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    Bill(s) of Materials Bill(s) of Materials Document Transcript

    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. CITY OF ANN ARBOR REQUEST FOR PROPOSAL NO. 699 MARCH 3, 2008 CITY-WIDE TELECOMMUNICATIONS CARRIER SERVICES DUE: THURSDAY, MARCH 20, 2008 AT 2:00 P.M. SECTIONS 1.0 - GENERAL TERMS ………………... 1 2.0 - PROPOSAL REQUIREMENTS ……. 11 3.0 - SERVICE SPECIFICATIONS ……... 17 4.0 - PROPOSAL QUESTIONAIRE …….. 23 5.0 - COST PROPOSAL ……………….. 33 6.0 - ATTACHMENTS ……………….. . 38 1.0 GENERAL TERMS 1.1 THE REQUEST FOR PROPOSAL The City of Ann Arbor (“City”) is seeking Proposals for City-wide Telecommunications Carrier Services including all local, intraLATA, interLATA and related voice communications services based on delivery through ISDN-PRI, SIP/IP-Trunk or equivalent circuits. The Proposal will specify services currently available and deployed within S.E. Michigan, and will replace the City's installed Analog Centrex and TDM-based services. This Proposal is associated with RFP #676, City-Wide Telecommunications System Upgrade, and the successful Respondent will be required to facilitate the installation and provisioning of circuits as specified thru the City’s primary contractor, Suntel Services, during the installation of Mitel Voice-over-IP communications equipment. 1.2 INSTRUCTIONS FOR PROPOSAL COMPLETION The City of Ann Arbor provides the following instructions for the completion of this Request for Proposal. Respondents are expected to complete all sections presented within this Request for Proposal as completely as possible, based upon their abilities and experience. 1) Comply? Statements: These fields delineate sections of the document which the Respondent must execute using the initials of the Respondents’ Representative having signatory responsibility for this Proposal, and recorded as such on Attachment A, Proposal Submittal Form. In executing the compliance box the Respondent is warranting that he/she has or will be able to meet the standard(s) delineated in the statement ALL Comply Statements are R E Q U I R E D to be completed for a responsive Proposal. 3/3/2008 PUBLIC RELEASE Page 1
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Respondents may use simple “YES ” or “NO ” answers prior to initialing. ANY EXCEPTIONS, QUALIFICATIONS, OR LIMITATIONS to the standard(s) delineated in the statement must be fully documented concisely and accurately within each field provided. Exceptions/Qualifications/Limitations, the rationale stated for the exception and the documentation provided or the lack thereof, will be evaluated when considering whether or not any submission meets the City’s standards for a conforming response. Other supporting information is optional. 2) Acknowledge? Statements: These fields are provided for the Respondent to acknowledge that they have read the section(s) delineated. They are informational, and help define the scope and intent of the components described within their sections of the Request for Proposal. Respondents may use simple “YE S ”, “NO ”, or “NO RE S PO NS E ” answers, and include any pertinent and supportive information deemed necessary to clarify the statement. The response(s) to these components are NOT RE Q UI RE D for a responsive Proposal, but are recommended to be completed, and are rated within the overall adherence to specifications and “Completeness” criteria of the submission as specified in Section 1.11, Selection Criteria. ANY EXCEPTIONS, QUALIFICATIONS, OR LIMITATIONS must be documented concisely and accurately within each field provided. Exceptions/Qualifications/Limitations, the rationale stated for the exception and the documentation provided or the lack thereof, will be evaluated when considering whether or not any submission meets the City’s standards for a conforming response. 3) Response? Boxes: These fields are provided to help you to fully explain the features and benefits of the system you are proposing, and for the City to fully understand and analyze your responses to the items presented. Responses are highly recommended, and should be as complete, thoughtful and detailed as possible to assist the City in evaluating your Proposal. Respondents may minimally use simple “YE S ”, “NO ”, or “NO RE S PO NS E ” answers. The response(s) to these sections are NO T RE Q UI RE D for a responsive Proposal, but are rated with ALL Selection Criteria specified in Section 1.11, Selection Criteria. All Proposal responses shall be assembled as specified in Section 2.9 - Proposal Format, and submitted as specified in Sections: 1.10 - Proposal Receipt; 2.6 - Proposal Submission; and 2.7 - Submittal Copies. Acknowledge? 1.3 TURNKEY INSTALLATION All Proposals shall be for the telecommunication services, installation and provisioning as specified. The Respondent is to ensure that a complete, integrated and optimized set of modern telecommunications trunk connectivity and voice services is specified, and that nothing remains to be purchased or supplied by the City of Ann Arbor other than those items so indicated. Proposal award for the services and installations will be made to a single Respondent who will assume full responsibility for configuring and installing all required interfaces, provisioning of all related services, as well as performing system testing and verification of all installations, configurations and service migrations provided under these specifications. The Respondent shall provide all necessary hardware, software and/or special equipment required to perform the scope of services and not specifically mentioned herein without claim for additional payment. The City of Ann Arbor will provide the staff resources and appropriate contacts for Suntel Services to insure a successful installation and migration of voice services. The specifications listed in the scope of services may not necessarily list all services, software or hardware equipment required to complete the City-wide Telecommunication Carrier Service upgrade that will satisfy the City’s service requirements. It shall be the responsibility of the Respondent to verify the completeness of the requirements, the features requested, and any additional specifications released in subsequent Request for Proposal clarification addendum, and to include in its response the products and services necessary to meet the total requirements of this Request for Proposal. Comply? 3/3/2008 PUBLIC RELEASE Page 2
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 1.4 SCHEDULE OVERVIEW* ACTIVITY DATES AND TIMES Proposal Released March 3, 2008 Deadline for Submitting Requests for Clarifications March 14, 2008, 1:00 P.M. Deadline for Proposal Submission March 20, 2008, 2:00 P.M. Vendor Selection April 4, 2008 Council Submission April 21, 2008 Contract Execution April 29, 2008 Service Installation May-June 2008 *This is an estimated schedule, and is for informational purposes only. The schedule is subject to change at the City’s discretion. Acknowledge? 1.5 CONTRACT ADMINISTRATION Following the execution of the contract, all communications concerning the contract must be directed to: Daniel Rainey, Director Information Technology Services Unit City of Ann Arbor 100 N. Fifth Avenue PO Box 8647 Ann Arbor, MI 48107-8647 Telephone: (734) 994-2794 Fax: (734) 994-3031 E-Mail: DRainey@A2gov.org Acknowledge? 1.6 CONTACT PERSON If there are general questions or other items that require clarification concerning this Request for Proposal, please notify this Request for Proposals’ primary contact, Brian Morey, Architecture Manager, Information Technology Services Unit, by e-mail at BMorey@A2gov.org. Specific responses to questions and clarification requests will be addressed as detailed in Section 1.8, Changes in the Request for Proposal and Question Resolution. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 3
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 1.7 PROJECT SITE LOCATIONS The installation of Telecommunications Services will be conducted at the City’s planned “hub” locations for the City Network; City Hall, Wheeler Service Center and Ann Arbor Water Treatment Plant. Primary Hub Site: Ann Arbor City Hall Address: 100 North Fifth Avenue, Ann Arbor, MI 48104 NPA/NXX: 734/994 Number of ISDN-PRI circuits: 2 Secondary Hub Site: Wheeler Service Center Address: 4251 Stone School Road, Ann Arbor, MI 48108-9792 NPA/NXX: 734/971 Number of ISDN-PRI circuits: 2 Tertiary Hub Site: Water Treatment Plant Address: 919 Sunset Road, Ann Arbor, MI 48103-2924 NPA/NXX: 734/994 Number of ISDN-PRI circuits: 1 Acknowledge? 1.8 CHANGES IN THE REQUEST FOR PROPOSAL AND QUESTION RESOLUTION Should any prospective Respondent be in doubt as to the true meaning of any portion of this Request for Proposal, or should the Respondent find any ambiguity, inconsistency, or omission therein, the Respondent shall make a written request for an official interpretation or correction. Such requests shall be submitted throughout the Proposal cycle and will only be accepted by e-mail to the primary contact listed in Section 1.6, Contact Person, with final submissions received n o l ater th an Fri d ay, March 14, 2008, 1:00 P.M . The person making the request shall be held responsible for delivery and verification of receipt. The City’s staff will make such interpretation or correction, as well as any other additional provisions that the City may decide to include, whether in response or otherwise, only as a Proposal Addendum. Staff will e-mail and post to the web any addenda, with any fi n al add en d u m b ei n g i s su ed on Tu es d ay, March 18, 2008, 1:00 P.M . Any addendum issued by the City shall become part of this Request for Proposal. Respondents should consider, and must include, issued addendums in preparing their Proposals. Only addenda duly issued by the City shall be binding. Any errors of omission based on non-inclusion of addenda specifications in any portion of the submittals shall not be the responsibility of the City. Acknowledge? 1.9 PRESENTATIONS AND DEMONSTRATIONS Selected Respondents may be asked to provide: • Presentations of the Proposal, services and resource requirements to the selection committee. All costs incurred by the Respondents in making such presentations will be borne by the Respondent. The Respondent will be responsible for cooperating with the coordination of the visits thru the Information Technology Services Unit. Following any such presentation or demonstration, or any additional information requested, Proposals may be re-evaluated. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 4
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 1.10PROPOSAL RECEIPT Proposals must be received by the City of Ann Arbor, Purchasing Unit, 5th Floor, City Hall, 100 N. Fifth Ave., Ann Arbor, Michigan, 48104 o n o r b e f o r e 2 : 0 0 P . M . , T h u r s d a y , M a r c h 2 0 , 2 0 0 8 . Prospective Respondents are responsible for the timely receipt of their Proposals. All submittals must be clearly marked “TELECOMMUNICATION CARRIER SERVICES, RFP#699 ”. The City will not be responsible for any Proposal not marked and delivered as stated. All Proposals become the property of the City of Ann Arbor once received, whether awarded or rejected. L a t e P r o p o s a l s w i l l n o t b e o p e n e d o r c o n s i d e r e d . Acknowledge? 1.11 SELECTION CRITERIA All submissions shall be evaluated with the emphasis placed on the Respondent’s ability to meet the City’s requirements, the responsiveness of the Proposal, cost, and the criteria specified below. The City intends to enter into a long term relationship with a well-established Respondent whose products, features, service philosophy and support policies best serve the needs of the City, and meets the requirements presented within this Request for Proposal. The selected Respondent must have a proven track record of support from installation planning through implementation and ongoing use. There should also be evidence of responsiveness to clients' suggestions. Responses to this Request for Proposal will be evaluated by a Selection Committee composed of members from the City’s Business Units. Submissions will be evaluated through a weighted point system that will include, but will not be limited to, the areas outlined: 1. Specification Compliance and Service Features (25 pts) 2. Qualifications and Experience / Ability to Execute (25 pts) 3. Ease of Implementation / Operational Support (25 pts) 4. Costs and Fees. (25 pts) The Selection Committee will initially evaluate responses to this Request for Proposal and decide which Respondent(s), if any, they will interview. During the interview process, the selected Respondent(s) will have the opportunity to discuss in detail their qualifications, their experience, their implementation plan, the processes proposed, and their contracts and cost schedule(s). 1.12 COST EVALUATION The City reserves the right to reject the low cost Proposal, if evaluation determines that to be in the City’s’ best interest. Proposals whose costs do not accurately represent a reasonable cost for the services being purchased may be automatically disqualified and rejected. Cost proposals will be evaluated in relation to overall completeness of services, ease of implementation, contract and billing management, and long-term service value. The City will seek to enter into a contract with the Respondent with the highest service value, most favorable pricing, business viability, and proven ability to execute. If differences cannot be resolved, the City may open negotiations with the Respondent with the next highest rating. Costs for any additional services recommended in the Proposal(s) and acceptable to the City will be handled by separate agreement(s). Acknowledge? 3/3/2008 PUBLIC RELEASE Page 5
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 1.13 COMPLIANCE REQUIREMENTS If total costs of all services rendered by the Respondent to the City of Ann Arbor in the last 12 months exceed $10,000 in combination with this Proposal, Respondent will be required to comply with the City Living Wage Ordinance. Human Rights compliance (Attachment F) is required for all services valued over $10,000. If total costs of all services rendered in connection with this Proposal to the City by the Respondent exceed $25,000, City Council approval will be required. Comply? 1.14 NON-DISCRIMINATION BY CITY CONTRACTORS All contractors proposing to do business with the City of Ann Arbor, except those specifically exempted by regulations promulgated by the Administrator and approved by City Council, shall receive approval from the Purchasing Unit prior to entering into a professional services agreement with the City. Said firms shall comply with the nondiscrimination provisions of Chapter 112 of the Ann Arbor City Code to ensure that applicants are employed and that employees are treated during employment in a manner which provides equal employment opportunity and tends to eliminate inequality based upon race, national origin or sex. Comply? 1.15 LIVING WAGE All contractors proposing to do business with the City of Ann Arbor, except those specifically exempted by City Code, agree to comply with the living wage provisions of Chapter 23 of the Ann Arbor City Code and, if a “covered employer” as defined therein to pay those employees providing services to the City under this agreement a “living wage” as defined in Chapter 23 of the Ann Arbor City Code; and, if requested by the City, provide documentation to verify compliance. (See excerpt of Chapter 23 of Ann Arbor City Code - Attachment D, and Living Wage Poster – Attachment E). Comply? 1.16 SALES TAX EXEMPTION Under State Law, the City is exempt from the assessment of State Sales Tax on its direct purchases. Contractors who acquire materials, equipment, supplies, etc. for incorporation in City projects are not likewise exempt. State Law shall prevail. No extra payment will be allowed under the Contract for failure of any and/or all Contractors or sub-contractors to make proper allowance for taxes it must pay. Comply? 1.17CERTIFICATE OF AUTHORITY The Respondent must maintain for the duration of the agreement with the City a Certificate of Authority (D.B.A) to do business in the State of Michigan, and provide City with a copy as specified in Section 2.9, Proposal Format. Comply? 3/3/2008 PUBLIC RELEASE Page 6
