of repairing the Equipment in place, or returning the Equipment to other premises for repair In the latter case, Vendor shall replace the Equipment being repaired with like equipment at no further detnmcnt in servlcc to The City Said warranties do not cover the repair, replacement or substitution of defective work or components which are: Copynghte 1999 by On! Engmeenng, fnc, Page 8 The ("ill' O{,\'orth f(¡chlund 1 fills 7é.'ecommun¡CaflOns S.V<ïtem a L.ost or stolen. or b damaged by The City'S neghgence, Itususe or abuse; or c. damaged directly or indirectly by causes other than ordinary use including, but not limited to fire, stea~ vandalism, storm, water, power failures, or heating or coolmg failures provided such failures are not a result of any failure of the Equipment to meet Equipment SpeCIfications: or d. altered or repaired by The City or its agents without Vendor's consent (except repair and/or replacement made by others resulting from the failure of Vendor to respond, timely, as set forth in the Maintenance Agreement attached as Exhibit VI). 22. For a period of ten (10) years beginning with the date on which there has been Acceptance at all sites, Vendor, at its 0\\11 expense, shall defend any action brought against The City to the extent that it is based on a claim that the Equipment, or any portion thereof, infringes a United States Patent, provided The City notifies Vendor promptly, within ten (10) days, in writing of the action (and all prior claims relating to the action), and Vendor has sole control of the defense and all negotiation for its settlement or compromise. In the event the Equipment, or any portion thereof, becomes, or in Ûle Vendor's opinion is likely to become, the subject of a claim of infringement of a United States Patent, Vendor may, at its option, either secure The City's right to continue using the Equipment, or component thereof, or replace or modify it with functionally equivalent Equipment to make it non-infringing In either case the Vendor shall continue to indemnify and hold harmless The City, its successors, assigns, The City, and users of the Equipment against any and all loss, damage or injury rising out of the claim of said Patent infringement. Notwithst,mding the foregoing, in the event that such infringement claim results from a design or modificatIOn requested by the City and incorporated into the Equipment or from a claim based upon the use of the EqUIpment in coordination with other apparatus not supplied by Vendor. the CIty shall indemnify Vendor. Copynghc ç 1999 by on! Engineenng. fnc, Page 9 The C[\, o(Xorrh Rich/and ffili,' TelecDmmun:CtJtlons .S}'stem This article sets forth the vendor's entITe liabIlity and responsibIlIty wIth respect to patcnts, tradelnarks, copyrights or other intellectual property nghts 23 Vendor represents and agrees that all goods herein described shall not be manufactured, sold, priced, transported, or mstalled in violation of any Federal, State or Local law or an) lawful order. rule or regulation issued thereunder 24 Vendor agrees that during the one-month preceding, and for twelve (12) months after, cutover of the Equipment it shall provide the system administrator, operator and station user training to The City employees, These training programs shall be conducted at such times as may be reasonably requested by The City, and at no additional charge to The City, 25. Vendor acknowledges that the Equipment is a "stored program control" system, and from time-to- time so-called new software releases shall be necessary and/or beneficial to the efficient and proper function of said Equipment. Vendor agrees as follows: a. any such "program update" which is required and/or necessary to correct any deficiency in the initial installation shall be provided at no cost to The City; b. any "program update" which is required to cause the initial system to perform m accordance \vith the specifications shall be provided at no cost to The City; and c, any such "program update" developed by Manufacturer which shall add features and/or functions to the original system, not called for in the original specifications, shall be brought to the attention of The City by the Vendor as soon as practical, and The City shall have the option to acquire the same, at the lowest price at which the same is being offered by Vendor to other owners, This provision shall apply only to newly developed features and/or functions, and the notice by Vendor to The City shall fully describe the features and/or functions so developed, and the installed price for the "program update". 26. Either party's perfonnance under this Agreement is subject to acts of God, fires. floods, stonns, water, power failures, riots, insurrection, civil commotion, \\'ar, directives of civil or military authorities, strikes or picketing, acts or conditions for which the other party is responsible, acts or failure to act on the part of the public utility furnishing telephone network services to The City, or any other cause beyond either party's reasonable control. Copynghl,g 1999 by OIM EngIneenng, Inc, Page i 0 The City olSorth Rlchland If¡/ls Tf'lecommunlcat,ons __\)'stem 2ì All wntlen notices reqUIred or pentllttcd to be gi\en under thIs Agreement to any party shall be gl\cn at the address shown lI1 the preamble to this Agreement, or to such other address as may be commulJIcated to ùle oÙ1er parties in writing, and in the case of notice to The City. shall be sent to the attentJon of the Director of Information Services. All \HJtten notices shall be sent by certIfied mail, return receipts requested 28 This Agreement may be terminated by Vendor at its option at any time if any or all of the following events of default shall occur herelmder, whether voluntary or involuntary, by operation of law or pursuant to any order of any court or governmental agency: a TIle City shall fail to make any payment hereunder when the same shall beçome due, ;md such failure shall continue for a period of thirty (30) days after written notice which notice shall make specific reference to this Paragraph and the rights arising hereunder; or b. The City shall fail to perfonn or observe any other covenant, condition or agreement as required under this Agreement, and such failure shall continue for a period of thirty (30) days after written notice thereof from Vendor to The City. The perfonnance by The City under sub-Paragraph (b) immediately above is subject to the matters set forth in Paragraph 26 hereof In Ù¡e event Vendor elects to terminate this Agreement in accordance \\ith this Paragraph, it may do so without liability, and it shall be entitled to payment from The City for Equipment installed and cutover and subsequently Accepted in accordance with the terms, conditions and specIfications contained herein, for which payment shall be made by The City in accordance with the terms hereof 29. Vendor shall have the right to subcontract. in whole or in part, the installation services to be provided under this Agreement, but shall not be relieved of its liability hereunder thereby; provided, however, that The City shall have the right to reject any subcontractor. 30. Except as agreed to herein, Vendor shall not be liable under any circumstances for incidental, consequential. or indirect damages caused by its failure or delay in its perfonnance hereunder 31. Before and after the aforementioned installation of the Equipment is completed, Vendor shall deliver to The City, at no cost to The City, a completed top-quality set of so-called "as installed" CopYright rg 1999 hy onr Engineering, Inc. Page 11 The ('It)' of",\'ol'th R!chland f{¡lls Telecon/!!1unJI..'Ùrl(}nS .))"stem dra\\lngs. show1!1g the locatIOn of all cables, all terminal strips, and all cable temunations. all labeled for approval by The CIty ~2 Wlthm ten days of the execution of this Agreement the Vendor shall provide a performance and payment bond in a form substantially the same as set forth in Exhibit X hereto, which bond shall be in the amount of 100 percent of the contract price set forth in Exhibit II hereto, shall be written by a surety company licensed to transact business in the State of Texas and shall be maintained in full force by the Vendor throughout the term of this Agreement. ~ 3 lllis Agreement shall bind the parties hereto, and their respective successors and assigns, provided, however, Vendor shall have no right to assign this contract without the written consent of TIle City, Except in the case where Vendor ceases to be the authorized representative for Manufacturer and The City requires Vendor to assign this Agreement, no such assignment shall relieve Vendor from any responsibility, obligation and/or liability herein contained, and all claims, causes of action, rights and remedies of The City hereunder shall survive that assignment. and both Vendor and its assignee shall be liable to The City therefore, without respect to when the event giving rise thereto occurred. 34. The City shall pay the Vendor for Equipment in accordance with the progress payments defined in Exhibit IX 35, Payments to the Contractor shall reflect a schedule of values that correspond to the progress of the project. Proposed payment schedule includes (percentages of total contracted amount): 10% upon contract signing, 40% upon on-site equipment delivery, 40% upon complete system operation and cutover, and 10% upon final system acceptance, The Owner shall pay the Contractor for Hardware and Software in accordance with the progress payments proposed herein and/or in Exhibit IX upon final contract negotiation between Owner and Contractor. 