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T-1466 VIDEO TELECONFERENCING
STATE OF NEW JERSEY
DEPARTMENT OF TREASURY
DIVISION OF PURCHASE AND PROPERTY
PURCHASE BUREAU INDEX #: T-1466
NOTIFICATION OF AWARD - TERM CONTRACT(S)
CONTRACT TITLE: VIDEO TELECONFERENCING CONTRACT # VARIOUS
CONTRACT PERIOD: APPLICABLE TO:
FROM: 05/01/02 TO: 04/30/10 ALL STATE AGENCIES
POLITICAL SUBDIVISIONS*
VENDOR NAME & ADDRESS: FOR PURCHASE BUREAU USE
SEE ATTACHED VENDOR INFORMATION SHEET(S) Solicitation #: 32469
Bid Open Date : 11/01/01
CID # : 1020153
Commodity Code: 725-83
Set-Aside : NONE
CONDITIONS AND METHODS OF OPERATION
Multi-Source Contracts: State Agencies and Cooperative Purchasing partners
should review each vendor's product/service and prices carefully and
place orders in accordance with the terms and conditions of the contract.
Note that
A. Delivery: All prices F.O.B. Destination
B. Method of Operation - State Agencies Only: Issue an agency purchase order
to the appropriate contract vendor(s).
*IMPORTANT: POLITICAL SUBDIVISION & OTHER COOPERATIVE PURCHASING PARTICIPANTS
In accordance with N.J.S.A. 40A:11-11(5), N.J.S.A. 52:25-16.1 et seq. and
N.J.A.C. 5:34-1.7, all Cooperative Purchasing Program participants are
responsible for ensuring that the Purchase Order issued reflects the correct
contract item pricing and that payment is processed accordingly. Note that
only these items/services specified in the applicable State contract(s) may
be purchased from the contract vendor(s) of record. Cooperative Purchasing
participants assume full responsibility for all purchase transactions issued
through State contracts, including Purchase Orders, delivery compliance, and
payments.
Questions, problems or complaints related to Cooperative Purchasing contact:
Cooperative Purchasing Coordinator
PO Box 230
Trenton N.J. 08625
(609) 984-7047
In the event of an emergency, contact the following in the order listed:
1.JAMES E STRYPE - BUYER 3. ROBERT BEAUREGARD - BUYER UNIT SUP
609-341-2977
E-MAIL: JAMES.STRYPE@TREAS.STATE.NJ.US
2.PAT LOCANE - BUYER SUPERVISOR 4. OFFICE OF THE BUREAU SUPERVISOR
609-633-6098 609-292-4751
PB177 (rev. 6/91) PUB. DATE: 10/30/09
INDEX NO: T1466
PAGE NO: 2
NOTICE OF AWARD
FOR
VIDEO TELECONFERENCING EQUIPMENT
This Notice of Award details all of the product lines for
Teleconferencing Equipment, Maintenance and Training under contract
with the State of New Jersey.
All of the vendors' bids are on file at the Purchase Bureau (33 West
State Street, Trenton) and OIT (200 Riverview, Trenton).
Addenda - There will be additions, deletions and changes to vendor and
product information during the term of this contract. The Purchase
Bureau will be issuing addenda with this information.
Note: Please file the addenda with your Notice of Award. The addenda
are just as important as the Notice of Award.
Warranty - All the hardware and software products under this contract
carry a one-year warranty. The warranty covers parts, service,
transportation and any/all associated cost for on-site warranty work.
METHOD OF OPERATION
Awards were made to Vendors as follows
1. Configuration I - Distant Education/Large Group Video
Teleconferencing
2. Configuration II - Set Top/Small Group Video Teleconferencing
3. Brand Line Awards: First Virtual, Parkervision, Picturetel,
Polycom, Sony, Tandberg, Vtel
Configuration (I and II) Awards are to be utilized when installing a
new system at a location that does not presently have a
teleconferencing system.
Brand Line Awards are to be used for additions and maintenance to
existing installations.
Primary, Secondary and Tertiary awards were made for Configuration I.