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 1.18 RISK DURING EQUIPMENT STORAGE AND INSTALLATION Delivery of any required premise equipment shall be made in accordance with the first phase of the RFP#676 timeframe presented in Section 2.4, Projected Implementation Schedule. Equipment shall be installed and placed into good working order by representatives of the Respondent. During the time period where equipment is in transit and until the equipment is fully installed and in good working order, the Respondent and its insurer shall be responsible for the equipment and shall hold the City and agents harmless from any risk of loss or damage to any equipment. Acknowledge? 1.19 SHIPPING OF EQUIPMENT All shipping and insurance costs to and from required sites is the responsibility of the Respondent and their sub- contractors, and shall be included in the Respondent's Proposal. All payments to shipping agents and for insurance fees shall be made directly by the Respondent. The City shall make no payments to any firm concerning the shipment, installation, and delivery of any equipment which is not included as part of this Proposal and for which exact payments are not described. Respondent shall be responsible for all arrangements for the shipment and receipt of equipment to City's prepared site. The Respondent shall provide all properly trained representatives to unpack all items of equipment and place this equipment in the proper locations, and is responsible for removal of all debris and packing materials resulting from the installation of the any equipment. Acknowledge? 1.20COST LIABILITY The City accepts no financial responsibility for any costs incurred by any Respondent or their sub-contractors in responding to this Request for Proposal. By responding to this Request for Proposal, the Respondent agrees to hold City harmless if parties other than the City obtain material from their submission without their consent. The successful Respondent shall be responsible for all information gathering, analysis, and required programming to meet the service requirements of this Proposal. These costs must be detailed in Section 5, Cost Proposal. No additional charges, other than those listed within the Cost Proposal and the associated Bill(s) of Materials, shall be made. Prices quoted will include the verification and coordination of orders with the City and SunTel Services, and all necessary logistical and operational costs associated with the provisioning of services pursuant to this Request for Proposal. Comply? 1.21CONFLICT OF INTEREST Respondent certifies it has no financial interest in the products or services to be provided under this agreement other than the compensation specified in the Proposal. Respondent further certifies that it presently has no personal or financial interest, and shall not acquire any such interest, direct or indirect, which would conflict in any manner with its performance of the Services under the Proposal. Comply? 3/3/2008 PUBLIC RELEASE Page 7
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 1.22 INDEPENDENT COST DETERMINATION 1. By submission of a Proposal, the Respondent certifies, and in the case of a joint Proposal, each party thereto certifies as to its own organization, that in connection with this Proposal: a. They have arrived at the costs in the Proposal independently, without consultation, communication, or agreement, for the purpose of restricting competition as to any matter relating to such fees with any other Proposal Respondant or with any competitor. b. Unless otherwise required by law, the costs that have been quoted in the Proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to award, directly or indirectly, to any other prospective Respondent or to any competitor. c. No attempt has been made or shall be made by the Proposal Respondent to induce any other person or firm to submit or not submit a Proposal for the purpose of restricting competition. 2. Each person signing Attachment A, Proposal Submittal Form certifies that he or she is the person in the Proposal Respondent’s organization responsible within that organization for the decision as to the fees being offered in the Proposal and has not participated (and will not participate) in any action contrary to 1.a, b, or c above. 3. A Proposal will not be considered for award if the sense of the statements required in Section 1.11, Cost Evaluation of this Request for Proposal has been altered so as to delete or modify 1.a, c, or 2 above. If 1.b has been modified or deleted, the Proposal will not be considered for award unless the Respondent furnishes with the Proposal a signed statement which sets forth in detail the circumstances of the disclosure and the Issuing Office determines that such disclosure was not made for the purpose of restricting competition. Comply? 1.23 TYPE OF AGREEMENT The City intends to enter into a 36-Month contract for telecommunications services with a single responsible Respondent who will take full responsibility for all service installations, testing, and migrations specified in the Agreement and ordered by the City. The City will have the option of renewing the contract for two (2) additional 12- month periods for a total of 60 months. The City will have the option of adding or deleting quantities of services included within all sections of the Proposal without raising the unit purchase price quoted in the Cost Schedule(s) throughout the contract negotiation period, based on the City’s final specifications or budget constraints. The City will have the option of adding quantities of items included within all sections of the Proposal without raising the unit purchase price quoted in the Cost Proposal(s) throughout the entire contract period. Acknowledge? 1.24CONTRACTED SERVICES The Respondent selected to do business with the City of Ann Arbor will be required to execute all contracts and provide all required supporting documentation (insurance, living wage compliance forms, etc.) before the commencement of work. The City will not entertain requests to revise, amend, or change the language of the City standard Agreement (specimen copy is Attachment B) except where necessary to incorporate the scope of services and compensation for same as awarded. Any additional terms or conditions related to the proposed scope of 3/3/2008 PUBLIC RELEASE Page 8
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. services or method of compensation which Respondent wishes to propose or in connection with any exception/qualification/limitation noted in the Proposal must be attached as supplemental information (including but not limited to: contracts, forms, terms, franchise, hardware or software warranty agreements, hardware or software maintenance contracts, 3rd Party software licensing and support agreements, or other items). Respondent(s) supplemental information must be submitted as specified in Section 2.9, Proposal Format to be considered as part of their proposal. Any forms or other documents not submitted as part of the Proposal and subsequently presented for inclusion will be rejected. Respondents must base their Proposal on the assumption that, if selected, they will execute the City’s standard Agreement. Any proposed Sub-Contractor(s) will be listed on Attachment A – Proposal Submittal Form . The Respondent selected to provide the services requested under this Request for Proposal will be required to execute all contracts within thirty (30) days of notification of award of the Proposal . Comply? 1.25 ADVERTISEMENT The Respondent must obtain the prior written consent of the City of Ann Arbor to use its logo or other representations for any advertising purpose. The Respondent must also obtain prior written consent of the City to use any Proposal related system concepts or implementation details for marketing and/or promotional purposes. Please forward your written request, along with a detailed description of the intended use of the city’s logo or other Proposal related information to: City of Ann Arbor Communications Officer 425 S. Main Street, Suite LL114 Ann Arbor, MI 48104 Fax: (734) 994-8731 The City of Ann Arbor Communication Office will respond to your written request within five (5) business days. The laws of the State of Michigan, City Purchasing and Administrative Policies for contracting, purchasing, and advertisement are made part of this Request for Proposal. Comply? 1.26REGULATORY COMPLIANCE All components and installations must meet or exceed all applicable OSHA and MIOSHA regulations in effect at the time of manufacture and installation, and meet or exceed all ANSI/BIFMA Standards and UL Testing Criteria. Comply? 1.27DISCLOSURES There will be a public opening of the Request for Proposals to verify Submittal Signature Page, Certificate of Authority and existence of separate, sealed Cost Proposal. No other information will be reviewed at that time. The successful Request for Proposal and the subsequent contract will become public information in accordance with the laws of the State of Michigan and in particular the Michigan Freedom of Information Act (P.A. 442 of 1976, as amended). This Act provides for the complete disclosure of contracts and attachments thereto except where specifically exempted. 3/3/2008 PUBLIC RELEASE Page 9
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Acknowledge? 1.28RIGHTS IN DATA AND DOCUMENTS Any research, reports, data, photographs, negatives or other documents, drawing or materials prepared by the successful Respondent in performance of its obligations under this contract shall be the exclusive property of the City of Ann Arbor. All such materials shall be delivered to the City of Ann Arbor upon completion, termination or cancellation of the contract. The selected Respondent shall not use, willingly allow, or cause to have such materials used for any purpose, other than in the performance of its obligations under the contract without the prior written consent of the City of Ann Arbor. Acknowledge? 1.29RESERVATION OF RIGHTS The City of Ann Arbor reserves the right to accept any Proposal or alternative Proposal in whole or in part, to reject any or all Proposals in whole or in part, to waive irregularities and/or informalities in any Proposal, and to make the award in any manner deemed to be in the best interest of the City. The City reserves the right to request any additional information from the Respondent that may be deemed necessary for evaluation. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 10
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 2.0 PROPOSAL REQUIREMENTS 2.1 RESPONDENT BACKGROUND To be considered responsive to this Request for Proposal, a prospective Respondent must:: 1. Have a minimum of five (5) years experience in providing Carrier-Grade Telecommunication Services similar in size and scope to the system specified, noting installations in the public sector. 2. Provide three (3) customer references in Section 2.10, References, for whom the prospective Respondent has provided a comparable Carrier Services similar to the size and scope of the services specified. 3. Certify that they possess certified telecommunications platform “integrator” capabilities, and are “experts” in the Respondents proposed technologies, product implementations and migrations. Comply? 2.2 WARRANTIES BY RESPONDENT(S) The Respondent, all sub-contractors and agents, for purposes of this Proposal, and if selected for purposes of provision of services under contract with the City, makes the following warranties: 1. Given the documentation about the City's particular purpose, the Respondent at submission has (1) reason and opportunity to know the particular purpose for which services are required, and (2) that the City is relying on the Respondent's experience and knowledge of these products to provide those which are most suitable and appropriate. The Respondent warrants that the services proposed are fit for the purposes for which it is intended as described in this document. 2. Warrants that it has all the skills, experience, qualifications, certifications and professional licenses necessary to perform the services it is to provide for the required Carrier Service installations and migrations pursuant to the scope of services. 3. Warrants that the quality and performance of its services under this Proposal shall conform to the level of professional quality performed by experts regularly rendering this type of service. 4. Warrants that it has, available sufficiently trained employees to provide the services specified within the projected implementation schedule. 5. Warrants that all electronically transmitted files will be scanned for viruses, worms, trojans, back-doors and all other destructive and non-destructive malicious code before submission to the City of Ann Arbor e- mail or networked file systems. 6. Warrants all hardware, software and/or special equipment brought on-site will be guaranteed in writing to be protected against viruses, worms, trojans, back-doors and all other destructive and non-destructive malicious code before connection to the City of Ann Arbor system. 7. Warrants that it is not, and shall not become overdue or in default to the City for any contract, debt, or any other obligation to the City including real and personal property taxes. Comply? 2.3 PROJECT MANAGEMENT STAFF DESIGNATION The Respondent understands and concurs that the successful installation, testing, and operation of the services that are specified in this Request for Proposal shall be accomplished by a cooperative effort. To most effectively manage this process, the Respondent shall designate a single representative to act as project manager, who shall have the authority to act on behalf of the Respondent on all matters pertaining to this Provision of Services. 3/3/2008 PUBLIC RELEASE Page 11