36. The Vendor and The City agree that The City shall not pay and the Seller shall not demand any interest payments if The City fails to make a timely payment under this Agreement, as provided in Article 601( Tex. Rev. Civ, Stat. Ass., as amended, 37 This is the entire Agreement between Vendor and The City, and there arc no other agreements, verbal or \vritten, undertakings, warranties expressed or implied, modifications or changes deviating from the terms hereof, (except as may be provided by law) and. to the extent any such understandings, agreements, or undertakings do, in fact, exist, the same are hereby canceled and Copyngh,ç; 1999 by OTH EngIneering, 1nc Page! 2 The ('Ity "fA'arch fllC hland lIills Te!ecommunlcaflons \~'stem merged Into this Agreement. and tl1lS Agreement may only be modIfied by a document, 111 wntlllg. subscribed by both partIes subsequent to tile date hereof :<8 TIle Contractor waives any claim it has or may have against the consulting engineers and their employees, and any trustees, officers, and employees of The City connected with or ansmg out of this agreement. 39 "Limitation of Liability Except as otherwise may be provided for specifically in this agreement, in no event will either party be liable to or through the other party for commercial losses, indirect, incidental, special, exemplary, punitive or consequential damages, including without limitation, loss of profits, revenues, goodwill or data, regardless of the form of any claim, whether in contract or in tort, whether from breach of this agreement, or defective equipment, or arising from customer's inability to use the equipment either separately or in combination with any other equipment, or from Joss of data or from any other cause, notwithstanding their foreseeability or disclosure by either party, and both parties shall be held harmless and indemnified from any and all claims, suits, and demands for such damages. Fujitsu's liability for loss or damages related to the sales and installation of the equipment shall not exceed the price paid for the particular item of equipment regardless of the form of any claim. Fujitsu's sole liability related to the provision of maintenance services by Fujitsu hereunder shaH be limited to the costs associated with the reperformance of work, repairs, adjustments, or any combination thereof, and/or the cost of material such as replacement parts provided. Fujitsu shall have no liability resulting from use of the equipment in conjunction with life support devices Fujitsu shall not be responsible for failure to provide service hereunder (i) at locations deemed hazardous to the health or safety of Fujitsu's employees or representatives or (ii) where such failure results from causes beyond the reasonable control of Fujitsu, including, but not limited to, acts or inactions of the customer, acts of God, acts of government, strikes or labor disputes, failure of transportation, fire or flood or other casualty, and failure of subcontractors or suppliers. No recovery of any kind against Fujitsu or its agents for breach of this agreement shall be greater in amounts than the cost of services rendered hereunder and/or material provided. FujItsu or its agents shall have no liability for damages arising from manufacturing, design or installation defect of equipment serviced or unauthorized use of customer's system and/or material by persons other than employees of Fujitsu or its agents, Neither Fujitsu nor its agents shall bear any liability for use of the materia] or services sold hereunder in connection with life support devices or systems. Copyngh'i: 1999 by OTA! Engineering, Inc. Page 13 The C"Y o/'vorlh filch/and !fIlls ]'eLt!('on¡mUn¡CQtlons ~\)'stem In no e\ent shaJl FUjitsu be liable to customer for any damages ansmg from or related to failure or intcffilption of software product(s)" (l¿~ ~ 41) The total pncc of the contract IS $6:i2,872 and 00/100 DolJars. \'\tt- \.,.,. dl.Æ.A'!\J 1M ~ \.~~u"v.ü (,-~ts l"v'-Å ~..> ~ CopYrlghl,e 1999 by o TAl Engineering, lnc Page 14 The ('I'Y ol/,,'orth RIch/and IIIlls lelecommunlcat/ons S-"'.'ìfem EXECUTIONS IN WITNESS WHEREOF, Ù¡e parties hereto havc caused this Agreement to be executed by their duly authorized reprcsentative, /-: \ /\) ~ Jjl1liß[C 'Y~1bb-f<_ q ~)S~Ct~1 (Vendor) BY ANNETTE LABBE TITLE CONTRACT ADMINISTRATOR 'dM~Jà~~ (The City) I \ ____> BY LARRY 1. CUNNINGHAM TITLE: CITY MANAGER Copyright t~ 1 i)i)<) hy Oni EngIneerIng, !nc J~ ¡J. ft~ Page /5 EXHIBIT I RFP and Addendum 1 and Accepted Portion of Fujitsu's Response OTM ENGINEERING. INC. ¡ 'Olce, Da/a & ¡ 'lift'o 'ie/works /90 f N Cen/ral ExpressHal SUI/e 20.' Richardson, 7exas "5080 Voice 972--180-808-1 Fax 9"2--180-8052 CITY OF NORTH RICHLAND HILLS TELECOMMl1NICA TIONS SYSTEMS RFP ADDENDlJM 1 JULY 6, 1999 NOTICE TO PROPOSERS: The following shall be incorporated in and become a part of the original specifications and drawings of the above project. Please acknowledge receipt of this addendum by returning an acknowledgement to the email sent with this document. Clarifications, Questions and Answers: I. In Price Sheet in Section 5.4,7, include 350' of plenum innerduct and 12 strands of Siecor plenum rated single mode fiber to extend the fiber at City Hall from the computer room to the PBX room. 2. Include tìfty (50) Category 3 station cable runs in Price Sheet Section 5.4,7 for miscellaneous cable drops throughout the installation to be used at any site(s). Also include pricing in Price Sheet Section 5.5 for unit pricing to add and delete Category 3 runs. Additions and deletions will be made on a per unit basis. 3. If vendor requests, The City of North Richland Hills directory can be viewed onsite, but may not be removed from the premises. Once a successful Vendor has been chosen, a copy of the current directory will be supplied by the City. Bob Miller can be contacted to set up a time to review the document. 4. The total size of NRH20 is approximately 87 I .200 square feet. 5. Full redundancy at NRHzO, North Complex, and LibraryIParks and Recreation is not required. City Hall must be fully redundant. If Vendor believes that cost-effective fully redundant systems can be provided at the three remote locations, please note in pricing. 6. "Recording Devices" for digital phones are recorders to be used on a per phone, per call basis. City of North Richland lIills Telecom munications Systems RFP Addendum I Page 2 of 2 Inventory For Saturn lIE PBX Equipment for the City of North Richland Hills City Hall Card Tvpe SLMD SDI6 SLMA SAl6 TMDS TMBM Q!ï 8 2 2 10 6 7 Fire Station # 4 SLMD SDI6 SLMA SA16 TMDS TMBM 2 3 4 2 I Library SLMD SDI6 SLMA SA16 TMDS TMBM 3 I I 3 2 I NRH20 SLMD SDI6 SLMA SAI6 TMDS TMBM 1 o o 2 2 1 8 Port Digital 16 Port Digital 8 Port Analog 16 Port Analog T I Span 4 Port Analog Trunk 8 Port Digital 16 Port Digital 8 Port Analog 16 Port Analog Tl Span 4 Port Analog Trunk 8 Port Digital 16 Port Digital 8 Port Analog 16 Port Analog T1 Span 4 Port Analog Trunk 8 Port Digital 16 Port Digital 8 Port Analog 16 Port Analog T1 Span 4 Port Analog Trunk Phones are non-standardized for digital and analog ports. \'RII Telecommunications Systems RFP E\'D OF ADDE\'Dl"\1 \'0. I (2 PAGES TOTAL) EXHIBIT II Itemized Equipment Listings and Total Price Quotation Th8 Cty ~ Norlh RX:hJand H~ T8i8ccxnmu~s System P8flf 1 ~ <4 5,4.3 PBX System - Equipment Provide four separate tables, one for each of the four locations in the following order: City Hall; Library Complex; North Municipal Complex; and NRHH20 Family Water Park (for NRH20, pro- vide a subtotal, excluding wireless, then a system total including wireless system and telephones). I I City Hall Complex Part # Part Desc:ription Unit Material Unit Labor Unit Total Quantity Total 360513·12 F9600XL DigjtaJ Master Paclc 65,052.89 346-42.4 99,695.29 1 99,695 360439~1 F9600XL/M EXTF Cabinet P 10,556,15 0 IO~S6)5 1 10,556 36044 1 -û 1 F9600XL/M L TUP L TU Pad 3,874,54 0 3,874,54 4 15,498 360445~2 T I OPS Positive Pack (SRI Ca 905,88 0 905.81 2 1,812 360451-04 ISDN/PRJ Trunk Pack (SRI C 1,169,6-4 0 1,169.6-4 12 14,036 EI6B-3OO9-RI Digital Line Card () 6 CIct 2B 617,21 0 617.21 16 9,875 EI6B-30\3·R3 SinRle Line Teleøhone Card 473.19 0 473.19 3 1,420 EI6B·3019-R7 Attendant Line Card (R II ) 585.33 0 585.33 1 585 EI6B-3009-RI CO Bothwav Trunk Card A « 489,17 0 489.11 3 1,468 EI6B-3OO9·RS Digjtal Recorded 1,31430 ° 1,314.30 3 3,943 EI6B-9900-RO< Power Failure Transfer Card 399.27 ° 399.21 2 199 E 16 B·9900-R2 DiRital Trunk Adapter Card ( 18878 ° 188.18 2 378 E 16B-9900-R 1 DiRital Trunk 2 Ckt Adapter ( 207.69 ° 207.69 6 1,246 EI6B-3OOI-RO« Mixer Trunk Card 139,36 ° 139.36 I 139 EI6B-3OO7-RI Swìtchinl!. Network Card CD 415.45 0 41 S.45 2 831 EI6B-3OO8-RS Peripheral BUS Cootrol Card 335,14 0 335.14 2 670 EI6B-3015-RS( Swìtcl1ÙU1. Network Card 1 B 1,07550 0 1,015.50 2 2,151 E 16B-9900-R 1 Rinlt Generator Card 365,95 0 365.95 2 732 E07B-1075-B()( BLFIDSS Module (for AnendI 662.70 0 662.10 2 1,325 E07B-1095-B5( Attendant CoosoIe wi R V A (f 2,010,95 0 2,010.95 2 4,022 FIOB-ú789-BO< DT24DS 24B Black DisølSpk 196.89 0 196,89 32 6,300 FIOB~790-BO< DTl2DS 12B Blac~-' 190,25 0 190.25 276 52,509 F 1 OB~8I6-ßO( DTI2D 12B Blac~ Displav pt 162.27 0 162.27 4 649 F II B-ú396-BO< 30 Bunoo Add-on Module (BI 274.71 0 214,71 2 549 30 1 976-OC F9600 EMML So~ (R 