Primary and Secondary awards were made for Configuration II. During
the term of the Contract, Using Agencies are to utilize the Primary
Contractor. If the Primary Contractor is unable to perform the work
required, the Using Agency shall then utilize the Secondary
Contractor. If the Secondary Contractor is unable to perform the work
required, the Using Agency shall then utilize the Tertiary Contractor.
When utilizing the Secondary and Tertiary Contractor, Using Agencies
musts document their file as to the reason why the Primary Contractor
was not utilized.
After awards are made the State Agencies and participants in the
Cooperative Purchasing Program will be able to obtain quotes from the
awarded vendors.
Awarded vendors will be required to provide contract users with:
1. A written quote showing each item being quoted, the MSLP, the
percent discount and the State's price.
2. A photocopy of the page from the vendor's original bid
proposal detailing the item or system. If an item has been
added to the contract after the original bid submission, the
vendor must provide contract users with a photocopy of:
A. The Letter of Authorization from the Purchase Bureau
verifying approval of the addition.
B. The vendor's letter requesting the addition and any
attachments specifying the item or items to be added.
STATE AGENCIES
1. To obligate funds use a contract release order.
2. Agencies may not order any Video Teleconferencing Equipment on
this contract directly without the Office Of information
Technology (OIT) approval. Orders in excess of $25,000.00
must be supported by a justification. The order must be sent
to:
Office of Information Technology
200 Riverview
P O Box 216
Trenton, NJ 08625
3. OIT reserves the right to approve or disapprove the equipment
that is requested by the State Agency, or to change the make,
model and manufacturer of the equipment or the system
configuration.
LOCAL GOVERNMENT - CO-OPERATIVE PURCHASING
The same method of operation is recommended to be followed by
Co-operative Purchasing users, except submission of documentation
and justification are to be sent to their various authorizing
administrators.
Quotes from Contractors must be in strict accordance with the
contract. Prices may be verified by the Purchase Bureau or OIT.
Discounts from manufacturer's product lines and labor rates are
included in the Notice of Award.
All orders are to be sent to the vendor directly, indicating State
contract number. Invoices are to be sent to the local body. The
State assumes no obligation for payment of bills.
CONTRACT AWARDS ARE AS FOLLOWS:
Configuration One: Primary Vendor: Telemeasurements Inc.
Secondary Vendor: Modern Mass Media Inc.
Tertiary Vendor: Verizon Network Integ. Corp.
Configuration Two: Primary Vendor: Telemeasurements Inc.
Secondary Vendor: Verizon Network Integ. Corp.
Brand Line Vendor
First Virtual Verizon
Parkervision Modern Mass Media
Picturetel Verizon
Polycom Verizon
Sony Telemeasurement
Tandberg Telemeasurement
Vtel Verizon
1.0 General Requirements
1.1 Purpose
This Notice of Award (NOA) is for the purchase, installation,
maintenance and training support for Video Teleconferencing
Equipment.
This NOA provides for new installations and additions to existing
installations. Using Agencies must utilize the contractor's
awarded Configuration I and II when installing a new system at a
location that does not presently have a teleconferencing system.
Primary, Secondary and Tertiary awards were made for
Configuration I and Primary and Secondary awards were made for
Configuration II. Using Agencies must first contact the primary
contractor. Only if the primary contractor is unable to perform
is the Using Agencies permitted to contract with the secondary
vendor. The brand line awards are to be used for additions and
maintenance to existing installation.
The labor portion of this NOA is restricted to the installation
of equipment purchased under contracts in this NOA.i.e. new
installations (Configuration I and II) or additions to an
existing installation (Brand Line Awards).
Any form documents, i.e. Purchase Agreements, Maintenance
Agreements etc. submitted by vendors to Using Agencies are not to
be accepted. See Supplement to this NOA for Purchase and
Maintenance Agreements.