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. In the event that an employee of the Respondent is, in the opinion of the City, uncooperative, inept, incompetent, or otherwise unacceptable, the Respondent agrees to remove such person from responsibility in the project. In the event of such a removal, the Respondent shall, within ten (10) business days, fill this representative vacancy as described above. Regardless of whom the Respondent has designated as the representative, the Respondent organization retains full responsibility for performing all tasks and completing all requirements solicited in this Proposal. Comply? 2.4 PROJECTED IMPLEMENTATION SCHEDULE This service implementation is currently planned to be implemented in conjunction with the Mitel VoIP equipment deployment from RFP#676, Telecommunication System Upgrade. It is required that all carrier services will be implemented during the first phase of this project scheduled from April – June, 2008. Comply? 2.5 WARRANTY PERIOD FOR SERVICE CONFIGURATIONS The Respondent warrants that all services proposed within their response, whether installed initially or under any phase of the project, and their supporting service configurations will be warranted by the Respondent to be free of defects in configuration errors and overall workmanship for a period of A T L E A S T 9 0 D A Y S following final acceptance. During the subsequent service agreement, any DE FE CT I VE ASS I G NME NT S AND CO NFI G URAT I O NS shall be repaired or replaced at no cost to City of Ann Arbor. Comply? 2.6 PROPOSAL SUBMISSION The Proposals are due with all required documentation on or before 2 : 0 0 P . M . , T h u r s d a y , M a r c h 2 0 , 2 0 0 8 . You may hand deliver your Proposals or use mail/courier services. Respondents agree to honor their Proposal for a period of 9 0 d a y s from the Proposal due date, and may not be withdrawn, modified or cancelled during this timeframe. All submission material must be delivered to: City of Ann Arbor Procurement Unit, 5th Floor, City Hall 100 N. Fifth Ave. Ann Arbor, MI 48104 All Envelopes must be clearly labeled “T e l e c o m m u n i c a t i o n C a r r i e r S e r v i c e s , R F P # 6 9 9 ”. Prospective Respondents are responsible for the timely receipt of their Proposal. All submission material will automatically become the property of the City of Ann Arbor once received, whether awarded or rejected, and will not be returned. L a t e o r i n c o m p l e t e P r o p o s a l s w i l l n o t b e c o n s i d e r e d . After review of the submissions, the City reserves all rights, at its sole discretion, to use without limitation any and all information, concepts and data contained therein. No Proposal will be considered received unless all copies of the Proposal, including original, and printed copies, have been received by the date and time specified. Comply? 3/3/2008 PUBLIC RELEASE Page 12
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 2.7 SUBMITTAL COPIES Respondent shall submit one (1) printed and bound original, and five (5) printed and bound copies, of the Proposal Submission; and in a s e p a r a t e , s e a l e d e n v e l o p e , one (1) printed and bound original, and five (5) printed and bound copies, of the Cost Proposal and Bill of Materials. The originals must be clearly marked “ORIGINAL”. The original and copies of the proposal documents must contain the name of the firm, the RFP number, and a title indicating “Proposal” or “Cost Proposal”. Respondent shall also submit in the “Original” Proposal packet, one (1) electronic copy of all Proposal document(s) in Adobe PDF, Microsoft Word, Excel, Project and/or Visio 2000 formats on a Windows compatible CDROM. Comply? 2.8 REFERENCES Respondents must supply the City with a list of at least three (3) companies or public agencies, with contact information, for which the Respondent has implemented Centrex to PRI migration services that are essentially equivalent to the Respondent’s Proposal to the City. Please include those that were handled by the facility that will be responsible for this installation first. Any major difference between the Respondent’s Proposal to the City and these references must be noted. Failure to list references with contacts will result in your submission being disqualified. The City reserves the right to contact any Company or Agency for which Respondent has provided services, whether listed or not. Comply? REFERENCE #1 Reference Name Reference Phone # and Contact Name Date of Installation Services Provisioned Number of Lines/Users Applications Implemented Will the team that served this customer be responsible for the proposed service delivery? REFERENCE #2 Reference Name Reference Phone # and Contact Name Date of Installation Services Provisioned Number of Lines/Users Applications Implemented Will the team that served this customer be responsible for the proposed service delivery? REFERENCE #3 Reference Name Reference Phone # and Contact Name Date of Installation Services Provisioned Number of Lines/Users Applications Implemented Will the team that served this customer be 3/3/2008 PUBLIC RELEASE Page 13
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. responsible for the proposed service delivery? 2.9 PROPOSAL FORMAT At a minimum, the response to this Request for Proposal must include the sections listed below, must execute all of the Comp l y statements to be R es ponsi ve , and should have all of the Ack n owl ed ge statements and Res p on s e boxes filled in to be Com pl et e . Section 5, Cost Proposal and Bill(s) of Materials MUS T be submitted in a separate, sealed and labeled envelope for the Proposal to be Cons i dered . Cover Page. Completed Request for Proposal Signature Sheet (Attachment A) Certificate of Authority, to do Business in the State of Michigan (D.B.A.). Cover Letter (1-2 Pages). You can provide a cover letter to summarize the benefits of working with your Company and proposed solution. Executive Summary (1-3 Pages). This will provide a management overview of the proposed solution. This is intended to be concise and high level in nature and address such general items of interest as the level of difficulty in service migrations, the risks associated with the effort, any significant advantages provided by this design, your approach, your project team or other items that will allow the evaluation team to fully understand and know how your solution addresses the project requirements. Migration Description (1-3 Pages). This should be presented as concisely as possible to describe the important features and elements in the timing and actions of the proposal in terms of service delivery and cutover activities. Project Schedule Outline (1 Page). This section should outline the project implementation and service delivery plan for the installation and migration. City Responsibility Matrix (1 Pages). This table and/or section should summarize the activities and staff requirements that the Respondent is anticipating a commitment for City of Ann Arbor resources. Professional Qualifications (3-5 Pages). This section should provide experience summaries and qualifications of key personnel to be involved in the project, describing their proposed roles, including, at a minimum, the following personnel: • Chief/Senior/Primary Respondent Representative • Project Manager Assigned • Integration Manager Assigned (VoIP system coordination) Include sufficient information to enable the City to evaluate Respondent’s technical capabilities, viability and resources for supporting and delivering the project on time, with minimal negative-impact to the City. Section-by-Section Response (No Limit). The completed copy of this Request for Proposal document. All Comp l y, Ack n owl ed ge and Res p ons e Boxes executed or completed as required to the best of the Respondent’s abilities. Section 3, Service Specifications and Section 4, Proposal Questionnaire should be presented in as much detail as possible to describe the important features and components identified within the Proposal. The Respondents shall indicate their ability to meet all service and feature requirements noted in the descriptions and questions, and include a summary of how the services or actions offered can technically or operationally meet the requirement. 3/3/2008 PUBLIC RELEASE Page 14
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. All completed Addenda, Acceptance Plan, and all additional materials requested in Section 1.24, Contracted Services, will be included at the end of this completed Section-by-Section Proposal Response document. Literature and Cutsheets (<1” Total). This section is to include appropriate brochures and other service offering documentation to help illustrate and describe the system, its capabilities and any other pertinent information the Respondent feels contributes to the quality and clarity of the submission. At a minimum, it shall include: • Company Services Literature and Competitive Market Analysis. • Feature Matrices for all major services. • Billing and Accounting materials for all major components. • Additional service related marketing materials. Cost Proposal (5-10 Pages). The total cost for the full system as specified will be included in the Cost Proposal, and must be submitted in a separate, sealed and labeled envelope included within your submission packet, and will be clearly labeled as “Cost Proposal”. All detailed costing information will be completed in Section 5, Cost Proposal, and will include separate, detailed Bill of Materials for each component requested. This will include costs for all professional services; including all engineering, installation, testing, training and project management as deemed necessary by Respondent to provide a fully functional City-wide Carrier Services upgrade and migration. Bill(s) of Materials A complete bill of materials must be included with the Cost Proposal. It should be organized by system component to include: • Service Component Name and Description • Quantity Quoted • Unit Price • Discount % and Extended Price Acknowledge? 2.10 EXCEPTIONS, ALTERNATIVES AND OPTIONS Future expansion phases, whether as part of Information Technology Services Unit systems or as part of other City Area/Unit systems, are not part of this Proposal. The City reserves the right to separately contract or issue Requests for Proposals for any additional services and/or alternatives proposed. Where deviations from the specifications may result in lower cost, greater service efficiency, improved systems performance, or streamlined implementation timelines, Respondents are encouraged to describe, in writing with sufficient detail, designs or solutions that are in full agreement with the specification. If a Respondent can meet the functional requirements of this specification in a cost effective and practical manner quoting commercially offered IP/SIP Trunking and telephony services, it may be submitted as a Proposal Alternate. The Respondent is responsible for completing the Proposal as presented and answer any questions to the best of their ability, so that the capabilities, implementation details, pricing, and implications of the solution can be adequately evaluated. Acknowledge? 2.11 ACCEPTANCE CRITERIA 3/3/2008 PUBLIC RELEASE Page 15
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Upon completion of work and before final acceptance, the Selected Respondent will submit to the City: • All As-Deployed Service Records • Final billing structure and Account Management interface 2.12 ACCEPTANCE TEST PLAN The Respondent must provide a high-level acceptance-test plan of their proposed City-wide Carrier Service installation and migration in their response for approval by the City. The Acceptance Test Plan will provide a sufficiently detailed template, and shall define the manner of testing the services, configurations, and service migrations for its compliance with the functional requirements stated within this Request for Proposal. On approval by the City, the Acceptance Test Plan template shall become the basis for acceptance of the functional performance of the system migration and may be used as a performance indicator for payment purposes. In the event the City requires a modification to the Acceptance Test Plan template during the contract term, but before final approval, the Selected Respondent shall respond to the City’s request for the change within three (3) business days and executed by the Parties as Addenda. Acknowledge? 2.13 ACCEPTANCE OF PROJECT DELIVERABLES The Contractor shall demonstrate that all work is complete, free from physical, electrical and configuration defects or deficiencies and in satisfactory operating condition before final acceptance. City shall be allowed a reasonable period of time per site or service migration to inspect and test the work performed and to notify Contractor of acceptance. The services proposed shall be defined to be finally accepted by City after the installation of all new services, successful migration of required existing services, and completion of successful account training. The City shall be the sole judge of whether all conditions for final acceptance criteria have been met. All services, equipment or configurations that are deemed not to comply with the Proposal specifications will be replaced by the selected Respondent, at no charge to City, before final payment. All deliverables under the awarded contract are due n o l a t e r t h a n 4 : 0 0 P . M . o n F r i d a y , J u n e 2 7 , 2 0 0 8 . Respondent will be notified of preliminary acceptance within ten (10) business days of delivery. Should the City be in doubt as to the quality or true operation of any portion of the delivered system, or should the City find any ambiguity, inconsistency, or omission therein, the City shall make a written request for an official interpretation and/ or correction before final acceptance of the deliverables. Respondent must warrant that a fully operational system is in place and that all acceptance testing shall be completed to the City’s satisfaction no later than 4:00 P.M., Friday, June 27, 2008. Monthly invoices for services may begin to be submitted upon notice of final acceptance of services. Comply? 2.14TELECOMMUNICATIONS SYSTEM UPGRADE PROJECT The City will be implementing a City-Wide Telecommunications System Upgrade to a Mitel VoIP Telephony platform, to be connected to the carrier services specified in this Request for Proposal. Respondents must acknowledge the necessity of working cooperatively with Suntel Services, the primary integrator, and Mitel Communications equipment, the selected platform, for the successful implementation of a complete and fully- functional City-wide Telecommunications solution. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 16
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 3.0 SERVICE SPECIFICATIONS 3.1 BUSINESS REQUIREMENTS 3.1.1 BACKGROUND The City is currently using aged Centrex and hybrid key/Centrex-based telephone service and equipment, and lacks many of the features and efficiencies that modern organizations utilize in order to operate effectively. Over time, many service units have installed their own small telephone systems and connected to the Centrex service in order to gain updated features. This has resulted in a disparate collection of telephone systems, over 1100 analog Centrex lines, and an inconsistent delivery of features and functionality. Compartmentalized oversight in service plans and account management has also added to overall system ineffectiveness. The City is taking the opportunity to address their communications infrastructure and service management operations in a comprehensive and coordinated fashion. In mid 2007, the City issued RFP #676 for an upgrade of the telephone system infrastructure to a modern Voice-over-IP platform. The recommended solution set, Suntel Services and Mitel Communications, was approved by City Council on February 19, 2008. This recommended IP platform will join the City’s sites together within a common telephony system, to deliver enhanced functionality to the internal users of the system, and provide enhanced and integrated services to all constituents accessing the system. The City network provides the majority of its sites with direct fiber connectivity back to core data centers at either City Hall or Wheeler Service Center. The VoIP system was designed to take full advantage of telephony capabilities of the City’s high-speed fiber optic data services infrastructure. Service connectivity into multiple fiber sites as specified is a requirement for this Proposal, as resilient call routing services are mandatory. In all cases, one or two Centrex/POTS lines will be left in place per site to serve as back-up service and alternate 9-1-1 access. Most remote sites will be equipped simply, with IP phones connected to network switches with no local call processors. To achieve consistency in 9-1-1 operations for all sites, a 9-1-1 locator service, database or PS-ALI service is required so that ALL sites will pass their proper number and address information to their proper Public Safety Answering Point. This Request for Proposal is to provide the modern, cost-effective, enterprise-wide telecommunications services and connectivity necessary for this new system and design. This is anticipated to provide an effective, manageable, stable and advanced services platform to meet the long-term telecommunications carrier services needs of the City. 3.1.2 OBJECTIVES 1) Replace the current Centrex lines and account plans with current, feature-rich communication services. 2) Re-engineering of all toll services and rate plans to consolidate and reduce monthly telecommunications expenditures. 3) A planned and managed migration of services that will minimize the impacts to the City’s existing operations with quick resolution to situations as they arise. 4) Installation of a resilient services infrastructure for continuous operation. 5) Ensure an account and billing platform that can be easily managed by the City, and will provide enhanced issue resolution. 3/3/2008 PUBLIC RELEASE Page 17