12 0.00 0 0.00 I 0 36006 J .oc F9600 TPfTV So~ (R 12, 000 0 0,00 1 0 Copyriftt @ 1999 by OrM Engneemg. Inc Vend;v ResporIse The Cly eX Norlh Rx;hland H~ T eJ8cummunicatìofls System Par;e 2 of 4 360230~ F9600XL MPR RTU (R12 SI 000 0 0.00 I 0 360535~ CAS Main Basic Service (R12 0,00 0 0.00 1 0 360540~ Printer SoooIing Service (RI2 0.00 0 0,00 I 0 360558~ ACD Basic Service (R 12) 0.00 0 0.00 I 0 360559~ ACD Multi-Group Service (R 000 0 0.00 I 0 360560-OC Voice Mail Basic Service wi S 000 0 0.00 1 0 360561~ ISDN PRJ Basic Service (R 12 0.00 0 0.00 I ° 360832-OC FIPN System Forwardin2 Scn 0,00 0 0,00 I 0 360563-OC FIPN Private Networ\ Basic S 0,00 0 0.00 I 0 360566-OC FIPN Centralized VMS-Mast 0,00 0 0.00 I 0 360598-OC ISDN PRl Call-by-Call Servio 0,00 0 000 I 0 360602-OC FIPN SW384 Service (RI2) 0,00 0 000 I 0 360541-02 DT Facemats 12B wi Display 988 0 988 6 59 360541-04 DT Facemats 248 wi Display 9.811 0 9.811 I 10 EOOB-0414-EO( E)(1enSion Frame Cable A-F41 1,852.29 0 1,&52.29 I 1.852 EOOB-0426-EOC 2NW Cable A-F426DO 27770 0 277,70 I 278 £660-2506- T66 A TI Power (EG Connection) 88.211 0 88.28 1 88 £660-2506- T84 110 Maint Console Cable 75.41 0 75,41 2 151 E66ú-2506- T9~ Clock Sync Cable (ISDNIPRI 43.21 0 43.21 4 173 £66O-2506-T66 £AM TnmklPf1" Cable 92,57 0 9257 4 370 D110-033-012 Diltital Telepbooe Quick Ref( 1.17 0 \.87 312 583 D110-042-012 A1teodant CoosoIc Quick Ref 1.17 0 \.87 2 4 DII0-045-012 Sinlde Line Tel Quick RefOu 598 0 5.98 48 287 360755-0 I Tandberg 21 OB SCSI Taoc 1,346.93 0 1,346,93 ] 1,347 361106-01 IntelliCentcr Entry Level Sy5t 14.060,17 0 14,060,17 I 14,060 360893-06 51 10 100 AjI,enl Key 4,114.66 0 4,114.66 ] 4,J IS 360893-11 Entl)' Level To Base: Level Up 5,685.71 0 5,685,71 I 5,686 769084-02 PrTronic E+MJRAOE Ovcr Eo 19459 0 19459 6 1,168 FIOB-0789-KO( DT Wall Han2cr Kit (0112/24 ]0.77 0 10.77 16 172 CSMI4 TempenllUrc Alert 12014 0 120.24 1 120 CSM23 Cl'YtVcal( i) 4port, 1 MB, 14.. 4,40000 0 4,400.00 1 4,400 OOG4533 TELEDEX BTX4550 SL Spk 99.00 0 99,00 16 1,584 HeadutsIR"onkn 0.00 0 1841F C ordJcss XL T Headset 498.75 62.00 56075 12 6,729 / ~yri¡;;Jt@ 1999 by orM EngneerTtg, /r(; vanct:.Y Response The CCy ci Nortf¡ R1chland Hils T eJEKx..7JmUl1ICBOOns System P8IJð 3 of 4 2439F Telephone RCCO'der 212.49 62.00 27449 18 4.941 Key System 0,00 0 KSU Allegra 16LnlI2Sta/5LCD-12 5,995.00 0.00 5.995.00 1 5.995 Messale OD Hold 0.00 0 S1 Service wlMessaoing 374 124 498.00 1 498 1X EQuipment Only 454 45400 1 454 Service 2m Service 2nd Yr. Basi< 775 775.00 1 775 UPS 0.00 0 FNIC Non-Redundant 50amp Power 3,895.75 248.00 4,14375 1 4,144 Pagill& 000 0 Yalcom 8 Zone Paging Amp 463.00 62.00 525.00 I 525 5-436027 Y ALCOM TELEPHONE AC 154.00 62.00 21600 1 216 189 V ALCOM T AMB PWR SUP 63.00 0.00 6300 1 63 Misttllaaeo.. 000 0 T316X I F9600 IkM TRAINING 4,500.00 0.00 4,500,00 2 9,000 TDD TDD DEVICE 698.00 64.00 762,00 I 762 BOND Bid Bond ((@,650k)subj. 3,825.00 0.00 3,825.00 0 0 99999 2 Baypoint System AdmiJ 500.00 0.00 500.00 2 1,000 PERDIEM PERDIEM for Actual E 0.00 0.00 0.00 2 0 MTI02A-P3 CSU SPLIT CHANNEl 2,883.33 64.00 2,9<4733 1 2,947 PBX System Total for City HaU Compl )05,745 I Held in Phoenix, AZ. Fujitsu responsible for Travel and per diem not to exceed $2,500 per person. 2 Held at Baypoint Training facilities. NRH responsible for Travel and per diem. Crasb IGt su¡œested cooteot 360451-04 15DNIPRI Trunk Pack (SgJ C 1,169.64 0 1169.64 1 1,170 E 16B-3OO8-Rl OPS Line Card 805.37 0 805.37 1 805 EI6B-3009-RI Digital Line Card (16 Ckt 28 617.21 0 617.21 I 617 EI6B-3013-RJ Single Line T elepbooe Card 473.19 0 473.19 1 473 E 16B-3009-R I CO Bothway Trunk Card A (5 489.17 0 489.17 1 489 E 16B- 3()()Ç-RS Digital RtcOf'ded Announcanc 1,314.30 0 1314.3 1 1,314 FNJC Non-Redundant 50&mp Power 3,895.75 248 4143.75 1 4.144 Sueested Crash IGt Cooteot 9,013 i .f The F9600XL comes standard with redundancy which includes duplicate: CopYf'9ht@ 1999 by OrM Engi'1e6rTlg. Inc. Vandor Respcm;a The Cly eX Nath Richland H. T eJ9contmunè800nS System Pege 4 eX 4 CPUs, Memory, TDM Matrix, Harddrives, Floppy Drives, OC-OC power supplies for the common control shelves and line/trunk shelves. Further, it is a pure -48VOC system operating off of dual battery strings. OC power offers the very best in clean power with protection from brownouts and voltage variations. .) Copyrt;µ@ 1mbyOTM~. Inc. Venó:If Resçxx¡se The Cly r:Á Norlf¡ RchJBnd Hils T~nmunic8Jbn$ System P8g8 1 01 3 5.4.3 PBX System - Equlpmnt Provide four separate tables, one for each of the four locations in the following order: City Hall; Library Complex; North Municipal Complex; and NRHH20 Family Water Park (for NRH20, pro- vide a subtotal, excluding wireless, then a system total including wireless system and telephones). ) Library Complex Part # Part Descriptioa Unit Material Ualt Labor Uait Total Quantltv Total 360698..()S F9600ES Di" u·...-ck DOl 22368.69 10429.8 32798.49 I 32,798 360699"() 1 F9600ES Mastcroad: L TV ex 3611.03 0 3611.03 2 7,222 360445"()2 TI OPS Positive Pack (SgI C. 889.45 0 889.45 I 889 3604 5 1..()4 ISDNIPRJ Trunk Pack (SRJ C 1148.43 0 1148.43 2 2,297 EI6B-3009·RI Digital Line Card ( 16 Ckt 2 B 606.02 0 606.02 4 2,424 E16B-3013·R) Single Line Telephone Card 464.6 0 464.6 I 465 EI6B·3009-RI co Bothway Trunk Card A (~ 480.29 0 480.29 2 961 EI6B-3009-R5< Digital Recorded Aonooncernc 1290.46 0 1290.46 3 3,871 EI6B-9900-RO< Power Failun: Transfer Card 392.03 0 392.03 1 392 EI6B·9900-R2 Diltital Trunk AdaDter Card ( 185.36 0 185.36 2 371 EI6B-9900-RII Digital Trunk 2 Ckt Adapter ( 203.93 0 203.93 1 204 EI6B-30J4-R2 2 Port I/O (TTY IFES-IIJt.AP- 373.87 0 373,87 1 374 1"108-0789-00 DT24DS 24B Black DisÐISp I 193.32 0 193.32 6 1,160 F108-0790-BOC DT 12DS 12B Black. DisÐISpk 186.8 0 186.8 96 17,933 I" J OB"()816-BO< DTI2D 12B Black Disnlav PI 159.32 0 159.32 4 637 FIIB-0396-BO< 30 Button Add-on Module (BI 269.73 0 269.73 1 270 301976-IC 1"9600 EMML Software (R 12 0 0 0 1 0 360192·IC 1"9600 Floppy Boo DISk (RI 0 0 0 1 0 360540-1 C Printer Spooling Sc:rv1œ (R 12 0 0 0 1 0 360558-IC ACD Basic ScrviIX (RI2) 0 0 0 1 0 360559-IC ACD Multi-GrouD ServiIX (R 0 0 0 1 0 360745-IC F9600 TPrrV SofN.ue (ES, 0 0 0 1 0 360729·JC SofN.ve Fcc: Cabinet 1·3 Noo 0 0 0 1 0 360561-IC ISDN PRJ Basic Service (R 12 0 0 0 1 0 360537·1C FIPN CAS Satellite Service (F 0 0 0 1 0 360563-IC FlPN PrivalC Network Basic <: 0 0 0 1 0 CqJyrj;1Jt@ 1999 by om E~, n::. Vendor Re.spoose The Cly c{ NOtth Fœhl8nd H~ TeJecommunCaOOns System P9fJð 2 of 3 I j 36056ó-3A FIPN CentraJimd VMS-Slave 0 0 0 1 0 36D541-D2 DT FacemalS 12B wi Display 9.7 0 9.7 2 19 360541-D4 DT Facemats 24B wi Display 9.7 0 9.7 1 10 EOSB-IOlS-KO< Kit. Power Distribution 375.97 0 375.97 1 376 E660-2506-T8~ IJO Main! Console Cable 74.04 0 74.04 2 148 E660-250&- T I! MC Cable 51.2 0 51.2 2 102 E660-250S-T I ~ MCLK-A-CABLE 27.08 0 27.08 2 54 E66D·2506- T6t: E&M TrunkJPFi Cable 90.89 0 90.89 2 182 E660-250S- T I HW Cable 69,36 0 69.36 1 69 E660-2S0&- T I HW Cable 66.74 0 66.74 1 67 E660-99O(). TO! Clock Keeper Cable 114.55 0 114.55 1 115 0110-033-012 DiRital Telephone Quick Ref( 1.84 0 1.84 106 195 D II O-D4S.o 12 Sinltle Line Tel Quick RefGu 5.88 0 5.88 16 94 360755-01 Tandberg 2.1 GB SCSI Tape 1322.5 0 1322.5 1 1,323 361106-0 I IntelliCcntel' Entry Level Syst, 13805.17 0 13805.17 1 13,805 36DS93-% 5 I to 100 Agent Key 4040.04 0 4040.04 1 4,040 36D893·11 IEntrv Level To Base Level U¡ 5582.6 0 5582.6 1 5,583 FIOB-0789-KOi DT Wan Hanger Kit (0112/24 10.58 0 10.58 24 254 CSMI4 T emDerature Alert 120.24 0 120.24 1 120 CSM23 CrvtYcal(i)4pon, 1MB, 14.4 4537.5 0 4537,5 I 4,538 0004533 TELEDEX BTX4550 SL SDir. 99 0 99 8 792 Wtnlesa 6741F Panasonic 2,4GHz Wireless w 348.75 128 476.75 6 2,861 MCSU2C Oa Hold S2 Service wlMessal1,inll, 2,3.4 175 372 547 I 547 IX Equipment Only 454 124 578 I 578 ServIce 2nd Yr. Service 2nd Yr Basic 4 Sites 775 0 775 1 775 UPS RB48-1T90 2 Hour IX Battery/4 Cab ES 1595.75 124 1719.75 I 1,720 PaCiaC 5-436027 V ALCOM TELEPHONE AC 154.00 62.00 216 I 216 189 V ALCOM T AMB PWR SUP 63.00 0.00 63 I 63 MiKcUneou TDD TDD DEVICE 698.00 64.00 762 I 762 C<:;fJyrj;IJt@ 1999 by om Engt¡eeri7g, Inc. Vendt:x' Re.sponSf1 The Cty cI Norlh Rx:hIand Hils T 9J0c0r. :munications System P8ÇIe 3 cI 3 PBX Svstem Total for Library Comolex 5111,674 -) CqJyri;¡tJt @ 1999 by OTM ~. Inc. VenåY Resp0t'JSt3 The Cty cí Norlf¡ R¥:hl8nd His TtH8<;ommunC8tbns System P8Ç}ð 1 01 2 5.4.3 PBX System - Equipment Provide four separate tables, one for each of the four locations in the following order: City Hall; Library Complex; North Municipal Complex; and NRHH20 Family Water Park (for NRH20, pro- vide a subtotal, excluding wireless, then a system total including wireless system and telephones). " North Municipal Complex Pa rt II Part Description Unit Material Unit Labor Unit Toul Quantity Toul 360698-08 F9600ES Oil!. Mas&crnack 001 26,980.39 20,191.40 47,171.79 1 47,172 360699-0 I F9600ES MasleroIICk L TV ex 3,625.66 0.00 3,625.66 2 7,251 360451-04 ISDN/PRJ Trunk Pack (SJIJ C 1,153.08 0.00 1,153.08 2 2,306 E 16B-3009·R I Diltital Line Card (16 Ck1 2B 608.48 0.00 608.48 8 4,868 E 168-30 13-RJ SinJlJe Line TeIepbooe Card 466.49 0.00 466.49 2 933 EI6B-3009-RI co Bothway Trunk Card A (~ 482.24 0.00 482.24 2 964 EI6B-3009·R5 Digital Recorded AnnouncerJ1 1,295.69 0.00 1,295.69 3 3,887 EI68-9900-R~ Power Failure Transfer Card 393.62 0.00 393.62 1 394 EI68-9900-R2 Diltital Trunk Adaøter Card (~ 186.11 0.00 186.11 2 372 EI68-3014-R2 2 Port IJO (lTY /FES-IIJLAP· 375.39 0.00 375.39 1 375 FI08-0789·B()( DT24DS 24B Black DiSJY'SpIi 194.10 0.00 194.10 12 2,329 FI08-0790-BO< DTl2DS l2B Black DisnlSDk 187.55 0.00 187.55 140 26,257 FIOB-OSl6-BOC DTI2D 12B Black DisDlav pt 159.97 0.00 159.97 4 640 FII8-0396-BO< 30 ButtoD ~ Module (Bl 270.82 0.00 270.82 1 271 360192-IC F9600 FlODIJY 800( Disk (RI 0.00 0.00 0.00 1 0 360540-IC Printer SoooIinl!. Service (R 1 2 0.00 0.00 0.00 1 0 360558- C ACD Basic Service (RI2) 0.00 0.00 0.00 1 0 360559-1C ACD Multi-Grout> ServiCA: (R 0.00 0.00 0.00 1 0 360745-1C F9600 TPrrv Software (ES. 0.00 0.00 0.00 1 0 360729-IC Software Fee Cabinet 1·3 Noo 0.00 0.00 0.00 1 0 36056]·lC ISDN PRJ Basic Service (R 12 0.00 0.00 0.00 1 0 360832·1C FJPN System Forwardinl!. Serv 0.00 0.00 0.00 1 0 360537·1( FJPN CAS Satellite Service (J¡ 0,00 0.00 0.00 1 0 360563·IC FJPN Private Network Basic ~ 0.00 0.00 0.00 1 0 360566-3A FIPN Centralized VMS-Slave 0.00 0.00 0.00 1 0 360541'{)2 DT Facemats 12B wi DisDla... 