1.2 The Video Teleconferencing Equipment contract provides for the
following applications:
1. Distant Education/Large Group Video Teleconferencing
2. Set Top/Small Group Video Teleconferencing
3. Judicial Arraignment
1.3 COMPLIANCE WITH PUBLIC WORKS CONTRACTOR REGISTRATION ACT
Contractors must be in compliance with the Public Works
Contractor Registration Act. Under the Act, no
contractor/subcontractor will be permitted to engage in a
contract for public work unless that contractor/subcontractor is
registered with the New Jersey Department of Labor. The Act
provides that upon registration with the Department of Labor, a
public works contractor/subcontractor will be issued a
certificate by the Department indicating compliance with the
Act's requirements. There is a registration fee of $300 per
year.
Labor rates must be in accordance with the Prevailing Wage Act.
The Prevailing Wage Rates by county may be obtained at the
following web site:
http://www.state.nj.us/labor/wps/wh/division/contract/prevail/wag
erate.htm
1.4 PRICE
1.4.1 All prices in price lists are net, include all
transportation charges to all NJ Using Agencies and are
firm and not subject to increase during the period of the
contract. Escalation clauses are not accepted.
1.4.2 All discounts from price list are firm for the period of
the contract.
1.4.3 In the event of manufacturer's price decrease during the
contract period, the State shall receive the full benefit
of such price reduction on any undelivered purchase order
and on any subsequent order placed during the contract
period. The Director of the Division of Purchase and
Property must be notified in writing of any reduction
within five (5) days of the effective date.
1.5 CONTRACT PERIOD
Contracts are for a one year period commencing with the date of
formal award with a permitted one year contract extension at the
option of the State with the consent of the contractor.
Contract extensions shall be at the option of the State with the
concurrence of the contractor. The State shall notify the
contractor of its intent to extend ninety days prior to
expiration date of the initial contract period or, if applicable,
the expiration date of the initial one-year extension.
1.6 CONTRACT TRANSITIONAL PERIOD
In the event that a contractor(s) is not selected prior to the
contract expiration date as may be extended, or the date of
termination of the contract by the State of New Jersey, it shall
be incumbent upon the contractor(s) to continue the service under
the same terms and conditions until new contracts can be
completely operational.
At no time shall this service extend more than ninety (90) days
beyond the original expiration date of the existing contract as
may be extended.
1.7 QUANTITIES
The State will not be bound to any minimum or maximum quantity.
The contract shall be for the quantities actually ordered during
the contract period.
1.8 PROCEDURAL REQUIREMENTS AND AMENDMENTS
1.8.1 Contractor(s) shall comply with procedural instructions
that may be issued from time to time by the Director of
the Division of Purchase and Property.
1.8.2 During the period of contract, no change is permitted in
any of its conditions and specifications, unless the
Contractor receives written approval from the Director of
the Division of Purchase and Property.
1.8.3 The State reserves the right to bid individual
requirements separate from any contracts under this
award when deemed in its best interest.
1.8.4 Contractor must be an OEM or a direct authorized dealer
of the manufacturer of the products which it proposes to
furnish. The State reserves the right to request the
Contractor's status at any time. Failure to provide the
required certification may result in contract
cancellation. Certifications may be requested for major
components only, not miscellaneous hardware.
1.8.5 All personnel must observe all regulations in effect at
the Using Agency. While on State property employees
shall be subject to control of the State, but under no
circumstance shall such persons be deemed employees of
the State. The Contractor's personnel shall not
represent themselves as employees of the State.
The Director of Purchase and Property may request the
contractor to transfer employees from the work crew with
respect to whom reasonable suspicion exists that they are
incompetent, prone to excessive tardiness, absenteeism or
theft.
1.8.6 The Contractor shall assume all responsibility for its
actions and the actions of anyone working for the
contractor while engaged in any activity connected with
this contract.
1.9 CATEGORIES
The equipment and services to be acquired relate to:
A. Distance Learning
B. Video Teleconferencing
C. Judicial Arraignment
1.10 SUBSTITUTIONS/REPLACEMENTS/ADDITIONS
A. If a new product within the scope of this NOA is introduced
during the contract term, or a current product is
discontinued, updated or replaced by a new product, and the
contractor wishes to offer that product under the contract,
the product must be better or equal to the equipment under
contract and a request for substitution or addition must be
made in writing to the Division of Purchase and Property,
with the following stipulations:
1. The Request must be submitted, in writing, to Toni Lello
at the Purchase Bureau, 33 West State Street, P O Box
230, Trenton, NJ 08625-0230. An original and two exact
copies must be submitted.