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 3.1.3 CRITICAL SUCCESS FACTORS 1) Coordinated activities between Suntel Services, at&t/SBC (the existing Centrex provider), and the selected carrier to ensure that services are transitioned effectively, and intercepts, cancellations and porting of any re-used numbers is worked properly. 2) Clean migration and uninterrupted access to City Services through the new carrier. 3) Excellent service and support, with easy account management. 4) 911-Locator information transitioned and verified. Acknowledge? 3.2 CURRENT TELEPHONE ENVIRONMENT At&t/SBC provides the City of Ann Arbor with approximately 1,100 Centrex telephone lines across approximately 45 City sites. At some City sites, older, small (key) telephone systems are used in conjunction with the Centrex. These “key systems” are used in conjunction with the Centrex lines to provide multi-button phone capability and enhanced features to the users they support. On these phones, five-digit Centrex dialing is used plus standard Centrex features. Voice mail is provided to Centrex users through the use of a City-owned Avaya (Octel) Aria 250 system that was installed in approximately 1992. It is connected into the Centex through the use of a dedicated SMDI circuit. Some sites and locations have added Centrex lines with updated at&t voicemail services. The Customer Service Center operation uses a Nortel Business Communications Manager (BCM 400) and is unique in that it is utilizing VoIP with IP telephones, at&t PRI service with Direct Inward Dial (DID) numbers, and is used to provide automatic call distribution with skills-based routing and ACD real-time and historical reports. The Nortel BCM and Call Center operations will be migrated onto the Mitel Call Center platform and required carrier services. Acknowledge? 3.3 SERVICE REQUIREMENTS 3.3.1 TRUNK CONNECTIVITY The Proposal shall be for flat rate ISDN-PRI or IP/SIP access lines to three diverse sites, with all local calls included in the cost of the trunk connectivity services. The access lines are to be located at the Ann Arbor City Hall building, the Wheeler Service Center Field Operations building, and the Water Treatment Plant Administration building. Though geographically separated, the five circuits and installation locations specified shall perform as one logical trunk group, and will include diversity in call routing. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 18
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 3.3.2 TELCO TASK SUMMARY Below are sample tasks of anticipated telco work. • Use PRI and Direct Inward Dial (DID) service with Caller ID (ANI) to replace Centrex service. • Provide a sequential block of 1000 DID numbers for a new dial plan. • Provide one logical trunk group with resiliency and diverse call routing. • Port City specified numbers to DID and PRI. • Provide full featured account and billing management capabilities. INSTALLTION SUMMARY City Hall  Add -2- ISDN PRI’s (members of logical trunk group, one D channel per PRI)  Order and provision block of 1000 DID numbers for City use.  Share block of 1000 DIDs and ported numbers serving the City. Wheeler Service  Add -2- ISDN PRI’s (members of logical trunk group, one D channel per PRI) Center  Share block of 1000 DIDs and ported numbers serving the City. Water Treatment  Add -1- ISDN PRI (member of logical trunk group, one D channel) Plant  Share block of 1000 DIDs and ported numbers serving the City. All Sites  Port specified published numbers (existing Centrex) to DID’s on the PRI’s.  Transition and verify 911-Locator information Acknowledge? 3.3.3 COORDINATION OF ORDERS The successful Respondent shall be responsible for coordinating the ordering of any required communication services with SunTel Services and City of Ann Arbor, and providing all necessary information and confirmations as part of the service migration. Acknowledge? 3.3.4 NEW NUMBER BLOCK AND PORTING A new sequential block of 1000 DID numbers will be provided to the City for current and future direct access assignments. Current planning anticipates that many existing main numbers will be kept and ported over to the PRI service as a DID number. All planning, programming and implementation activities for these components shall be included in the Base Proposal. Acknowledge? 3.3.5 LOGICAL TRUNK GROUP All PRIs shall be considered equal members of a logical trunk group for bi-directional call placement. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 19
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 3.3.6 LOCAL AND LONG DISTANCE SERVICES The City requires updated, economical and consolidated voice service plans to include all Local, Intra- LATA, Inter-LATA and required long distances services. Acknowledge? 3.3.7 DIAL PLAN AND PUBLIC DIRECTORIES The actual dial plan used for the new DID number block is to be determined by the City and SunTel Services, and implemented by the selected Respondent as specified. Respondent shall be responsible for posting specified numbers to third-party phone and information directories. Acknowledge? 3.3.8 AUTOMATIC NUMBER IDENTIFICATION (ANI) Automatic Number Identification (ANI) is required to be passed on all PRI circuits. Comply? 3.4 ADDITIONAL SERVICE COMPONENTS 3.4.1 E-9-1-1 LOCATOR Respondent shall provide E-9-1-1 locator services to include all City sites such that a call to 9-1-1 from any telephone will pass the telephone number and address of the caller to the appropriate Public Safety Answering Point. Approximately 50 sites or locations will be defined on the City’s network, and will share equally all PRI services located at City Hall, Wheeler Service Center and Water Treatment Plant. At a minimum, each telephone station will out-pulse a designated DID number for that site or location when dialing 9-1-1. This designated DID number will be cross-referenced against the proposed service database, providing the unique and proper phone number and address information to be passed as part of the 9-1-1 call and the PS-ALI lookup at the Public Safety Answering Point. The service is required to ensure that the PSAP receives the actual phone and address of the caller, rather than the phone and address information for the location of the shared trunks at City Hall, Wheeler Center and WTP. City Hall and all other connected sites are served from the City of Ann Arbor PSAP; Wheeler Service Center is served from the Pittsfield Township PSAP, and the Wastewater Treatment Plant (WWTP) the Washtenaw County PSAP. Comply? 3.4.2 WEB INTERFACE FOR ACCOUNT ADMINISTRATION The City requires web browser-based account administration capabilities for the management of telephone services, including administrative functions and reports. 3.4.3 BILLING MANAGEMENT SYSTEM The City requires the web browser-based account administration utility to have billing capabilities which allow the City to track and manage accounting and billing, and usage and service reports. The system shall allow the City to perform historical as well as real time reporting of billing information, and allow for the customization of reports. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 20
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 3.5 RESPONDENTS’ MANAGEMENT 3.5.1 CUTOVER REVIEWS The selected Respondent will be responsible for participating in cutover review processes with the City and SunTel Services in order to conclude all aspects of the final implementation plan. This will include confirming what types of services are to be activated, determining line or feature assignments, and preferred route selection. This cost must be included in the Base Proposal. 3.5.2 CHANGE ORDER CONTROL The selected Respondent shall submit all change orders to the City’s Contract Administrator for approval. 3.5.3 CUT-OVER Every effort must be made to eliminate or minimize any loss of service or any disruption of service during all cutover processes. Acknowledge? 3.6 SYSTEM TESTING 3.6.1 TRUNKS AND 9-1-1 LOCATOR SERVICE Testing of all trunks shall be performed before system cutover. All trunks shall be tested to ensure they have been delivered as ordered from the Central Office, that assigned numbers are correct, and that calls can be received and/or made as appropriate. 9-1-1 Locator Service shall be fully tested to verify proper call routing and identification. Comply? 3.6.2 FAILED ROUTE CALL PROCESSING Testing the resiliency of the PRI trunk group and associated call routing shall be performed cooperatively with SunTel Services before final acceptance of services. All individual PRI circuits shall be set to “busy- out” at each hub site by Suntel Services to simulate PRI failures, and ensure proper operation of carrier call routing and processing during these scenarios. The Respondent shall provide a primary support contact during these test periods to trace and resolve identified carrier issues. Acknowledge? 3.6.3 ADMINISTRATIVE INTERFACE FUNCTIONS Testing of all account administration functions shall be performed before final acceptance. Tests shall consist of verifying interface functionality and usability, and reviewing usage and billing information. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 21
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 3.7 TRAINING AND CUT-OVER SUPPORT Satisfactory training for account and billing administrators is to be included in the Base Proposal. Ultimately, the schedule, class size, and duration will need to be agreed upon between the Respondent and the City. The Respondent shall provide on-site training as part of the Base Proposal consisting of two classes to be conducted at the City’s designated site unless otherwise specified by the City. The Respondent shall provide: • One-half (1/2) day of billing management and report training at City Hall. • One-half (1/2) day of training for account administration and special functions (9-1-1 Locator, etc.). • The Respondent shall provide primary support contacts during the day of a cutover and during the first formal day of use by staff. Combine all training and cut-over support costs within your Proposal submission. Acknowledge? 3.8 CITY PROVIDED DOCUMENTATION The following information will be provided by the City to the selected Respondent after contract award. 3.8.1 TELEPHONE NUMBERS The Respondent shall be provided (using available information) with a listing of main published numbers to be ported to a new DID. The Respondent shall be responsible for verifying the accuracy of this information in conjunction with SunTel Services. 3.8.2 TELCO DEMARC The City will identify the location of the telecommunication demarc at each PRI hub facility. 3.9 OTHER TECHNOLOGIES This Proposal will not focus on Cellular Phone Services, Fax Services, Video Services, Web integration, or wireless connectivity. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 22
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 4.0 PROPOSAL QUESTIONNAIRE The Questionnaire will be presented in as much detail as possible to describe the important features of the proposed solution(s) in terms of meeting the requirements of system presented within the Proposal. This should include all components in the questions contained herein where a product, action or service is to be provided or performed by the Respondent. The Respondents should indicate their ability to meet the service requirements or features presented and include a description of how the services or actions offered can technically meet the requirement. This should explain in detail how technical, operational, or procedural features are utilized and optimized, including the implementation advantages of each. 4.1 BUSINESS OVERVIEW 4.1.1 COMPANY 1) Year founded, and what you consider to be your company’s greatest strength? Response? 2) Is Company wholly owned, or has a parent company? Response? A) Is the Company private or public? B) Is the Company Michigan based? 3) What are the U.S. and Michigan gross sales for the Company’s last fiscal year? Response? 4) Are you a reseller of network services? Response? A) If so, which vendor’s network are you reselling? 5) What is your customer base in S.E. Michigan? Response? A) Total Lines installed? B) How many PRI circuits deployed? C) How many customers in similar logical trunk group configurations? 3/3/2008 PUBLIC RELEASE Page 23
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 6) How many Central Office locations are located with a 50-mile radius of the City of Ann Arbor, and what are their locations? Response? A) Which location(s) and facility(s) will be responsible for providing the connectivity for this installation? 7) Within the facilities responsible for this installation, how many account team members and local service technicians are employed? Response? 8) Describe the implementation team and their roles in ensuring a successful cutover. Response? 9) Describe the resources that will be available during testing and cutover timeframes to address unforeseen problems. Response? 4.1.2 USER COMMUNITY 10) Does your company provide an “on-line” community for end-users to share experience and interact with company representatives? Response? 11) Does your company have a defined process for gathering customer feedback on requested solution features, enhancements or requirements for future versions of the solution? Response? 4.1.3 PRODUCTS AND SERVICES 12) What is the service or solution set that the Respondent is proposing? Response? A) What are the anticipated strengths and benefits of using this system? 13) Do the PRI services share a central office or use multiple CO’s? Response? 3/3/2008 PUBLIC RELEASE Page 24
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 14) Do you maintain your own switching facility or do you co-locate within another vendor’s facility? Response? 4.2 SERVICE, SUPPORT AND USAGE 4.2.1 SERVICE LEVEL GUARANTEES Respondents are to state the service levels that will be guaranteed to the City of Ann Arbor. 15) Identify service levels that will be guaranteed, and attach service level agreements. Response? 16) Identify the penalties/recourse available to the City of Ann Arbor if the guaranteed service levels are not met: Response? 17) Define an identify what constitutes a major service failure or “emergency”: Response? 18) What is the emergency outage response time? Response? A) Guaranteed maximum time to recover? 19) What is the normal service call response time? Response? A) Guaranteed maximum time to recover? 20) Provide network reliability figures for the Central Office(s) that will serve the City of Ann Arbor. Response? 21) Provide a description of the process, cycle and reporting method that will be implemented to deliver verification of these service levels to the City. Response? 3/3/2008 PUBLIC RELEASE Page 25