9.74 0.00 9.74 3 29 Copyr9'lt@ 1mbyOTM~, /nc Verd:Jr Response The Cty a Norlf¡ RJ;hl8nd H~ r ðÌ8çofT muni;;sOOns System P8g8 2 01 2 36054141 DT Facemats 24B wi Display 9.74 0.00 9.74 I 10 E98L"()()22~ I F9600VS/ES 10 Scrood Bane 464.64 0,00 464 .64 I 465 E660-2506-Tl4 I/O Maint Console Cable 74.34 0.00 74.34 2 149 E660-250~ T U MC Cable 51.41 0.00 51.41 2 103 E660-2508·Tl ~ MCLK·A-CABLE 27.19 0.00 27.19 2 54 E660-2506- T~ E&:M TrunklPFf Cable 91.26 0.00 91.26 2 183 E660-2508· T I HW Cable 69.64 0.00 69.64 I 70 E660-2508-TI HW Cable 67.01 0.00 67.01 I 67 E660-99QO. TOI Clock Keeper Cable 115.01 0.00 115.01 I 115 DII()"{)33~12 Di~taI Telephone Quid: Ref 1.84 0.00 1.84 156 287 DII0-045~12 Sin2.le Line: Tel Quick RefGu 5.90 0.00 5.90 32 189 360755~1 Tandberg 2.1 GB SCSI Tapc 1,327.86 0.00 1,327.86 I 1,328 361106-01 IntelliC enter Entry Level Syst. 13,861.11 0.00 13,861.11 1 13,861 360893-06 51 to 100 Agent Key 4,056.41 0.00 4,056.41 1 4,056 360893-11 Entrv Level To Base Level U¡ 5,605.22 0.00 5,605.22 1 5,605 FIOB-0789-KO< DT Wall Hanger Kit (DtI2l2' 10.62 0.00 10.62 24 255 CSMl4 T ernnenture Alert 120.24 0.00 120.24 1 120 CSM23 Crvtvcal(i) 4 port, 1MB. 14,4 4,400.00 0,00 4,400.00 1 4,400 OOG4533 TELEDEX BTX4550 SL S~ 99.00 0.00 99,00 16 1,584 M«ngc O. Hold 0.00 0 52 Service wIMessaJ!,Ìng 2,3.4 175.00 0.00 175.00 1 175 IX ¡Equipment Only 454.00 0.00 454.00 1 454 Service 2nd Yr. Service 2 nd Yr. Basic 4 Sites 775.00 0.00 775.00 1 775 UPS 0.00 0 Paglag 0.00 0 Valcom 8 zone Pan;ftft "'~-lifier 463.00 62.00 525.00 1 525 S-436027 V ALCOM TELEPHONE AC 154.00 62.00 216.00 1 216 189 V ALCOM T AMB PWR SUP 63.00 0.00 63.00 I 63 Miscrllucou 0.00 0 TDD TDD DEV1CE 698.00 0.00 698,00 1 698 PBX System Total for North Municipal Complex S133,855 I , CopyrVrt@ 1999byOTM~.lnc. Venda Response me Cty eX Norlf¡ Rx:hJarId Hils Te#9ctflImunesOOns System P8ge 1 eX 3 5,4.3 PBX System. Equipment Provide four separate tables, one for each of the four locations in the following order: City Hall; Library Complex; North Municipal Complex; and NRI-ll-I20 Family Water Park (for NRH20, prcr vide a subtotal, excluding wireless, then a system total including wireless system and telephones). J NRH20 Family Water Park Part # Part Description Unit Material Unit Labor Unit Total Quantity Total 361042.{)S us NetworIcÙUl Pack for Dim 19,307.35 11,606.40 30,913.75 1 30,914 361107.{)6 us Exœnsioo Pack 2,303.37 0.00 2,303.37 1 2,303 E 16B-3009-R 1 Diltital Line Card (16 Ckt 2B 600.38 0.00 600.3 8 2 1,201 EI6B-3009-Rl CO Bothway Trunk Card A (~ 475.83 0.00 475.83 2 952 E 16B-3009-R5 DiRital Recorded Announcemc 1,278.46 0.00 1,278.46 3 3,835 E20B-9900-IU Power Faüure Transfer Board 283.00 0.00 283.00 2 566 EI6B-3018-R7 Alarm Indicator Adaoter Card 174.65 0.00 174.65 I 175 EI6B·3014-R1 2 Port 110 (lTY 1FES-1I1LAP· 370.40 0.00 370.40 1 370 F 1 08-0789-00< DT24DS 24B Black Dis¡)'SpI¡ 191.52 0.00 191.52 6 1,149 F 1 08-0790-BO< DT12DS 12B Black DisplSpI¡ 185.06 0.00 185.06 30 5,552 FI08-0816-BO< DT12D 12B Black Disolav pt 157.84 0,00 157.84 4 631 F J 18-0396-00< 30 Buttoo Add-oo Module (B 267.22 0.00 267.22 1 267 360192·IC F9600 Flooov Boot Disk (R 1 0.00 0.00 0.00 1 0 360540·1C Printer SOOOlini Service (R12 0.00 0.00 0.00 1 0 3605S9-IC ACD MultK:1rouD Service (R 0.00 0.00 0.00 1 0 360745-1C F9600 TPfTV Software (ES. 0.00 0.00 0.00 1 0 360832·1C FlPN Svstem Forwardina Sen 0.00 0.00 0.00 1 0 360S37·1C FIPN CAS Satellite Service (~ 0.00 0.00 0.00 1 0 360566-3A FlPN Centralized VMS-Slave 0.00 0.00 0.00 1 0 360S41.()2 DT Facernats 128 wI Display 9.61 0.00 9.61 I 10 360541.().4 DT Faoemats 248 wI Display 9.61 0.00 9.61 1 10 EOSB-I015-KO< Kit, Powa- Distributioo 372.48 0.00 372.48 1 372 E660-2506- T84 )() Maint CoosoIe Cable 73.35 0.00 73.35 2 147 E660-250B-TI8 MC Cable 50.72 0.00 50.72 2 101 E660-2508-TI ~ Main Clock Distribute Cable 16.75 0.00 16.75 1 17 DII(}.()33.()12 Dil.ital T eletJbooe Qu idt Ref 1.82 0.00 1.82 40 73 Copy¡VJt@ 1m by OrM~, Inc VfK)(br ResponSt3 The Cly a North R1chl8nd His T eJecommufllÇ8bons System P8filØ 2 a 3 DII0-045-012 Sinltle Lmc Tel Quid Rc:fGu 5.82 0.00 5.82 16 93 360755-0 I Tandbc:rJ. 2, I GB SCSI Tape: 1,310.20 0.00 1,310.20 1 1,310 361106-01 IntdliCc:mc:r Entry Level Syst4 13,676.80 0.00 13,676.80 I 13,677 360893-13 I 5 to 25 AJl.ent Key 1,382.67 0.00 1,382.67 I 1,383 FIOB-0789-K~ DT Wan Han~er Kit (011212. 10.48 0.00 10.48 8 84 CSMI4 T c:mvcnturc: Alert 120.24 0.00 120.24 I 120 CSM23 Crytycal( i) 400rt. 1MB, 14.4 4,400.00 0.00 4,400.00 I 4,400 OOG4 5 33 TELEDEX BTX4550 SL SDk 99.00 0.00 99.00 8 792 MtsS&2r OD Hold 0.00 0 S2 ServIce w/Messa~~ 2,3,4 175.00 372 547.00 I 547 IX Eouiumc:nt Only 454.00 124 578.00 I 578 Service 2 nd Y r Service 2nd Yr. Basic 4 Sites 775.00 0 775.00 I 775 UPS 0.00 0 PX02012S0 2KVAUPS-AC 1,749.50 124 1,873.50 1 1,874 OCU60-1U37~ 2 Hour Banery String . For L 2,376.25 0 2,376.25 1 2,376 PagiDe 0.00 0 S-436027 V ALCOM TELEPHONE AC 154.00 62.00 216,00 1 216 189 V ALCOM T AMB PWR SUP 63.00 0.00 63.00 1 63 Cordku TrlrpltoDes 6741F Panasonic 2.4GHz Wireless w 348.75 62,00 410.75 8 3,286 MiJc:rllalleo .s 0.00 0 TDD TDD DEYlCE 698.00 64.00 762.00 1 762 MT202A-P35-R CSU SPLIT CHANNEL UNr 2,883.33 64.00 2,947.33 1 2,947 PBX System Total for NRH20 Family Water Park S83,928 MKAJ 30 LINK 150 MOD 2 ADMIN K 35.00 62 97.00 1 97 SCF408 0.00 0 0.00 1 0 RC04 I 0 OUTIX>OR BASE STATIm 1,390.00 124 1,514.00 3 4,542 PTB400 ~']RELESS TELEPHONE 619.00 0 619.00 8 4,952 PTS360 HJ~APBATTERY 76.00 0 76,00 16 1,216 PTono HANDS-FREE POUCH 25.00 0 25.00 8 200 PTQ360 QUlCK~HARGER 199.00 0 199.00 2 398 j Copyriftt@ 1999 by OrM Engneemg Inc VendY ~ The CAy ci North Rx:hland H~ í 9I9romtnunic800n$ System Page 3 ci 3 PTHIOO NOISE CANCELUNG HEAl 199 . 00 0 199.00 8 1,592 INS210 ON-SITE COMMlSSION!NC 0.00 2,500 2,500.00 1 2,500 Optional PBX System Sub- Total for NRH20 Wireless $15,497 Optional PBX System Total for NRH20 Family Water Park S99,425 Cq:¡yr¢t@ 1mbyOTM~, /nC, Vendor ~ The Cly eX North RdJJand Hils TeJecommunesfuns System Pðgð 1 of 1 5.4.4 Voice Man System Part # Part DescriptioD Unit Material Unit Labor Unit Total Quantity Total 361116-01 IVS 6.1 MASTER PACK (90 15814.46 5348 21162.46 1 21,162 361132-01 IVS 6.1 HARD DISK DRIVE 929.54 0 929.54 1 930 361124-01 IVS 6.1 SERVICE HOUR UP 1500 0 1500 1 1,500 360780-0 I T1 fNTERF ACE CARD 3150 0 3150 2 6,300 360764-07 24 PORT RESOURCE CAR! 8,625.00 0.00 8625 2 17,250 735191-01 2 port Diltiboard 300.00 0.00 300 1 300 724140-08 CABLE LINK (DB9S TO DE 22.50 0.00 22.5 1 23 361118-01 IVS 61 F9600 INTEGRA TI< 18.75 0.00 18.75 1 19 DI17-013-OO3 IVS USER CARDS 0.75 0.00 0.75 600 450 Voice Mail System Total 47,933.25 Option 1 I NI Cq>yr9'1t @ 1999 by OrM E~. Inc. Vendor Ras{XXJS6 The Cly eX North R£hI8nd HAs r &I9c:ommunC800nS System Page 1 eX 1 5,4.6 Call Accounting System Pa rt 1# Part Description Unit Material Unit Labor U.lt Total Quantity Total 500B2 Xiox GBS fur Windows 4,810.00 0.00 4,810.00 1 4,810 RJC Remote Install. Confill.. &. TB 0.00 743.75 743.75 1 744 Credit Trade-in Old System -577.00 0.00 -577 .00 1 -577 REM RernoIe Site Lioeose (3) 641.25 0.00 641.25 1 641 Pol PoIlinll. Software 1·5 Sites 622.50 0.00 622.50 1 623 BUF3K Poll.ble Buffer 3K 1,031.25 0.00 1,031.25 1 1,031 BUF8K Poll.ble Buffer 8K I ,281.25 0.00 1,281.25 2 2,563 RJC Remote Install, COIÚÍIl.. &. Tra 0.00 1,106.25 1,106.25 1 1,106 PC ANY PC 195.00 0.00 195.00 1 195 LANREPORT LAN Report Module 125.00 0,00 125.00 1 125 noo Server PI.ûorm . 