2. The equipment will be considered for addition to the
contract at the introduction price less the discount bid.
3. The request must be for equipment from the same
manufacturer lines originally awarded.
4. All requests must be approved in writing by the Division
of Purchase and Property before being offered to any
agencies.
B. If a manufacturer is adding or removing dealers from their
authorized list, the manufacture must submit the request in
writing as detailed above.
1.11 New Technology
If a new product, having the same functional purpose and a
demonstrated nexus to the product under the contract, is
developed and comes in to standard production after the contract
award, that product will be considered for addition and/or
replacement to the product under contract. The Contractor must
make a written request to the Purchase Bureau for the new product
to be added to the contract. Such written request must include
the specifications for the new product, evidencing that the new
product serves the same functional purpose and has a close nexus
to the product under contract.
All proposed additions or replacement are subject to review and
written acceptance by the Director, Division of Purchase and
Property. The sale of the new product, accepted in writing by
the Director, shall be governed by the terms of the contract,
including price. The aggregate price performance of any new
product must be equal or less than the existing contracted
product.
1.12 ISSUE RESOLUTION
All issues, disputes, complaints, payments, time and material
calls will be mediated by members of the contractor's staff, the
Using Agency and the Purchase Bureau. Formal complaints will be
handled by the Division's Contract Compliance and Administration
Unit, pursuant to NJAC 17:12-4.
1.13 FUNDING
The State's obligation thereunder is contingent upon the
availability of appropriated funds from which payment for
contract purposes can be made. No legal liability on the part of
the State for payment of any money shall arise unless and until
funds are made available by the Legislature.
1.14 No Additional Costs
All prices and hourly rates bid are all-inclusive. Additional
charges for indirect costs, fees, licenses, registrations,
commissions, travel, subsistence, report preparation,
administrative tasks, administrative and clerical support,
overhead, etc., are not to be billed and, if billed will not be
paid.
1.15 Lease/Purchase
There will be no lease purchase options under this contract.
1.16 Contract Activity Report
In conjunction with the standard record keeping requirements of
this contract, as listed in paragraph 3.19 of te RFP'S Standard
Terms and Conditions, contractor(s) must provide, on a calendar
quarter basis, to the Purchase Bureau buyer assigned, a record of
all purchases made under their contract award resulting for this
Request for Proposal. This includes purchases made by all using
agencies including the State and political sub-divisions thereof.
This reporting requirement includes sales to State using agencies
and, if permitted under the terms of the contract, sales to
counties, municipalities, school districts, volunteer fire
departments, first aid squads and rescue squads, and independent
institutions of higher education. The requirement also includes
sales to State and County Colleges and Quasi-State Agencies.
Quasi-State Agencies include any agency, commission, board,
authority or other such governmental entity which is established
and is allocated to a State department or any bi-state
governmental entity of which the State of New Jersey is an
member.
This information must be provided in a tabular format such that
an analysis can be made to determine the following:
-Contractor's total sales volume under contract, subtotaled by
product.
-Contractor's total sales volume to each purchaser under the
contract, subtotaled by product, including, if applicable,
catalog number and description, price list with appropriate page
reference and/or contract discount applied
Submission of purchase orders, confirmations, and/or invoices do
not fulfill this contract requirement for information.
Contractors are strongly encouraged to submit the required
information in electronic spreadsheet format. The Purchase
Bureau uses Microsoft Excel.
Failure to report this mandated information will be a factor in
future award decisions.
2.0 DEFINITIONS
1. Addenda - Are written or graphic instruments issued by the
Purchase Bureau which modify or interpret the RFP by
additions, deletions, clarifications, or corrections.
2. Bidder - A person, partnership, firm, corporation or joint
venture submitting a bid proposal in response to the RFP for
the purpose of obtaining a State contract.