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 4.2.2 SERVICE AND SUPPORT 22) Who will the City of Ann Arbor contact if there are service questions; whether they are routine service issues or emergency service issues? Response? 23) How will the City of Ann Arbor be kept apprised of the status of problem resolution during service outages? Response? 24) Is On-Site Service available? Response? 25) Do you have a tiered rate structure for normal hours, after hours, and Sunday/Holiday service? Response? A) Is there a trip charge? B) If no trip charge, is travel time charged? 26) Explain your established trouble reporting procedures and responses. Response? 4.2.3 MINIMUM REVENUE AND USAGE COMMITMENT 27) Identify any revenue of usage commitments to which the City will be subject. Response? 28) If used, identify what billing or usage components will go towards satisfying the commitment level. Response? A) What, if any, components will NOT go towards satisfying the commitment level? 29) Identify whether the “true-up” on the commitment level occurs monthly, annually, or at the end of the contract period. 3/3/2008 PUBLIC RELEASE Page 26
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Response? 30) Identify whether the commitment level remains unchanged during the contract period or if it increases or decreases. Response? 31) Identify the penalty, if any, for falling short of the minimum commitment level. Response? 32) Identify what mechanisms are in place to allow the City to track and compare where they are in relation to their commitment levels. Response? 4.2.4 ELIGIBLE AND CONTRIBUTORY DISCOUNTS 33) If additional discounts are applied to the stated rates based on a discount formula, identify how that formula is to be calculated. Response? 34) Identify those components that are eligible to receive further discounts. Response? 35) Identify those components that are contributory (their revenue helps to reach a given discount level to be applied to eligible components) but themselves are not eligible for further discounts. Response? 4.3 SERVICES PLATFORM 4.3.1 SYSTEM ARCHITECTURE 36) Provide a brief description and discussion of your network architecture as it pertains to this project. Describe your philosophy on open connectivity and standards, and your ability to support other carriers’ services. Response? 3/3/2008 PUBLIC RELEASE Page 27
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 37) Describe any performance limitations of your network in south-central and south-east Michigan. Response? A) What is the City’s maximum call capacity for the connectivity proposed? B) How can this system be “scaled” effectively? 38) Are there other components or applications included within the call processing service(s)? Response? 39) How often does your organization update its service plans or offerings? Response? 40) Provide a list of Central Office switches to which the proposed trunking circuits will be connected. Response? A) Identify the manufacturer and model of the switching system used at each CO: B) Identify how long this system has been in operation and providing local service to customers: 4.3.2 SYSTEM SECURITY 41) Explain how you would assist in determining appropriate levels of web-login security, and establish initial function-level security settings. Response? 42) Explain the audit trails of account changes available within the system, and how these records are protected. Response? 43) Address any best practice and common procedure post-installation requirements of the City as related to security and information protection on the communication services. 3/3/2008 PUBLIC RELEASE Page 28
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Response? 4.3.3 REDUNDANCY, RELIABILITY AND SCALABILITY 44) Is your solution fully fault-tolerant within the call routing network, so that if a call path fails, the user experiences no interruption in service? Response? A) Are other services or applications required for system resiliency (CLAR, etc.)? B) Provide and overview of how resilient call routing occurs if multiple COs are being proposed. 4.3.4 MONITORING AND DIAGNOSTICS 45) Does your solution provide monitoring and diagnostics tools? Response? A) What remote diagnostic tools are available? B) Are these available thru the administrative interface? C) Do they provide automated notification services (i.e. email, etc.) for service failure events? D) Are there features that allow remote trouble-shooting of end-user call issues? 4.4 ACCOUNT ADMINISTRATION 46) What is the product name of the proposed account management web interface? Response? A) Are any additional equipment and/or software packages required to provide this capability? 47) Does the web interface provide advanced tools, such as graphical network maps and real-time performance statistics? Response? 48) Who can be granted access to update administrative and account information? Response? 49) Can administrators assign customized views and service settings for account managers? 3/3/2008 PUBLIC RELEASE Page 29
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Response? 4.4.1 REPORTING 50) Explain the reporting features that are included within the account administration interface. Response? A) Can these reports be customized easily by City of Ann Arbor personnel? 4.4.2 BILLING SYSTEM 51) State what format(s) bills are available (paper, electronic, web, etc.): Response? B) Are these formats available at no additional cost? C) What is the standard billing cycle? D) What are the reporting options? 52) Can a single consolidated billing be delivered for multiple account delineations? Response? A) Is there additional cost to provide a single bill? B) Can this billing be organized to provide subtotals by service area or unit for management and bill-back purposes? 53) Approximately how many days after the end of the billing cycle does it take a customer to receive their billing? Response? 54) What are your payment terms? Response? A) Are electronic payment options available? Please list: 55) Who will be the primary contact if the City has billing questions? 3/3/2008 PUBLIC RELEASE Page 30
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Response? 4.5 E-9-1-1 LOCATOR 56) What is the product or name and function(s) of your proposed solution? Response? A) Are there any additional equipment and/or software packages required to provide this capability? 57) How are location information records kept up to date? Response? A) Does the application provide a web account and administrative interface? B) Can spreadsheets be uploaded? C) Can location information be kept up to date automatically through integration with the Mitel “internal” 911 location database? 58) Explain how the service is billed. Response? A) Is this billing integrated with the account and billing management web interface? 59) What are the reliability figures for this service in southeast Michigan? Response? 60) Who can be granted access to update the 9-1-1 Locator information? Response? 4.6 DIRECTORY AND OPERATOR ASSISTANCE 61) Explain how Directory Assistance is provided and identify any organizations involved. Response? 3/3/2008 PUBLIC RELEASE Page 31
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 62) Are Operator Assistance services provided (Dial “0”, Collect Calls, etc.)? Response? 63) Explain how Operator services are provided and identify any organizations involved. Response? 4.7 TRANSPORTABILITY 64) Explain how “transportable” assigned numbers are, and explain any limitations in the movement of numbers within the phone network. Response? 3/3/2008 PUBLIC RELEASE Page 32
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 5.0 COST PROPOSAL This Cost Proposal section, and all associated Bill(s) of Materials, MUS T be submitted in a separate, sealed and labeled envelope(s). 5.1 PROPOSAL SUMMARY Provide your full Proposal amount for the complete service installation in the categories as indicated. If any miscellaneous costs need to be included, be sure to identify, explain and detail each cost. SERVICE PACKAGES TOTAL YEAR-1 INSTALLED INCLUDED COST PRI Trunking, DIDs and Local Access $ Intra-LATA and Statewide Service $ Inter-LATA and U.S. Service $ North American Service (Canada and Mexico) $ International Service $ Account Administration and Billing Interface $ E-9-1-1 Locator Service $ Directory Assistance $ Additional Costs* $ GRAND TOTAL OF PROPOSAL YEAR 1: $ * Additional Costs – Identify here:  Yearly Service Cost and Total for 3 Years YEAR 1 YEAR 2 YEAR 3 TOTAL PRI Trunking/DID/Local Access Statewide Service U.S. Service North American Service International Service Account Administration and Billing Interface E-9-1-1 Locator Service Directory Assistance Total $ $ $ $ CIRCUIT SUMMARY RESPONSE 5 ISDN-PRI circuits - Non-Recurring Fees $ - Monthly Access $ Is Caller ID with Name provided? If YES, what is the additional cost to provide Name? - Non-Recurring Fees $ - Monthly Access $ 3/3/2008 PUBLIC RELEASE Page 33
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Calculate 36 month Total Cost of Ownership (minus usage) for ISDN-PRI and DID service: 1) Non-Recurring fees for 5 PRI’s + 1000 DID numbers = $ 2) Total Monthly Cost for 5 PRI’s (access + fees) + 1000 DID $ numbers x 36 months = 3) Total Cost over 36 Months: (Line 1 + Line 2) $ 5.2 E-9-1-1 LOCATOR SERVICE The service will be based on 50 sites or locations, with unique phone number and address information. TO BE IDENTIFIED RESPONSE What is the non-recurring cost for this service? $ What is the monthly recurring cost for this service? $ 5.3 DIRECTORY ASSISTANCE A summary from current bills indicated approximately 14 directory assistance calls over the course of the month. TO BE IDENTIFIED RESPONSE Identify how calls to Directory Assistance are billed and the Local DA cost: $ associated cost: Intra-State DA cost: $ Inter-State DA cost: $ Identify any surcharges for completing a call through Directory Assistance: $ 5.4 DIRECT INWARD DIAL NUMBERS 1,000 DID numbers shall be provided over flat rate ISDN-PRI access lines. TO BE IDENTIFIED RESPONSE Will a single sequential block of numbers be provided? If NO, how many separate blocks will be necessary to reach the requested quantity of numbers? - Non-Recurring Fees - Monthly Access $ $ 5.5 PORTING An anticipated 200 existing Centrex numbers will be ported over to the PRIs as DID numbers. TO BE IDENTIFIED RESPONSE Identify any costs associated with porting numbers: - Non-Recurring Fees $ - Monthly Access $ 3/3/2008 PUBLIC RELEASE Page 34
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 5.6 USAGE CALCULATIONS The City receives in excess of 80 separate phone bills each month for Centrex services, which creates an environment where complete statistics cannot be obtained. The usage figures presented were taken from a random recent month, and are summarized across the top 14 at&t accounts that were accessible. The Respondent is required to use their expertise to review and analyze the size and scope of the services requested and anticipate expected usage and necessary service levels. 5.6.1 LOCAL USAGE The summary for the records review indicated approximately 44,000 local calls we made over the course of the month. This figure would include calls classified as “internal or site-to-site” calls, which is estimated roughly at half of current local calls. These “internal” calls are anticipated to run over the fiber backbone and data network within the new VoIP system. TO BE IDENTIFIED RESPONSE A. Identify the local calling range by providing a geographic coverage map B. Identify the method of charging for local calls (per call To be included as part of Flat Rate PRI cost or per minute): C. Identify whether time of day affects the rate and if so, elaborate and include any applicable rates: D. If “per call” rates apply: To be included as part of Flat Rate PRI cost • State if there is a monthly allotment that is not subject to charge and how the allotment is allocated: • Identify the rate for a local call: $ E. If “per minute” rates apply: To be included as part of Flat Rate PRI cost • Identify the increment in which local calls are billed: • What is the minimum billed increment for a local call: • Identify the rate for a local call: $ 5.6.2 INTRA-LATA TOLL USAGE The recent summary from current bills indicated approximately 24,000 intraLATA minutes were used over the course of a month. Identify the following in your quote (if more than one category of intra-LATA toll exists [e.g., Zone and Toll], complete the information below for each category): TO BE IDENTIFIED RESPONSE A. Identify the increment in which intra-LATA toll calls are billed: B. What is the minimum billed increment for an intra- LATA call? C. Identify the rate for intra-LATA toll: $ Do these rates apply outside of the Local Calling Area? D. Identify whether time of day affects the rate and if so, elaborate and include any associated rates: E. Identify the intra-LATA toll range: 3/3/2008 PUBLIC RELEASE Page 35
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 5.6.3 INTRA-STATE TOLL USAGE The recent summary from current bills indicated approximately 3,800 intra-state minutes were used over the course of a month. TO BE IDENTIFIED RESPONSE A. Identify the increment in which intra-state calls are billed: B. What is the minimum billed increment for an intra-state call? C. Identify the rate for intra-state: $ Do these rates apply outside of the state? D. Identify whether time of day affects the rate and if so, elaborate and include any associated rates: 5.6.4 INTER-STATE TOLL USAGE The recent summary from current bills indicated approximately 6,000 inter-state minutes were used over the course of a month. TO BE IDENTIFIED RESPONSE A. Identify the increment in which inter-state calls are billed: B. What is the minimum billed increment for an inter-state call? C. Identify the rate for inter-state: $ D. Identify whether time of day affects the rate and if so, elaborate and include any associated rates: 5.6.5 INTERNATIONAL AND NORTH AMERICA TOLL USAGE The recent summary showed approximately 175 international minutes were used (assume primarily to Canada) over the course of a month. TO BE IDENTIFIED RESPONSE A. Identify the increment in which international calls are billed: B. Identify the increment in which calls to Canada are billed: C. What is the minimum billed increment for an international call? What is the minimum billed increment for a call to Canada? D. Identify the rate for international: $ $ Identify the rate for Canadian: E. Identify whether time of day affects the rate and if so, elaborate and include any associated rates: 5.7 OTHER COSTS 3/3/2008 PUBLIC RELEASE Page 36
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. If any costs are associated with your proposed service (i.e. mandatory tariff charges) and have not been identified in prior sections, they must be detailed here. Explain any such charges and identify all non-recurring and monthly costs: NOTE: Failure to specifically identify any additional charges negates Respondent’s ability to pass on these fees to the City of Ann Arbor. Response? 5.8 BASE PROPOSAL DETAIL Include all standard quote sheets and detailed Bill(s) of Materials for your complete Base Proposal here. Include listings for PRI Connectivity, Toll, Professional Services and any other costs associated with the full implementation of the Base Proposal. Acknowledge? 3/3/2008 PUBLIC RELEASE Page 37