2,800.00 128.00 2,928.00 1 2,928 FMS Facilities Manal!.ement 6,248.00 0.00 6,248.00 1 6,248 Can Accountin2 System 520,437 . May be supplied by NRH, (noolNT Serva' ".O/64mbl3gbÆtbc:md NI01nt Modem. Kybd. Mouse, Mooitor) ¡ I Copyrift@ 1m by OrM Engneemg. Inc. VenOOr Response The City of North RichiBnd Hils Tele<;ommunlcatlOl1s System Page 1 of 1 5.4.7 Cabling Tone I Test I Reuse FC9680MPA2· MPU&ALM·3 442.00 256.00 698.00 4.00 2,792.00 FC9680vr 42 OVTO 1,971.76 0.00 1,971.76 4.00 7.887.04 FC9612LDE2·1 LCIA-DIE2 700.00 0.00 700.00 4.00 2,800.00 FC9680SFIl Modular Shelf 691.76 0.00 691.76 4.00 2,767,04 HA230~I-Y 19' Rack Ada 105.88 0.00 105.88 4.00 423.52 Cablin Tone I Test I Reuse Total $42,720 Fiber Multiplexor Equipment 16,669,60 Copyright@ 1999 by OTM Engineering, Inc. Vendor Response The Cly ci Norlt1 FQchJand Hils T eJecommunic8tJons System Page 1 of 1 3.4,8 Option for Remote - Richland Tennis Center Part ## Part Description Unit Material Unit Labor Unit Total Quanûty Total MT400A T -1 Channel Bank 5422.22 496 5'918.22 1 5918.22 MT4llC FXS Line Card 1277.71 0 1277.77 2 2555.54 MT 430C BatlRing Gen 944.44 0 944.44 1 944.44 39005 T -1 Line Extender 2216.66 0 2216.66 2 4433.32 Option for Remote - Ricbalnd Tennis Center Total 513,852 Copyr¢t@ 1999 by OTM Eng,-,eerTJg. Inc Vendor Response 77w City afNot1J. RicltJand HIIIJ T tItCQmJf1I1nJca/lOI\J SyJl,'" 5.4.10 All System. Price Summary - Total Price Quotation In the format below, provide a swnmary of the Total Price Quotation Total Price Quotation PBX at City Hall $305.745 PBX at Librarv Complex $111.614 PBX at North Municipal Complex $133.855 PBX at NRH10 Family Water Park $83,928 PBX Svstem Sub-Total $635.202 Voice MessalZÌD2 SYStem $41.933 Richland Tennis Center $12.435 Call Accountin~ $20,437 Other Svstem. Sub-Total $80.805 Periormance and Payment Bonds 53.825 EqwpmeDt Tnde-lD Total SO Communications EQuipment. Bonds and Trade-iD $719.832 C.bIÌD2 Tooeffest/Reuse Total $42.720 System Sub-Total (ucludiD2 tax)1 $762.552 S~i.1 Discount -51.195 Svstem Total (ucludÏD2 tax' $711,257 Option for Remote - Fire Stations # 1, #2, #3 I 52.800 ¡Option for System Manag,ement EQuipment 537.191 Remote Options Sub-Total 539.991 ComDlete Proooul Total (ncludiD2 tax)1 S751.248 CopynghJ @ 1999 by OTM Engrllunng, Inc ¡ 'indo, RtspoNM EXHIBIT III Pre Cutover Pricing Confidential & Proprietary FUJITSU 5.5 Pre-Cutover Charges 5 5.1 In the format pro\idcd below, please provide an itemized listing of all of your system components, as well as the price for each component with and without installaúon. These prices must be guaranteed for the period prior to acceptance of the system. 5,5,2 Vendor must provide an Excel spreadsheet (MSOffice 97 format) on diskette with each copy of proposal reflecting information in Sections 5.5. Columns in spreadsheet must have same headings as the table in this Section 5.5. Part # Part Description Price with Installation . Price without Installation . 360451-04 ISDN/PRI Trunk Pade (Sgl Card Set) SI,333 $1,170 EI6B-300S·R250 OPS Line Card S969 S805 E 16B-3009-R 1 S2 Digital Line Card (16 Ckt 2B+D) $699 $617 E16B-30 13-R330 Single Line Telephone Card S555 $473 EI6B-3019·R751 Attendant Line Card (R tl) $749 $585 EI6B-3009·R170 CO Bothway Trunk Card A (S1d 600 $571 $489 OHM) EI6B-3009-R560 Digital Rccorded Announcement Trk $1,478 $ 1,314 Card EI6B-9900-ROOO Power Failure Tr2Jufer Card $482 S399 EI6B-9900-R2S0 Digital Trunk Adapter Card (SgI Slot) S353 $189 EI6B-9900-RI90 Digital Trunk 2 Ckt Adapter Card $372 $208 Sid) E07B-I 095-BOO 1 Attendant Console (HAC) $1,738 $1,575 F10B-0789- DT24DS 24B Bid DisplSpIa Phone $272 $197 BOOl#BK (HAC) F 1 0 B-0790· DT12DS 12B Blade DisplSpkr Phone S237 $190 BOOl#BK (HAC) FI0B-OSI6- DT12D 12B Black Display Phone $209 $162 BOO 1 #BK (HAC) FIIB-0396- 30 Button Add-on Module (Black) $368 $275 B002#BK 7690S4-02 prrronic E+MIRAGE Over Ear $185 S163 OOG4533 TELEDEX BTX4550 SL SpkrPhn $126 $79 10mem HiVlt , , Pnce does not mclude any spcClallzcd programmmg. July 12, 1999 Forever Bettering Communication Systems Fujitsu Proposal for The City of North Richland Hills EXHIBIT IV Post Cutover Pricing Confidential &. Proprietary cO FUJITSU 5,6 Post-Cuto~'er Cha~s 561 In the format provided below, please provide an itemized listing of all of your system components, as well as the price for each component with and without installation. These prices must be guaranteed for a period of 12 months from the date of acceptance of the system. 5.6.2 Vendor must provide an Excel spreadsheet (MSOffice 97 format) on diskette with each copy of proposal reflecting infonnatÏon in Sections 5.6. Columns in spreadsheet must have same headings as the table in tills Section 5,6. Part # Part Description Price with Installation Price without Installation 360451-04 ISDN/PRl Trunk Pack (Sgl Card $2,014 $1,952 Set) E 16B-3008·R150 OPS Line Card $ 1,138 $1,076 EI6B-3OO9·RI52 Digital Line Card (16 CIct 2B+D) $1,012 $950 EI6B-3013·R330 Single Line Telephone Card $764 $702 EI6B-3019·R75I Attendant Line Card (Rl I) $844 $782 EI6B-3OO9·RI70 CO Bothway Trunk Card A (Std $789 $727 600 OHM) E 16B-3009-R560 Digital Recorded Announcement $2,013 $1,951 Trk. Card EI6B-9900-ROOO Power Failure Transfer Card $654 $592 EI6B-9900-R180 Digi tal T runic. Adapter Card (S gl $342 $280 Slot) EI6B-9900-RI90 Digital Trunk 2 CIct Adapter Card $371 $309 S,,\) E07B-l095·BOOI Attendant Console (HAC) $2,166 $2,104 FIOB-0789-BOOI/lBK DT"24DS 24B Black DisplSpkr $387 $325 Phone (HAC) F10B-0790-BOO1/lBK DTl2DS 12B Black Disp/Spkr $357 $295 Phone (HAC) F10B-0816.BOO1/1BK DTl2D 12B Black Display Phone $287 $225 HAC) FllB-0396-B002/1BK 30 BuUon Add·on Module $428 $366 (Black) 769084-02 prrronic E+MIRAGE Over Ear $241 $179 00G4533 TELEDEX BTX4550 SL SpkrPhn $151 $89 10mem HiVlt July 12, 1999 Forever Bettering Communication Systems Fujitsu Proposal for The City of North Rich/and Hills EXHIBIT V Technical Reference List F9600 Installation Manual, 110-056-011 IVS Installation & Service Manual, 117-012-007 XIOX GBS for Windows User's Guide Crytycal(i) Crytycal(i) Installation Fujitsu F9600 EXHIBIT VI Maintenance Agreement The ('ICy ol\'orth l?lGh!and fill/s Telt:'('ommun;catlons :<y,Hem 5.14 Maintenance Agreement THIS IS AN AGREEMENT, entered into by and between The Cit)' of North Richland HiIIs, \\'ith principal offices at 730 I NE Loop 820, North Riclùand Hills. Texas 76180 ("The City"), and Fujitsu Business Communication Systems ("Vendor"), at 3190 Mir,ùoma Avenue, Anaheim, California 92806 tIlis ~ day of September, 1999. In consideration of the promises herein contained, the parties stipulate, represent and agree, each to the other, as foIIows: A RESPONSŒILITIES OF VENDOR Vendor shall provide maintenance test equipment, replacement parts and qualified personnel to maintain and service The City's private telephone system(s) ("Equipment") as follows: 1. Vendor shall service Equipment in accordance with the Manufacturer's specifications, Exhibit V, contained herein. 2 Vendor shall service Equipment at least every six (6) months in order to maintain the "Designated Level of Performance", which is the minimum level of availability of the Equipment to be maintained by the Vendor during the term of this Agreement., and is defined as follows: Over any three (3) month period of time, 98% total Equipment availability shall be maintained when computed using the following formula: MTBF MTBF + MITR A= where: A MTBF MTIR Availability Mean Timc Between Failure Failure = Mean Time To Repair A major malfunction in thc switching or other common portion of the Equipment. A malfunction in the switclling or common portion of the Equipment affecting more than twenty percent (20'10) of The City's lines at any site, or any failure caused by the Equipment which isolates any site or results in a loss of service to more than twenty percent (20%) of the stations at any Site. TI1Ís servicing shall be conducted in accordance with the applicable test and maintenance procedures listcd in Exhibit V, and shall be for the express purpose of preventative maintenance. Copyngh'«~ 1999 by ()T\f Englneenng, !nc Page I The CIty 0l}¡orrh lI,chiand 11,lls Tdecommum~'atlo.t1s ~\,>:stem DUrIng the perIod begInmng wIth the date of this Agreement, and continuing until thIS Agreement is canceled by eIther party, Vendor shall furnish the following services, in accordance with the terms of this Paragraph, for Ule charges, and subject to the limitations set forth, in the following Paragraphs: a Furnish all labor and material that may be required to repair and/or replace Vendor-pronded Equipment which has become defective or inoperable from normal wear and use, but not including the repaIr and/or replacement of any Equipment which has been altered and/or repaired in any way, by any person. firm or corporation other than the Vendor. \\'ithout the prior consent of Vendor. (excepting repair and/or replacements made by others resulting from the failure of Vendor to respond, timely, as defined in Paragraph 7 of this Maintenance Agreement, to service call requests), nor shall this obligation apply to the repair and/or replacement of any Equipment which has been subject to misuse, abuse, or neglect by The City, its employees and/or agents, nor shall this obligation apply to tlle repair and/or replacement of any Equipment which has been damaged directly or indirectly by outside sources, including, but not limited to, fire (other than rue caused by a failure of such Equipment), theft, vandalism, storms, water, power failures and/or heating or cooling failures, provided that such damage is not the result of any failure of the Equipment to meet Equipment specifications contained in this Agreement. b. In the event any repair and/or replacement part is not readily available, suitable substitute parts and/or Equipment may be used. c "Emergency" service (for major service intemIptions) shall be provided to The City on a twenty-four (24) hours a day, seven (7) days a week basis, within two (2) hours follo\\'ing verbal notification to Vendor from The City of such occurrence, For this purpose a "major service interruption" shall mean (i) intemIption of service at the attendant's console and selected stations to be identified during implementatio~ (ii) loss of ten percent (10%) or more of the Equipment's call-carrying capacity (expressed in Centum Call Seconds) in any trunk group, at any site; (iii) loss of ten percent (10%) or more of the Equipment's switching and/or call processing capacity; (iv) any service affecting usage that prevents the use of key portions of the Equipment at the time of notification having twenty-four (24) hour a day operations; or (v) in the event of a major system alarm indication. d. Non-emergency service shall be provided within four (4) hours of verbal communication of such request for service to Vendor by The City, or upon a mutually agreed time computing such time only Copynghr~;; 1999 by on! Englneenng, lnc Page 2 The Cily of'vorth RIch/and ¡¡¡/Is TelecommunIcations ~\y,~tem upon the basis of 800 am through 500 pm, Monday through fnday, excluding legal holJdays or major holidays observed by The City e No service, repair and/or replacement service required by this Paragraph shall include service and/or repair and/or replacement of any device supplied on the public utllity's side of the demarcation block In the event the Vendor's service representative determines that the service is required to be performed by the public utility, it shall be the obligation of Vendor to contact the appropriate public utility. f The response and repair times set forth in this Paragraph shall be extended if they are made impossible by virtue of the matters set forth in Paragraph 9 hereof g During the first two (2) years following Cutover if a specific component item of the Equipment requires in excess of three (3) maintenance calls in one (1) month, Vendor shall replace the defective component item at the Vendor's expense at The City's option. As used in this Agreement, "Cutover" shall mean the date that Equipment is placed in service, h. Vendor agrees to complete repair of the Equipment or any portion thereof, within four (4) hours after the arrival of the first authorized service personnel at the Site with the following exceptions: (i) in the event additional parts, equipment or personnel are required from locations outside a 100 mile radius of The City of North Richland Hills, North Richland Hills, Texas to complete the repair, such parts, equipment or personnel shall be on-site, and said repair completed within twenty-four (24) hours after the arrival of the first authorized service personnel for an Emergency service interruption, or one hundred twenty (120) consecutive hours after the arrival of the first authorized service personnel for a Non-Emergency service interruption; or (ii) in the event the public utility is involved in the correction of the repair and does not respond in a timely manner, L Restoration of service following a catastrophic event such as fire, stonns, earthquakes, or accidental damage shall be on the same basis as an Emergency interruption with around-the- clock effort, J "failure" by Vendor to respond in accordance with the terms and conditions set forth in this Agreement on five or more occasions within any period of 30 consecutive days, unless waived in writing by The City, shall constitute a breach of this Agreement Vendor and The City agree that in Copyright {' 1999 by 07711 Engmeering, Inc Page 3 The (i(\' o(.\'orth R/i.:hianJ If¡lls l'eLec(iml1?UnlL'arlons ,-\).'srem thc event of such a breach, 111e CIty shall suffer substantJal damages the amount of which IS not and shall not be readily ascertainable or capable of estimation. Vendor and The City agree that in lieu of other remedies for such breach provided herein or by law, The City may demand and Vendor shall upon demand grant to The City credits In the amount of $1,00000 for each Failure occurring subsequent to Notice. The City's nght to invoke this provision shall continue for a period of thirty (30) consecutive days after Notice. 4. Vendor sh¿úl provide Equipment relocation service to be utilized by The City to meet the changing needs of The City This service shall apply to telephone instruments, and shall include any necessary changes on The City's house or external plant cabling, Vendor agrees to relocate all types of instnunents at charges as listed in Exhibit IV for a period of twenty-four (24) months after Cutover, Thereafter these prices shall be in a, accordance with Paragraph 5 of the Sales Agreement to which this Maintenance Agreement is attached as -, E,lnb,t YI Yendo, sh.111 complete sueh se"KO as folio",. '¿--µ:::. +ive,(S) (t t- O,d", affcenng one (1) to five (5) ,"strument, - =: )WO'{J ~fro~~f oedcr. Orders affecting six (6) to ten (10) instruments - ~WOrkIng days from placement of order. b c, Orders affecting more than ten (10) instruments - completion time to be negotiated. 5. Vendor shall be responsible for coordinating all service required from the public utility. Vendor shall be responsible for any charges, other than nonnal service charges, from the Public Utility to The City for services provided at the request of the Vendor without The City's prior written consent. 6 Vendor shall insure that all preventative and remedial maintenance be performed in a manner that shall minimize service interruptions for The City employees 7, It is understood and agreed that all service requests shall be made by The City to Vendor, and shall Vendor fail to respond witllÌn the time set forth in Paragraph 3, then in that event, The City shall notify Vendor, in "vriting. of such failure This notification would occur for the first two (2) failures, At any subsequent failure to respond, 111e City may request such service directly from Manufacturer as warranted in Exhibit VII. All future requests shall be made jointly to Vendor and Manufacturer, and such requests to Manufacturer shall be to such locations as Manufacturer may direct. If Manufacturer fails to respond within the time specified, and thereafter, if no response is made within the ti me specified in Paragraph 3 of this Maintenance Agreement, The City shall have the right to engage any other Copyngh'~; 1999 by OTM EngIneenng, fnc Page 4 The Clt,· o('Yorrh R,chland fillls Telecommunications \vsfem person. flflTI. corporation or other legal entity to perform and furnish the labor and/or material necessary and/or requisite to repair and/or replace the Equipment component causing such service problem. In addition. after the first twelve (12) months following Cutover at each site, (that being the period during which Vendor is obligated by this Agreement to render such services without charge to The City, shall the payments made by The City to the person. finn or corporations rendering services exceed the limitations set forth in Paragraph 18 of this Maintenance Agreement, Vendor shall reimburse The City for the amount of such excess, except those amounts attributable to repairs and replacements or service occasioned by the exceptions set forth in Paragraph 3A of this Maintenance Agreement It is further agreed that shall The City incur any such expenses during the first twelve (12) months following Cutover, Vendor shall reimburse The City the entire amount expended by The City for such services, with the foregoing exceptions contained in said Paragraph 3a. 8. Vendor acknowledges The City's right to implement a portion or portions of its addi. 'tI~'o~ ' moves, and/or ch,mges 'Within its telephone system, However: _ ~ . Ii) / " b1 ~ V~):~\A...e.e.-h~~ tt'..:....~Io'\.\~\~""- II, a, Vendor shall notify The City of all end-users seminars relative to the Equipment that are made available from Manufacturer during the next ten (10) years, following acceptance of the Equipment by The City. b. All additional equipment that The City decides to install shall be made available from Vendor at the unit price itemized in Exhibit IV for a period of twenty-four (24) calendar months commencing with Cutover at the Site where the additional Equipment is to be located. Therefore, prices shall be in accordance with Paragraph 5 of the Sales Agreement to which this Maintenance Agreement is attached as Exhibit VI c. This right of implementation by The City does not relieve Vendor from the obligation to expedite additions, moves and/or changes requested by The City at The City's cost as set forth in Paragraph 4 of this Maintenance Agreement 9. Either party's performance under this Agreement is subject to acts of God, fires, floods, stonns, water, power failures, riots. insurrection. civil commotions. war, directives of civil or military authorities, strikes or picketing, acts or conditions for which the other party is responsible, acts or failure to act on the part of the Public Utility furnishing telephone network services to The City or any other cause beyond either party's reasonable control. Copynght.ç; 1999 by Of:IJ F;ng¡neenng. 