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 6.0 ATTACHMENTS ATTACHMENT A – PROPOSAL SUBMITTAL FORM REQUEST FOR PROPOSAL # 699 PROPOSAL SUBMITTAL FORM AND SIGNATURE PAGE RESPONSE. Are these items included in your Proposals? Respond Yes, No, or NA – Explain No or NA in Respondent Comments. (Use separate sheet if necessary.) _____ Any exception to the terms and conditions and specifications have been noted and it is understood that such exceptions may result in Proposal being deemed non-conforming. _____ All requested documents have been included (i.e., D.B.A., Project Summary, etc.) _____ Reference list in Section 2.10 has been completed. _____ Required proof of insurance and other bonds will be provided, if my firm receives the award. _____ The undersigned, RESPONDENT, having examined the Proposal terms and conditions and specifications, hereby proposes and agrees to perform, the services required within the time stipulated, all work required to be performed, and to provide labor, materials, tools, expendable equipment and insurance necessary to complete, in a professional manner, all of the work required for the City to make use of its services in strict conformity with the specifications and addenda. Please complete the following table if subcontractors will be used: Will a subcontractor(s) be used? If yes, how many? If Yes, name of subcontractor(s) Have you worked with this subcontractor(s) within the last 12 months? Responsibilities for subcontractor(s) include: Signature below certifies that I have carefully reviewed the City’s terms, conditions, and specifications on this Request for Proposal and have clearly indicated in writing any exceptions/qualifications/limitations my company is making to these terms, conditions, and specifications, and am authorized to offer such services with the full understanding that any such exceptions/qualifications/limitations so stated may render my Proposal non-responsive under City standards. Further, the undersigned declares that this Proposal is made in good faith, without fraud or collusion with any person or persons. The undersigned acknowledges that it has not received or relied upon any representations or warrants of any nature whatsoever from the City of Ann Arbor, its agents or employees, and that this Proposal is based solely upon the undersigned own independent business judgment. 3/3/2008 PUBLIC RELEASE Page 38
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. Therefore, I/we, the undersigned, hereby agree to provide the services and materials as specified if an award is made to my firm without any additional charges, terms, and/or conditions. COMPANY NAME*: ___________________________________________________________________________ STREET/P.O. BOX: ____________________________________________________________________________ CITY, STATE, AND ZIP CODE: _________________________________________________________________ DATE: __________________ TELEPHONE: ____________________ FAX: ____________________ AUTHORIZED SIGNATURE: ____________________________________________________ PRINTED NAME OF SIGNER: ___________________________________________________ TITLE OF SIGNER: _____________________________________________________________ *NOTE: If the RESPONDENT is a corporation, the legal name of the corporation shall be set forth above together with the signature of authorized officer or agents. If RESPONDENT is a partnership, the true name of the firm shall be set forth with the signature of the partners authorized to sign contracts on behalf of the partnership. If RESPONDENT is an individual, their signature shall be placed above. Additional Respondent Comments: 3/3/2008 PUBLIC RELEASE Page 39
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. ATTACHMENT B – SPECIMEN CONTRACT The following attachment is a specimen contract agreement for the services identified in this Request for Proposal. The Selected Respondent will be required to execute a contract containing the terms and conditions of the specimen contract except where noted in specimen. No changes, modifications, alteration or deletions to the terms and conditions of the specimen contract will be accepted. Comply? AGREEMENT BETWEEN AND THE CITY OF ANN ARBOR FOR PROFESSIONAL SERVICES The City of Ann Arbor, a Michigan municipal corporation, having its offices at 100 North Fifth Avenue, Ann Arbor, Michigan 48104 ("City"), and a(n) (State where organized) (Partnership, Sole Proprietorship, or Corporation) with its address at ("Consultant"), agree as follows: The Consultant agrees to provide professional services to the City under the following terms and conditions: I. DEFINITIONS Administering Service Area/Unit means ________________________________. Contract Administrator means , acting personally or through any assistants authorized by the Administrator/Manager of the Administering Service Area/Unit. Project means _____________________________________________________. Project name; RFP No. II. DURATION This Agreement shall become effective on ______________, 20____, and shall remain in effect until satisfactory completion of the Services unless terminated as provided for in this Agreement. III. SERVICES A. The Consultant agrees to provide professional (type of service) services ("Services") in connection with the Project as described in Exhibit A. The City retains the right to make changes to the quantities of service within the general scope of the Agreement at any time by a written order. If the changes add to or deduct from the extent of the services, the contract sum shall be adjusted accordingly. All such changes shall be executed under the conditions of the original Agreement. B. Quality of Services under this Agreement shall be of the level of professional quality performed by experts regularly rendering this type of service. Determination of acceptable quality shall be made solely by the Contract Administrator. C. The Consultant shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. 3/3/2008 PUBLIC RELEASE Page 40
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. D. The Consultant may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. IV. COMPENSATION OF CONSULTANT A. The Consultant shall be paid in the manner set forth in Exhibit B. Payment shall be made quarterly, unless another payment term is specified in Exhibit B, following receipt of invoices submitted by the Consultant, and approved by the Contract Administrator. B. The Consultant will be compensated for Services performed in addition to the Services described in Section III, only when those additional Services have received prior written approval of the Contract Administrator. Compensation will be on the basis of reasonable time spent and reasonable quantities of materials used, according to the schedule of rates in Exhibit B. The Contract Administrator shall be the sole arbitrator of what shall be considered “reasonable” under this provision. C. The Consultant shall keep complete records of time spent and materials used on the Project so that the City may verify invoices submitted by the Consultant. Such records shall be made available to the City upon request and submitted in summary form with each invoice. V. INSURANCE/INDEMNIFICATION A. The Consultant shall procure and maintain during the life of this contract, such insurance policies, including those set forth below, as will protect itself and the City from all claims for bodily injuries, death or property damage which may arise under this contract; whether the acts were made by the Consultant or by any subcontractor or anyone employed by them directly or indirectly. The following insurance policies are required: 1. Professional Liability Insurance protecting the Consultant and its employees in an amount not less than $1,000,000. 2. Worker's Compensation Insurance in accordance with all applicable state and federal statutes. Further, Employers Liability Coverage shall be obtained in the following minimum amounts: Bodily Injury by Accident - $500,000 each accident Bodily Injury by Disease - $500,000 each employee Bodily Injury by Disease - $500,000 each policy limit 3. Commercial General Liability Insurance equivalent to, as a minimum, Insurance Services Office form CG 00 01 07 98. The City of Ann Arbor shall be an additional insured. There shall be no added exclusions or limiting endorsements including, but not limited to: Products and Completed Operations, Explosion, Collapse and Underground Coverage or Pollution. Further, the following minimum limits of liability are required: $1,000,000 Each occurrence as respect Bodily Injury Liability or Property Damage Liability, or both combined $2,000,000 Per Job General Aggregate $1,000,000 Personal and Advertising Injury 4. Motor Vehicle Liability Insurance, including Michigan No-Fault Coverages, equivalent to, as a minimum, Insurance Services Office form CA 00 01 07 97. The City of Ann Arbor shall be an additional insured. There shall be no added exclusions or limiting endorsements. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. Further, the limits of liability shall be $1,000,000 for each occurrence as respects Bodily Injury Liability or Property Damage Liability, or both combined. 3/3/2008 PUBLIC RELEASE Page 41
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 5. Umbrella/Excess Liability Insurance shall be provided to apply in excess of the Commercial General Liability, Employers Liability and the Motor Vehicle coverage enumerated above, for each occurrence and for aggregate in the amount of $1,000,000. B. Insurance required under V.A.3 and V.A.4 of this contract shall be considered primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. Further, the Contractor agrees to waive any right of recovery by its insurer against the City. C. In the case of all contracts involving on-site work, the Consultant shall provide to the City, before the commencement of any work under this contract, documentation demonstrating it has obtained the above mentioned policies. Documentation must provide and demonstrate an unconditional 30 day written notice of cancellation in favor of the City of Ann Arbor. Further, the documentation must explicitly state the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) any deductibles or self-insured retentions which shall be approved by the City, in its sole discretion; (c) that the policy conforms to the requirements specified. An original certificate of insurance may be provided as an initial indication of the required insurance, provided that no later than 21 calendar days after commencement of any work the Consultant supplies a copy of the endorsements required on the policies. Upon request, the Consultant shall provide within 30 days a copy of the policy(ies) to the City. If any of the above coverages expire by their terms during the term of this contract, the Consultant shall deliver proof of renewal and/or new policies to the Administering Service Area/Unit at least ten days prior to the expiration date. D. Any insurance provider of Consultant shall be admitted and authorized to do business in the State of Michigan and shall carry and maintain a minimum rating assigned by A.M. Best & Company’s Key Rating Guide of “A-“ Overall and a minimum Financial Size Category of “V”. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable unless approved in writing by the City. E. To the fullest extent permitted by law, for any loss not covered by insurance under this contract, the Consultant shall indemnify, defend and hold the City, its officers, employees and agents harmless from all suits, claims, judgments and expenses including attorney's fees resulting or alleged to result, to its proportionate extent, from any negligent, grossly negligent, reckless and/or intentional wrongful or tortious acts or omissions by the Consultant or its employees and agents occurring in the performance of this Agreement. VI. COMPLIANCE REQUIREMENTS A. Nondiscrimination. The Consultant agrees to comply with the nondiscrimination provisions of Chapter 112 of the Ann Arbor City Code and to assure that applicants are employed and that employees are treated during employment in a manner, which provides equal employment opportunity, and tends to eliminate any inequality based upon race, national origin or sex. The Consultant agrees to comply with the provisions of Section 9:161 of Chapter 112 of the Ann Arbor City Code, Exhibit C. B. Living Wage. The Consultant is a “covered employer” as defined in Chapter 23 of the Ann Arbor City Code and agrees to comply with the living wage provisions of Chapter 23 of the Ann Arbor City Code. The Consultant agrees to pay those employees providing Services to the City under this Agreement a “living wage,” as defined in Section 1:815 of the Ann Arbor City Code, as adjusted in accordance with Section 1:815(3) and specified in Exhibit D; to post a notice approved by the City of the applicability of Chapter 23 in every location in which regular or contract employees providing services under this Agreement are working; to maintain records of compliance; if requested by the City, to provide documentation to verify compliance; to take no action that would reduce the compensation, wages, fringe benefits, or leave available to any employee or person contracted for employment in order to pay the living wage required by Section 1:815; and otherwise to comply with the requirements of Chapter 23. A copy of selected provisions of Chapter 23 of the Ann Arbor City Code is attached as Exhibit D. 3/3/2008 PUBLIC RELEASE Page 42
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. VII. WARRANTIES BY THE CONSULTANT A. The Consultant warrants that the quality of its Services under this Agreement shall conform to the level of professional quality performed by experts regularly rendering this type of service. B. The Consultant warrants that it has all the skills, experience, and professional licenses necessary to perform the Services specified in this Agreement. C. The Consultant warrants that it has available, or will engage, at its own expense, sufficient trained employees to provide the Services specified in this Agreement. D. The Consultant warrants that it is not, and shall not become overdue or in default to the City for any contract, debt, or any other obligation to the City including real and personal property taxes. VIII. TERMINATION OF AGREEMENT A. If either party is in breach of this Agreement for a period of fifteen (15) days following receipt of notice from the non-breaching party with respect to a breach, the non-breaching party may pursue any remedies available to it against the breaching party under applicable law, including but not limited to, the right to terminate this Agreement without further notice. B. The City may terminate this Agreement if it decides not to proceed with the Project by notice pursuant to Article XII. If the Project is terminated for reasons other than the breach of the Agreement by the Consultant, the Consultant shall be compensated for reasonable time spent and reasonable quantities of materials used prior to notification of termination. C. Consultant acknowledges that, if this Agreement extends for several fiscal years, continuation of this Agreement is subject to appropriation of funds for this Project. If funds to enable the City to effect continued payment under this Agreement are not appropriated or otherwise made available, the City shall have the right to terminate this Agreement without penalty at the end of the last period for which funds have been appropriated or otherwise made available by giving written notice of termination to the Consultant. The Contract Administrator shall give the Consultant written notice of such non- appropriation within thirty (30) days after it receives notice of such non-appropriation. D. The remedies provided in this Agreement will be cumulative, and the assertion by a party of any right or remedy will not preclude the assertion by such party of any other rights or the seeking of any other remedies. IX. OBLIGATIONS OF THE CITY A. The City agrees to give the Consultant access to the Project area and other City-owned properties as required to perform the necessary Services under this Agreement. B. The City shall notify the Consultant of any defects in the Services of which the Contract Administrator has actual notice. X. ASSIGNMENT A. The Consultant shall not subcontract or assign any portion of any right or obligation under this Agreement without prior written consent from the City. Notwithstanding any consent by the City to any assignment, Consultant shall at all times remain bound to all warranties, certifications, indemnifications, promises and performances, however described, as are required of it under the Agreement unless specifically released from the requirement, in writing, by the City. 3/3/2008 PUBLIC RELEASE Page 43