1nc Page 5 The Clt} o{Vorth [<lch/and 11,11" TelecommunicatIons ~\'yslem I () In the C\cnt thc EquIpment has a total of SIX (Ó) malfunctlOns (hercinafter dcfincd) occurnng wiùÚn a period of In SIX (6) consccutive months, The City shall have the right to notify Vendor that The City has elected to return the entire Equipment, mcluding additions, to Vendor, which return shall be accomplished inunediately upon the installation and acceptance of replacement Equipment by The City, reserving to The City the right to continue to use Vendor-provIded Equipment until replacement Equipment has been installed, accepted, and is in operation, in which case Vendor, at no charge or expense to The City, shall remove, in a workmanlike manner, and as expediently as possible after such installation and acceptance of replacement Equipment, the entire Equipment initially installed, and any additions thereto This provision shall remain in full force and effect for a period of ten (10) years following ùle cutover of the initial installation of the Equipment at each Site. In addition thereto, Vendor shall repay to The City the salvage value as of the date of cutover to the replacement equipment referred to above. This salvage value would apply to the entire system so removed and any additions furnished to The City by Vendor in accordance with the provisions of this Agreement. Such payments to TIle City for said amounts paid by Vendor shall be made prior to the removal of the Equipment by Vendor. "Malfunctions" are defined to be the following: (i) failure in the switching or common portion of the Equipment affecting more than twenty percent (20%) of The City's lines at any Site, or (ii) any failure caused by the Equipment which isolates any Site, or (iü) any failure caused by the Equipment which results in a loss of service to more than twenty percent (20%) of the stations at any Site, 1 I, Vendor wammts to and covenants with The City that Vendor shall, at all times, comply with all worker's compensation laws applicable to its operations, and with the rules and regulations of all commissions, boards or agencies charged with the administration of such laws, and that the Vendor shall maintain in effect worker's compensation and comprehensive general liability insurance fully protecting both Vendor and The City as insured, in accordance with ùle certificate of Vendor's worker's compensation and comprehensive general liability insurance attached to the Sales Agreement as Exhibit Xl. Such insurance covering personal and bodily injuries or death shall be in the sum of not less than Two Hundred Fifty Thousand Dollars ($250.000,00) for one (1) person, and not less than Three Hundred Thousand Dollars ($300,0000) for anyone (I) occurrence. Insurance covering damages to property shall be in the sum of not less Ùlan Three Hundred Thousand Dollars ($300,000,00) for anyone (I) occurrence, and Three Hundred TIlOusand Dollars ($300,00000) aggregate. All such insurance shall provide that the same may not be canceled or modified unless thirty (30) days prior written notice is forwarded to The City, Further, such insurance shall be written with companies licensed to transact business in The City of North Richland Hills, North Richland Hills, Texas. CopYright t: : 99() hy OH1 Engineenng. [ne Page 6 The ( 'It V o(,\'orlh Rlchland 1{¡[ls ~.I·clecommunlcatl()ns ..\)'sten·¡ 12 Vcndor shall at all tJlnes IOdemrufy, defend and save harmless TIle City from all claims, actions, demands, costs, damages, loss or expenses of any kind whatsoever resulting from or connected with the operations hereunder. or from the omission or commission of any act (lawful or unlawful) by Vendor or its agents or employees In performance of its obligations hereunder. Tir- ì ~ ; ,^<k~.\~~,-C ;¡o.'hìtv-. ¡":> ~ ",'v.J) <'~ -\ {'D \"-< 1,,,,,,k~"'5 ;~ ~ak~ 2\. t~ Copyngh, (;j 1999 by onr Englneenng, inc Page 7 The ClfI' ofSorth Rich/and fllli" T":j'i!~'OmmUnlCa(lOnJ Sy'Jtem B RESPONSIBILITIES OF THE CITY D The CIty specifically agrees that the Vendor or its agent shall have the right of entry to The City's premises in order that service and maintenance may be performed as set forth in this Agreement Vendor shall not be l1able for any delays In providing mamtenance servIce which are attributable to The City's failure or delay in providing such entry or access 14 The City agrees to pay Vendor for maintenance services during years two (2) through five (5) at the rate of Forty-three Thousand Five Hundred and Fifty-Five dollars ($43,555), a. Provided, however, fees for maintenance service during the second arumal period (hereinafter defined) shall not exceed the sum of Forty-Three Thousand Five Hundred and Fifty-Five Dollars (hereinafter referred to as the "annual dollar limitation" which fç,¡ ~~ll. ai from the City's general operating f'M.u' ~"" ~\'I c¿, /,f'lJ..- fund. The second annual period (WM'f't)ftty period) shãll mence on the 366th day follo\\ing the date on wlùch tlle Equipment is accepted by The City ("Acceptance") and shall end twelve (12) calendar months thereafter. Subsequent annual periods shall be successive twelve (12) montll periods during the tenn of this Agreement and shall be subject to the maintenance fees herein. b. The annual dollar limitatIOn shall be adjusted on each anniversary date of cutover of last Site in proportion to any increase at the end of any aIU1ual period in the Consumer Price Index (All Items, U. S, City Average) published by the U. S. Department of Labor, Bureau of Labor Statistics (1982-83 = 100), c. In the event there is a change in tlle Equipment originally to be furnished as set forth on Exlùbit II of the Sales Agreement or tllere are any additions, deletions, modifications, changes or moves to the Equipment that affect service requirements during any aIU1ual period, then and in those events, tlle annual dollar lirrutation shall be adjusted on a pro rata basis at tlle Vendor's tllen current rates. Such adjustments shall be made on tlle next succeeding twelve (12) montll anniversary date of the Equipment's cutover. Such adjustment shall provide The City with credit for any unused warranty which may be applicable to the additions, d. The arum,ù dollar limitation on The City's fees hereunder shall not apply to the folJowing: (1) Non-emergency service (as opposed to emergency service) before 8:00 a,m and after 5:00 p In. Monday through Friday or upon legal holidays, providing such services are rendered Copynghl Ie 1999 by on{ Fnglneenng, Inc Page 8 The c,t\ ol.\'orlh !<lch!unJ lIIi!" ]'elccommün¡Callon.'i S'~'s!enl dunng such tl!nes at the specIfic request of The City, which service shall be invoiced to The Citv at one and one-half (] 1/2) times Vendor's then prevailing rates, with a minimum charge of three (3) hours per call (it is specifically understood and agreed, however, that should such SCfncc be rendered dunng such "non-normal working hours" at the request of or for the cO!l\enience of Vendor, charges at a straIght time rate for actual time spent shall be included in the annual dollar limitation): and (2) Service provided by Vendor which is not included in Vendor's maintenance serYice obligations (including service necessitated by the exceptions set forth in Paragraph 3A of this Maintenance Agreement) which shall be invoiced to The City on a time and material basis at Vendor's then prevailing rates, e It is understood that the travel time to be charged shall include only travel time from Vendor's primary place of business as defined in the preamble to this Maintenance Agreement. f Payment by The City to Vendor for services rendered pursuant to this Maintenance Agreement as provided herein shall be made withm thirty (30) days after date of invoice therefore, g. From time-to-time, Vendor shall notify The City, in writing, as to the schedule of rates for labor with respect to service calls. h. Notwithstanding anything contained herein to the contrary, during the twelve (12) calendar month period following Acceptance, all of Vendor's maintenance service obligations (including non- emergency and emergency service), subject to the exceptions of Paragraph 3a of this Maintenance Agreement, shall be provided at no charge to The City for labor, material, travel time, or for other items necessary for such service, 15 TIlÍs Agreement may be terminated by Vendor prior to its expiration if The City shall fail within fourteen (14) days of written notice to make any payment of any amount payable hereunder that is not in dispute such notice shall include specific reference to this Paragraph and the right conferred herein, The Vendor and The City agree that TIle City shall not pay and the Vendor shall not demand any interest payments if The City fails to make a timely payment as provided for in Article 601[, Tex Rev Civ. Stat. Ann" as amended, In the event of a disputed invoice The City shall notify Vendor, in wTiting, of the specific nature of the dispute TIle City shall not be obligated to pay the invoice in dispute until the same has been satisfactorily resolved by The City and the Vendor CopYrIghl (g 1 ')99 by OlM EngIneerIng, Inc Page 9 Th<' elrv "tS"nh filch/and li:ii> TeieccmmUni'\irlotJs .\)-'slcr'l1 1 (¡ This Agreement shall bllld the parties hereto and their respective successors and assigns. provided. however, neither party shall have the right to assign this Maintenance Agreement without the written consent of the other. which eonsent shaJl not be unreasonably withheld, Provided, further, however, Vendor shall have the nght to subcontract m wholc or in part the maintenance services to be provided under this Mall1tenance Agreement but shall not be relieved of liability hereunder 17 At any time beginning on the fifth anniversary of the Cutover, the City may cancel tius Mamtcnance Agreement by providing ninety (90) days advanced written notice to Vendor 18 This Agreement shall not preclude Equipment additions, including without limitation, switching equipment, station equipment, or miscellaneous equipment. At the time of such addition, the new Equipment shall be maintained in a manner similar to the original Equipment. 