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. B. The Consultant shall retain the right to pledge payment(s) due and payable under this Agreement to third parties. XI. NOTICE All notices and submissions required under this Agreement shall be by personal delivery or by first-class mail, postage prepaid, to the address stated in this Agreement or such other address as either party may designate by prior written notice to the other. Notice shall be considered delivered under this Agreement when personally delivered to the Contract Administrator or placed in the U.S. mail, postage prepaid to the Administering Service Area/Unit, care of the Contract Administrator. XII. CHOICE OF LAW This Agreement will be governed and controlled in all respects by the laws of the State of Michigan, including interpretation, enforceability, validity and construction. The parties submit to the jurisdiction and venue of the Circuit Court for Washtenaw County, State of Michigan, or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan, Southern Division, with respect to any action arising, directly or indirectly, out of this Agreement or the performance or breach of this Agreement. The parties stipulate that the venues referenced in this Agreement are convenient and waive any claim of non-convenience. XIII. OWNERSHIP OF DOCUMENTS Upon completion or termination of this Agreement, all documents (i.e., deliverables) prepared by or obtained by the Consultant as provided under the terms of this Agreement shall be delivered to and become the property of the City. Original basic survey notes, sketches, charts, drawings, partially completed drawings, computations, quantities and other data shall remain in the possession of the Consultant as instruments of service unless specifically incorporated in a deliverable, but shall be made available, upon request, to the City without restriction or limitation on their use. The City acknowledges that the documents are prepared only for the Project. Prior to completion of the contracted Services the City shall have a recognized proprietary interest in the work product of the Consultant. Unless otherwise stated in this Agreement, any intellectual property owned by Consultant prior to the effective date of this Agreement (i.e., preexisting information) shall remain the exclusive property of Consultant even if such Preexisting Information is embedded or otherwise incorporated in materials or products first produced as a result of this Agreement or used to develop Deliverables. The City’s right under this provision shall not apply to any Preexisting Information or any component thereof regardless of form or media. XIV. CONFLICT OF INTEREST Consultant certifies it has no financial interest in the Services to be provided under this Agreement other than the compensation specified herein. Consultant further certifies that it presently has no personal or financial interest, and shall not acquire any such interest, direct or indirect, which would conflict in any manner with its performance of the Services under this Agreement. XV. SEVERABILITY OF PROVISIONS Whenever possible, each provision of this Agreement will be interpreted in a manner as to be effective and valid under applicable law. However, if any provision of this Agreement or the application of any provision to any party or circumstance will be prohibited by or invalid under applicable law, that provision will be ineffective to the extent of the prohibition or invalidity without invalidating the remainder of the provisions of this Agreement or the application of the provision to other parties and circumstances. 3/3/2008 PUBLIC RELEASE Page 44
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. XVI. EXTENT OF AGREEMENT This Agreement, together with any affixed exhibits, schedules or other documentation, constitutes the entire understanding between the City and the Consultant with respect to the subject matter of the Agreement and it supersedes, unless otherwise incorporated by reference herein, all prior representations, negotiations, agreements or understandings whether written or oral. Neither party has relied on any prior representations, of any kind or nature, in entering into this Agreement. This Agreement may be altered, amended or modified only by written amendment signed by the Consultant and the City. FOR CONSULTANT FOR THE CITY OF ANN ARBOR By By [Type Name] Roger W. Fraser, City Administrator Its Approved as to substance Tom Crawford, CFO / Service Area Administrator Approved as to form and content Stephen K. Postema, City Attorney 3/3/2008 PUBLIC RELEASE Page 45
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. EXHIBIT A – PROPOSAL SUBMITTALS AND ALL ADDENDA EXHIBIT B – FEE SCHEDULE 3/3/2008 PUBLIC RELEASE Page 46
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. ATTACHMENT C FAIR EMPLOYMENT PRACTICE The consultant, its agents or sub-contractors, shall comply with all requirements of Chapter 112 of Title IX of the Code of the City of Ann Arbor and in particular the following excerpts therefrom: 9:161 NONDISCRIMINATION BY CITY CONTRACTORS (1) All contractors proposing to do business with the City of Ann Arbor shall satisfy the nondiscrimination administrative policy adopted by the City Administrator in accordance with the guidelines of this section. All contractors shall receive approval from the Director prior to entering into a contract with the City, unless specifically exempted by administrative policy. All City contractors shall take affirmative action to insure that applicants are employed and that employees are treated during employment in a manner which provides equal employment opportunity and tends to eliminate inequality based upon race, national origin or sex. (2) Each prospective contractor shall submit to the City data showing current total employment by occupational category, sex and minority group. If, after verifying this data, the Director concludes that it indicates total minority and female employment commensurate with their availability within the contractor's labor recruitment area, i.e., the area from which the contractor can reasonably be expected to recruit, said contractor shall be accepted by the Director as having fulfilled affirmative action requirements for a period of one year at which time the Director shall conduct another review. Other contractors shall develop an affirmative action program in conjunction with the Director. Said program shall include specific goals and timetables for the hiring and promotion of minorities and females. Said goals shall reflect the availability of minorities and females within the contractor's labor recruitment area. In the case of construction contractors, the Director shall use for employment verification the labor recruitment area of the Ann Arbor-Ypsilanti standard metropolitan statistical area. Construction contractors determined to be in compliance shall be accepted by the Director as having fulfilled affirmative action requirements for a period of six (6) months at which time the Director shall conduct another review. (3) In hiring for construction projects, contractors shall make good faith efforts to employ local persons, so as to enhance the local economy. (4) All contracts shall include provisions through which the contractor agrees, in addition to any other applicable Federal or State labor laws: (a) To set goals, in conference with the Human Resources Director, for each job category or division of the work force used in the completion of the City work; (b) To provide periodic reports concerning the progress the contractor has made in meeting the affirmative action goals it has agreed to; (c) To permit the Director access to all books, records and accounts pertaining to its employment practices for the purpose of determining compliance with the affirmative action requirements. (5) The Director shall monitor the compliance of each contractor with the nondiscrimination provisions of each contract. The Director shall develop procedures and regulations consistent with the administrative policy adopted by the City Administrator for notice and enforcement of non- compliance. Such procedures and regulations shall include a provision for the posting of contractors not in compliance. (6) All City contracts shall provide further that breach of the obligation not to discriminate shall be a material breach of the contract for which the City shall be entitled, at its option, to do any or all of the following: 3/3/2008 PUBLIC RELEASE Page 47
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. (a) To cancel, terminate, or suspend the contract in whole or part and/or refuse to make any required periodic payments under the contract; (b) Declare the contractor ineligible for the award of any future contracts with the City for a specified length of time; (c) To recover liquidated damages of a specified sum, said sum to be that percentage of the labor expenditure for the time period involved which would have accrued to minority group members had the affirmative action not been breached; (d) Impose for each day of non-compliance, liquidated damages of a specified sum, based upon the following schedule: Assessed Damages Per Day of Contract Amount Non-Compliance $ 10,000 - 24,999 $25.00 25,000 - 99,999 50.00 100,000 - 199,999 100.00 200,000 - 499,999 150.00 500,000 - 1,499,999 200.00 1,500,000 - 2,999,999 250.00 3,000,000 - 4,999,999 300.00 5,000,000 - and above 500.00 (e) In addition the contractor shall be liable for any costs or expenses incurred by the City of Ann Arbor in obtaining from other sources the work and services to be rendered or performed or the goods or properties to be furnished or delivered to the City under this contract. 3/3/2008 PUBLIC RELEASE Page 48
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. ATTACHMENT D LIVING WAGE REQUIREMENTS If a "covered employer," Contractor will comply with all the requirements of Chapter 23 of the Ann Arbor City Code (Sections 1:811 B 1:821), in particular but not limited to the following sections thereof: 1:813. Definitions. For purposes of this Chapter, the following definitions shall apply: (1) "Contractor/vendor" is a person or entity that has a contract with the City primarily for the furnishing of services where the total amount of the contract or contracts with the City exceeds $10,000 for any 12month period. "Contractor/vendor" does not include a person or entity that has a contract with the City primarily for the purchase of goods or property, or for the lease of goods or property to or from the City. (2) "Covered Employee" means a person employed by a covered employer to perform services which are covered or funded by the contract with or grant from the City; provided, however, that persons who are employed pursuant to federal, state or local laws relating to prevailing wages shall be exempt from this Chapter. (3) "Covered Employer" means a contractor/vendor or grantee that has not been granted an exemption from this Chapter pursuant to Section 1:817. (4) "Employee" means an individual who provides personal services performed for wages under any contract calling for the performance of personal services, whether written or oral, express or implied. The term "employee" does not include any individual who volunteers to perform services for an employer if (a) The individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and (b) Such services are not the same type of services which the individual is employed to perform for such employer. (5) "Employee Health Benefits" or "Health Benefits" means providing health care benefits for employees (or employees and their dependents) at employer cost or making an employer contribution toward the purchase of such health care benefits for employees (or employees and their dependents), provided that the employer cost or contribution equals no less than $1 an hour for the average work week of such employee, and provided further that any employee payment or contribution toward health care shall not exceed 50 cents an hour for the average work week for such employee. (6) "Grant" means any form of financial assistance to a "Grantee" as set forth and defined in Section 1:813(7). "Grant" does not include financial assistance used for the purchase or lease of property or other nonpersonnel costs. (7) "Grantee" is a person or entity that is a recipient of any financial assistance from the City in the form of any federal, state or local grant program administered by the City, revenue bond financing, tax increment financing, tax abatement, tax credit, direct grant, or any other form of financial assistance that exceeds $10,000 for any 12month period, including any contractors, subcontractors, or leaseholders of the grantee whose contract, subcontract or lease with the grantee exceeds $10,000 for any 12month period. (8) "Living Wage" means a wage equal to the levels established in Section 1:815. 3/3/2008 PUBLIC RELEASE Page 49
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. (9) "Person" means any individual, co-partnership, corporation, association, club, joint adventure, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit. (10) "$10,000 for any 12 month period" is computed by taking the total amount of the contract, grant or loan and dividing it by the number of months the contract, grant or loan covers. 1:814. Applicability. (1) This Chapter shall apply to any person that is a contractor/vendor or grantee as defined in Section 1:813 that employs or contracts with five (5) or more individuals; provided, however, that this Chapter shall not apply to a nonprofit contractor/vendor or nonprofit grantee unless it employs or contracts with ten (10) or more individuals. (2) This Chapter shall apply to any grant, contract, or subcontract or other form of financial assistance awarded to or entered into with a contractor/vendor or grantee after the effective date of this Chapter and to the extension or renewal after the effective date of this Chapter of any grant, contract, or subcontract or other form of financial assistance with a contractor/vendor or grantee. 1:815. Living Wages Required. (1) Every contractor/vendor or grantee, as defined in Section 1:813, shall pay its covered employees a living wage as established in this Section. (a) For a covered employer that provides employee health care to its employees, the living wage shall be $8.70 an hour, or the adjusted amount hereafter established under Section 1:815(3). (b) For a covered employer that does not provide health care to its employees, the living wage shall be $10.20 a hour, or the adjusted amount hereafter established under Section 1:815(3). (2) In order to qualify to pay the living wage rate for covered employers providing employee health care under subsection 1:815(1)(a), a covered employer shall furnish proof of said health care coverage and payment therefor to the City Administrator or his/her designee. (3) The amount of the living wage established in this Section shall be adjusted upward no later than April 30, 2002, and every year thereafter by a percentage equal to the percentage increase, if any, in the federal poverty guidelines as published by the United States Department of Health and Human Services for the years 2001 and 2002. Subsequent annual adjustments shall be based upon the percentage increase, if any, in the United States Department of Health and Human Services poverty guidelines when comparing the prior calendar year's poverty guidelines to the present calendar year's guidelines. The applicable percentage amount will be converted to an amount in cents by multiplying the existing wage under Section 1.815(1)(b) by said percentage, rounding upward to the next cent, and adding this amount of cents to the existing living wage levels established under Sections 1:815(1)(a) and 1:815(1)(b). Prior to April 1 of each calendar year, the City will notify any covered employer of this adjustment by posting a written notice in a prominent place in City Hall, and, in the case of a covered employer that has provided an address of record to the City, by a written letter to each such covered employer. 1:816. Employees Covered. A covered employer shall pay each of its employees performing work on any covered contract or grant with the City no less than a living wage as defined in Section 1:815. 3/3/2008 PUBLIC RELEASE Page 50
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 1:817. Exemptions. Notwithstanding any other provisions in this Chapter, the following exemptions shall apply: (1) Sweat equity contracts for home construction or rehabilitation grant will not subject the grantee to coverage under this Chapter. Housing construction or rehabilitation grants or contracts that are passed through to a contractor in their entirety are exempt from the provisions of this Chapter, even when the City participates in the selection of the contractor. (2) For any contract or grant, the City Council may grant a partial or complete exemption from the requirements of this Chapter if it determines one of the following: (a) To avoid any application of this Chapter that would violate federal, state or local law(s); or (b) The application of this Chapter would cause demonstrated economic harm to an otherwise covered employer that is a nonprofit organization, and the City Council finds that said harm outweighs the benefits of this Chapter; provided further that the otherwise covered nonprofit employer shall provide a written plan to fully comply with this Chapter within a reasonable period of time, not to exceed three years, and the City Council then agrees that granting a partial or complete exemption is necessary to ameliorate the harm and permit the nonprofit organization sufficient time to reach full compliance with this Chapter. (3) A loan shall be considered a grant under this ordinance only to the extent that a loan is provided at below market interest rates and then only the difference between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan, shall be treated as financial assistance under this ordinance. (4) A payment of funds for the purpose of purchasing services, property, or goods on behalf of individuals being assisted by a covered employer or potentially covered employer (sometimes known as a "pass through" grant) that is used for said purchases shall not be considered a grant; such funds shall be considered a grant only to the extent that any such funds are retained by the covered employer or potentially covered employer to provide financial assistance and support to its own operations. 1:818. Monitoring and Enforcement. (1) Every covered employer shall agree to the payment of a living wage as a condition of entering into or renewing a covered contract or grant with the City, shall agree to post a notice regarding the applicability of this Chapter in every work place or other location in which employees or other persons contracted for employment are working, and shall agree to provide payroll records or other documentation as deemed necessary within ten (10) business days from the receipt of the City's request. All City contracts and grants covered by this Chapter shall provide that a violation of the living wage requirements of this Chapter shall be a material breach of the contract or grant. The Human Rights Office of the City shall monitor the compliance of each contractor/vendor or grantee under procedures developed by the Human Rights Office and approved by the City Administrator. (2) Each covered employer shall submit to the Human Rights Office of the City information regarding number of employees and applicable wage rates of its employees covered by this Chapter in such manner as requested by that office. At the request of the Human Rights Office, any contractor/vendor or grantee shall provide satisfactory proof of compliance with the living wage provisions of this Chapter. (3) Any person may submit a complaint or report of a violation of this Chapter to the Human Rights Office. Upon receipt of such a complaint or report, the Human Rights Office shall investigate to determine if there has been a violation. 3/3/2008 PUBLIC RELEASE Page 51
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 1:819. Penalties and Enforcement. (1) A violation of any provision of this Chapter is a civil infraction punishable by a fine of not more than $500.00 plus all costs of the action. The Court may issue and enforce any judgment, writ, or order necessary to enforce this Chapter, including payment to the affected employee or employees of the difference between wages actually paid and the living wage that should have been paid, interest, and other relief deemed appropriate. (2) Each day upon which a violation occurs shall constitute a separate violation. (3) In addition to enforcement under Subsections (1) and (2), the City shall have the right to modify, terminate, and/or seek specific performance of any contract or grant with an affected covered employer or to cancel, terminate or suspend the contract in whole or in part and/or to refuse any further payments under the contract or grant; (4) Nothing contained in this Chapter shall be construed to limit in any way the remedies, legal or equitable, which are available to the City or any other person for the correction of violations of this Chapter ***** 1:821. Other Provisions. (1) No affected covered employer shall reduce the compensation, wages, fringe benefits, or leave available to any covered employee or person contracted for employment in order to pay the living wage required by this Chapter. ***** (3) No employee covered by a federal, state or local law requiring the payment of prevailing wages shall be covered by this Chapter. (4) This Chapter shall not be construed to apply to any person or entity that is a tax exempt religious, educational or charitable organization under state or federal law, but is not a contractor/vendor or grantee as defined in Section 1:813. (5) This Chapter shall not be applicable to the establishment and/or continuation of the following if developed specifically for high school and/or college students: (a) A bona fide training program; (b) A summer or youth employment program; (c) A work study, volunteer/public service, or internship program. ***** 3/3/2008 PUBLIC RELEASE Page 52
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. ATTACHMENT E – LIVING WAGE POSTER YOUR RIGHTS UNDER THE ANN ARBOR LIVING WAGE ORDINANCE → NEW RATE EFFECTIVE APRIL 30, 2007← $10.33 per hour $11.96 per hour if the employer provides health if the employer does NOT care benefits* provide health care benefits* Employers providing services to or for the City of Ann Arbor or recipients of grants or financial assistance from the City of Ann Arbor for a value of more than $10,000 in a twelve-month period of time must pay those employees performing work on a City of Ann Arbor contract or grant, the above living wage. ENFORCEMENT The City of Ann Arbor may recover back wages either administratively or through court action for the employees that have been underpaid in violation of the law. Persons denied payment of the living wage have the right to bring a civil action for damages in addition to any action taken by the City. Violation of this Ordinance is punishable by fines of not more than $500/violation plus costs, with each day being considered a separate violation. Additionally, the City of Ann Arbor has the right to modify, terminate, cancel or suspend a contract in the event of a violation of the Ordinance. For Additional Information or to File a Complaint Contact: Dee Lumpkin, Procurement Assistant 734/994-2719 or dlumpkin@a2gov.org * Health Care benefits include those paid for by the employer or making an employer contribution toward the purchase of health care. The employee contribution must not exceed $.50 an hour for an average work week; and the employer cost or contribution must equal no less than $1/hr for the average work week. The law requires employers to display this poster where employees can readily see it. 3/3/2008 PUBLIC RELEASE Page 53
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. 4/06 3/3/2008 PUBLIC RELEASE Page 54
    • City of Ann Arbor Telecommunications Carrier Services Request for Proposal # 699 DUE: Thursday, March 20, 2008, 2:00 P.M. ATTACHMENT F – CONTRACT COMPLIANCE FORMS City of Ann Arbor LIVING WAGE ORDINANCE DECLARATION OF COMPLIANCE The Ann Arbor Living Wage Ordinance (Section 1:811-1:821 of Chapter 23 of Title I of the Code) requires that employers providing services to the City or recipients of grants for financial assistance (in amounts greater than $10,000 in a twelve-month period of time) pay their employees who are working on the City project or grant, a minimum level of compensation known as the Living Wage. This wage must be paid to the employees for the length of the contract/project. Companies employing fewer than 5 persons and non-profits employing fewer than 10 persons are exempt from the Ordinance. If this exemption applies to your firm, please check below: ______ This company is exempt due to the fact that we employ or contract with fewer than 5 individuals. ______ This non-profit agency is exempt due to the fact that we employ or contract with fewer than 10 employees. The Ordinance requires that all contractors/vendors and/or grantees agree to the following terms: a) To pay each of its employees performing work on any covered contract or grant with the City, no less than the living wage, which is defined as $10.33/hour when health care is provided, or no less than $11.96/hour for those employers that do not provide health care. It is understood that the Living Wage will be adjusted upward each year on April 30, and covered employers will be required to pay the adjusted amount thereafter. The rates stated above include the adjustment for the 2007/08 period. b) Please check the boxes below which apply to your workforce: Employees who are assigned to any covered City project or grant will be paid at or above the applicable living wage without health benefits Yes______ No_____ OR Employees who are assigned to any covered City project or grant will be paid at or above the applicable living wage with health benefits Yes_____ No_____ c) To post a notice approved by the City regarding the Living Wage Ordinance in every work place or other location in which employees or other persons contracting for employment are working. d) To provide the City payroll records or other documentation as requested; and, e) To permit access to work sites to City representatives for the purposes of monitoring compliance, investigating complaints or non-compliance. The undersigned authorized representative hereby obligates the contractor/vendor or grantee to the above stated conditions under penalty of perjury and violation of the Ordinance. Company Name Address City State Zip Signature of Authorized Representative Phone (area code) Type or Print Name and Title Email address Date signed 3/3/2008 PUBLIC RELEASE Page 55
    • CITY OF ANN ARBOR HUMAN RIGHTS OFFICE - CONTRACT COMPLIANCE FORM Form 1: Entire Organization (Totals for All Locations where applicable) Name of Company/Organization______________________________________________________________________________ Date Form Completed_____________________________________ Name and Title of Person Completing this Form_______________________________________________ Name of President __________________________________________________________ Address_________________________________________________________________________________ County_____________________ Phone #__________________________________ (Street address) (City) (State) (Zip) (Area Code) Fax#_____________________________________________ Email Address__________________________________________________________________________________________________ (Area Code) EMPLOYMENT DATA Number of Employees (Report employees in only one category) Job Categories Male Female White Black or Asian Hispanic Native American Indian White Black or Asian Hispanic or Native Hawaiian American Indian African or Latino Hawaiian or or Alaska Native African Latino or Other Pacific or Alaskan TOTAL American Other Pacific American Islander Native COLUMNS Islander A-M A B C D F G H I J K L M Exec/Sr. Level Officials Supervisors Professionals Technicians Sales Admin. Support Craftspeople Operatives Service Workers Laborers/Helper Apprentices Other TOTAL PREVIOUS YEAR TOTAL 9/03 Questions about this form? Call (734) 994-2803 3/3/2008 PUBLIC RELEASE Page 56
    • CITY OF ANN ARBOR PROCUREMENT OFFICE - HUMAN RIGHTS CONTRACT COMPLIANCE FORM Form 2: Local Office (Only those employees that will do local or on-site work, if applicable) Name of Company/Organization______________________________________________________________________________ Date Form Completed_____________________________________ Name and Title of Person Completing this Form_________________________________________________________________ Fax#_____________________________________________ Email Address__________________________________________________________________________________________________ (Area Code) EMPLOYMENT DATA Number of Employees (Report employees in only one category) Job Categories Male Female White Black or Asian Hispanic Native American Indian White Black or Asian Hispanic or Native American Indian African or Latino Hawaiian or or Alaska Native African Latino Hawaiian or or Alaskan TOTAL American Other Pacific American Other Pacific Native COLUMNS Islander Islander A-M A B C D F G H I J K L M Exec/Sr.Level Officials Supervisors Professionals Technicians Sales Admin. Support Craftspeople Operatives Service Workers Laborers/Helper Apprentices Other TOTAL PREVIOUS YEAR TOTAL 6/06 Questions about this form? Call Procurement Office: (734) 994-2719 3/3/2008 PUBLIC RELEASE Page 57