19. The tenT! of this Agreement shall be ten ( 10) years from the date of Cutover 20. No waiver of a breach of any provision of this Agreement by either party shall be construed or deemed to be a waiver or relinquishment for the future of said breach or any other breach or of any right arising from such breach, 21. Except as agreed to herein, Vendor shall not be liable under any circumstances for any incidental. consequential or indirect damages caused by its failure or delay in providing maintenance service, 22 In the event replacement parts for the Equipment are not readily procurable, suitable functionally equivalent substitute parts or equipment may be used, 23 This is the entire Agreement between Vendor and The City, and there are no other agreements, verbal or written, undertakings, warranties, express or implied, (except as may be provided by law) modifications or changes deviating from the terms hereof. and, to the extent any such understandings, agreements or undertakings do, in fact, exist, the same are hereby canceled and merged into this Agreement. and this Agreement may also be modified by a document, in '."Titing, subscribed by both parties subsequent to the date hereof 24 All written notices required or pennitted to be given under this Agreement to either party shall be given at the address shown in the preamble to this Agreement or to such other address as may be communicated to the (',)pynghl'Ç J 999 by OT\! Engmeenng, ¡nc Page 10 Th,' c,'y o(Xorrh RIChl,mJ lId!.,' Telecommunica{lons ,\\'s/e111 other part\' If} wntIng, and, If} the case of \:otlCC to The City, shall be sent to thc attentIOn of thc PurchasIng Manager AJI writtcn notices shall be sent to certllìed mail. return receipt requestcd C EXECUTIONS IN WITNESS WHEREOF, the parties hereto havc caused this Agreement to be executed by their duly authorized representative, ---f1nf}j7]þz .cydbk CJ -)u- 9q , I (Vendor) BY ANNETTE LABBE TITLE CONTRA,CT ADMINISTRATOR ~()r;~ ~..I'~ (The City) i / .~~-- ~ (J¥~ BY LARRY J. CUNNINGHAM TITLE CITY MANAGER (,'opyn,gn¡ zt' " -):)9 bJ' (),l:\f Englneenng, fnc Page I I EXHIBIT VII Manufacturer's Letter of Support ó) FUJITSU 5 12 4 Letter Of Manufacturer Support July 12, 1999 The City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, TX 76180 To Whom It May Concern: The purpose of this letter is to emphasize our support with respect to the F9600 telephone systems proposed to you. FUJITSU BUSINESS COMMUNICATION SYSTEMS will provide the following support services to The City of North Richland Hills: 1 , 24-Hour availability of emergency field support. 2. Timely repair of material. 3. Ten year spare parts and maintenance availability after installation acceptance of the F9600 telephone system. We look forward to welcoming The City of North Richland Hills into our family of F9600 telephone system users, hoping to share our technologies, services and commitments as we grow together, Sincerely, July 12, 1999 Forever BetterIng CommunIcation SolutIons 4 Fujitsu Proposal for The CIty of North RIch/and Hlfls EXHIBIT VIII Right To Use Software Language From The Sales Agreement EXHIBIT IX Progress Payment Schedule Language From The Sales Agreement EXHIBIT X Performance Bond Fujitsu to provide 10 days after contract signing EXHIBIT XI Certificate of Vendor's Worker's Compensation and Comprehensive General Liability Insurance Fujitsu to provide 10 days after contract signing EXHIBIT XII Installation Sites City HaIl 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Library Complex 6720 N.E. Loop 820 North Richland Hills, Texas 76180 North Municipal Complex 7202 Dick Fisher Drive North Richland, Texas 76180 NRH20 Family Water Park 9001 Grapevine Highway North Richland Hills, Texas 76180 Richland Tennis Center 7111 N.E. Loop 820. North Richland Hills, Texas 76180 EXHIBIT XIII Revised Configuration for the City of NRH :I: cz: )( z Q) .... õ. 0 E .~ 0 () U ~ Q) «I -5 .c .. :J 0 .... c:: 0 .. C'I .. ;: en :¡: c:: 0 U >< CO 0. ¡;¡ :I: ~ Ü t: '" 0- ã; ñ: ~ ~ '" :;; u.. o N J: a:: Z )( .. Õ. E o () ¡;¡ a. j:; ï: ~ ,; .J:. 1:: o Z - ::I o . G) N èñ :I: c::: Z .... o ~ ê3 (f) 0 0 0 ill ~ '" Q) N N ~ ~ N ~<I J ..- (f) '" N 0 N <D Qj ~ ~ I ~ ~- r-. ~ Qj I -. ~ 0 ~ Qj '" Qj 0 Qj (f) .., ~ 0 ..- ..- ~ <D o ) '" ~ o ) .c (5 r-. ..- :0 ~ ~ \!') (') ..- a '" C'"< N .~ u '" a. '" () " ~ ~ -ro :c ~~. 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B ~ '" v .9 .9 ·ü v :':': 0 II) 0 0 '" 0 '" 'ë on ... D l:J E ( ) ( ) ::> "" "" :E co c: ..J ..J .r:. t: 0 Z õj õj )( 41 J: J: ã. ¡:;. E D Ü Ü 0 .! N '" B C£J 0 v .9 .9 ,,; u ex:> v 0'> C£J <.D .... 0 ... 0 '" g ~ on .... l:J -0 E ( ) ( ) f c£ "" .c c: c: ..J ::::; ::::¡ VJ VJ c: c: º 0 ~ ~ iii "'0 .! :; :; J: B C£J C£J '" N '" '" <.D <.D ~ "t ..... (') 0 .... '" C£J (') .2 .2 on '" M (") õj ñ; Ü E .2 .2 ".; ..",,#( '" ã. VJ ~- a5 15 "" "" ~ £ ro ro '~ ~ ~ Õ> VJ VJ Õ "" >- >- ñ; VJ Q. ro E co E E ë VJ ~ ::J ~ ::J Õ ( ) ... <1> 0 N .S N E f- -¡¡¡ :) E c: £ c: £ E ê rJ) 9 2 Ë Ë VJ 0 E -¡¡¡ '~ '~ co t:: ãJ c: .æ Q) -¡¡¡ c: c: 0 ::J Q .s "' CD $ VJ N ë .s -¡¡¡ iJ -¡¡¡ 0 'iii ~ >- éñ <1> :I:' 0 VJ '" If) rJ) 41 co .s ::> .s ::J û5 ~ ã) ~ -¡¡¡ CII J: E ..J -CD -CD VJ ~ E c: c. ..ê N .~ co ~ ( ) D VJ '> 0:: VJ ~ -S co -0 ( ) ~ Ë "" ':; CII~ CII~ 0 c: Z ~ Õ-O Õ-O Õ '8 ( ) 0 ë D ::> cr c: I U <i § w '> ü5 c: c: ::2 VJ ::J - ¡ ) ( ) ro ( ) ro VJ ãJ VJ ã) co 0 2! E 0 c: " c: <II co VJ 15 ( ) <i .2 0 .- cu=f ..'!! <1> 0 VJ <1> VJ Š ::2 ~ ~ l:J ~ l:J oi -¡¡¡ 15 0 õj "" ã.=< -6 co c: ñ; c: -S co õj Õ 0 c VJ ::> VJ ~ D <1> ~ ro ( ) s: ~ rJ) ü en f- <i ü5 ::2 15 ::215 <i J: I 0:: ~ Õ> c: w ::2 f- a EXHIBIT XIV Fujitsu Letter Dated August 19, 1999 Summarizing Final Negotiations Agreement cO FUJITSU August 19, 1999 David Misko OTM Engineering 1901 N. Central Parkway, Suite 205 Richardson, TX 75080 Dear David: As a follow-up to our meeting and discussions on Wednesday, August 4th regarding our proposal for the City of N, Richland Hills, Fujitsu provides the following: I. Pricing and Configuration Total Price including installation - $678,385.00 Price includes: a) F9600 XL, 1 CPR, 2 Cabinet System b) Crytical(l) System monitoring system for ALL 4 locations c) Voice Mail Upgrade from 32 to 48 ports including Redundant Drive d) Two(2) DSS/BLF consoles for the two(2) Attendant Consoles e) All travel related expenses for the training for two(2), not to exceed a total of $5,000. Includes meals but excludes entertainment and alcohol. Airline, hotel, and rental car will be pre-purchased by Fujitsu. f) Look Ahead Routing for IntelliCenter at all 4 sites -delete g) Change the ES system to a wall-mounted F9600 US system for NRH20 - Family Water Park h) Include 18 digital recording devices instead of 36 i) Re-utilize existing UPS system at City Hall and N. Municipal complex. Note: UPS system is to be inspected by Fujitsu for usability II. Maintenance and Service OfferinÇl Fujitsu has reduced the maintenance cost provided in Section 5.8, the Maintenance and Service section of the RFP response dated, July 12, 1999, for years two (2) through five (5) from $124,625($1.61 per PBX port) to $94, 220. This reduction is based on shared responsibility for maintenance through the NRH provided certified technicians on-site and reflects a per PBX-port pricing of approximately $1,25 per port. Maintenance pricing will be affected by configuration changes, Maintenance cost beginning year six (6) will be adjusted for either option described above, to CPI or not to exceed 5%. The cost of the equipment may be reduced from $678,385 to $600,000 by NRH adding $20,000 to the annual maintenance payments to be paid at the beginning of each annual maintenance period. III. Tennis Center Pricina NRH may add the system for the Tennis Center Facility to the configuration described in item I. for a net addition of $12,435. One digital line card and 16 OT12DS' have been deleted, óJ FUJITSU IV, Price Protection Fujitsu agrees to honor the currently quoted cost for the following items for a period of 12 months from Contract Approval. a) Xi ox Call Accounting System- $20,437 b) Netprophet Network Management system c) Digital Line Cards and telephones for System Expansion. Pre-cutover pricing provided in Section 5,5 is intended for orders placed in quantity of 10 or more telephones V. 911 Call Identification Fujitsu guarantees that a 911 call placed from an extension off of the F9600 Switch can be identified by the City's designated 911 call center, The address of the installed switch and the main listed # associated with the specific location of the switch can be displayed by the 911 center equipped to handle such calls. In the event, Fujitsu is not able to provide this functionality. Fujitsu will provide the Telident E911 system to NRH at NO Charge. VI. Revision to Exception In response to Section 5.13.18, Fujitsu accepts a $5,000 per day penalty for estimated damages and not to exceed 10% of the total contract price. Failure of cutover shall be defined as the same as "major service interruption", para 3,c., Exhibit VI of the Sales Agreement(maintenance agreement), VII. Value Added Equipment and Software Fujitsu will provide at NO charge the software and PC-DT hardware for one (1) attendant as part of a trial/demonstration. The PC is to be provided by NRH. In addition, Fujitsu will provide upto 5 PC-DTs at NO additional charge for desktop applications. The PCs for both applications are to be provided by NRH. Fujitsu will also provide Disaster Recovery Plan, Service Call and Escalation chart/procedure, and favored pricinq for special applications such as Voice over IP, PC-DT, etc, as part of Fujitsu's commitment to a long term partnership with NRH. The Fujitsu Team looks forward to finalizing the Contract with the City of North Richland Hills and the opportunity to implement the advanced applications described in our proposal. Thank you, { 2