3. Contract - This RFP, any addendum to this RFP, and the
bidder's proposal submitted in response to this RFP, as
accepted by the State
4. Contractor - The Contractor is the bidder who has been
awarded the Contract or purchase order resulting from the
State's RFP to provide the goods or services specified in the
RFP. The bidder becomes the Contractor after the date of
final contract award.
5. Director - Director, Division of Purchase and Property,
Department of the Treasury. By statutory authority, the
contracting officer for the State of New Jersey.
6. Division - The Division of Purchase and Property.
7. Formal Date of Award - Effective date of contract.
8. Market Basket - is an identified list of optional
configuration items and network access items which are
included in the RFP.
9. May - Denotes that which is permissible, but not mandatory.
10. Refurbished - A term used in the secondary telecom equipment
business. Refurbishing means the equipment has been cleaned,
polished, resurfaced and whatever else it takes to return the
equipment to a "like-new" appearance. Refurbishing usually
means it has been completely tested and is ready for
installation.
11. Remanufactured - Equipment, parts and/or systems that have
been repaired and upgraded to the latest higher revision
level. The remanufacturing process makes the equipment (used
or new) into a finished product that is the latest release
and ready for resale. Remanufactured is a term for the
highest level of refurbished equipment.
12. Request for Proposal (RFP) - This document which establishes
the bidding and contract requirements and solicits proposals
to meet the purchase needs of the State as identified herein.
13. Shall or Must - Denotes that which is a mandatory
requirement. Failure to meet a mandatory requirement will
result in the rejection of a bid proposal, as materially
non-responsive.
14. Should - Denotes that which is recommended, but not
mandatory.
15. State - State of New Jersey
16. Update - A maintenance fix to enhance functionality and
overcome glitches in current version of software. It is not
a major release or version change.
17. Upgrade - It is a new release of software which may impact
functionality and cost.
18. Using Agency or Agency - The entity for which the Division
has issued this RFP and will enter into a contract.
3.0 REQUIREMENTS
3.1 DELIVERY
3.1.1 All deliveries are FOB destination. If installation is
required, deliveries shall be spotted, installed and made
operational and shall include:
A. Uncrating, setting into place and installation.
B. Final operating check by Contractor's factory trained
representative.
C. Instruction of user's personnel.
3.1.2 Contractor shall be responsible for the delivery of
material in first-class condition at the point of delivery
and in accordance with good commercial practice.
3.1.3 Contractor shall notify the agency at least forty-eight
(48) hours in advance of shipment so that necessary
arrangements can be made.
3.1.4 If deliveries can not be affected within the stated time
after receipt of order, ordering agency shall be advised
immediately to permit purchase from another source, in the
case of Configurations I and II, from the secondary
vendor. There will be no back ordering, except upon
specific approval of ordering agency.
3.1.5 Brands delivered must be strictly in accordance with those
offered in the Contractor's bid.
3.1.6 Contractor must be able to service and deliver to all
sections of the State. This service shall include:
product information, sales, installation, technical
support, training, maintenance and warranty support.
3.2 WARRANTY AND RESPONSE TIME
3.2.1 Warranty
All equipment and software must operate in accordance with
the manufacturer's standard specifications and
documentations with a warranty for a minimum period of one
year to begin after acceptance. Acceptance is when the
equipment is installed either by the Using Agency or the
Contractor and the equipment is in good working order and
made operational in accordance with standard
specifications and the equipment is accepted by the Using
Agency, or if applicable, after the In-Service training.
All repairs and replacement under the warranty is to be
at no charge for parts, service and labor to the State of
New Jersey.
Warranty for software includes any updates and upgrades
thereto during the warranty period.
If warranty repairs cannot be corrected on site, and the
component requiring the repair is crucial to the system,
the Contractor must supply a replacement or loaner which
is functionally equivalent at no charge in order to
maintain the system while warranty repairs are being
completed.
Contractors providing distant leaning configurations must
be willing to work with current and future vendors who
provide video teleconferencing networks to ensure
compatibility. Contractors must remove system if system
is found not to be compatible.
3.2.2 Replacement Parts
Only new parts and materials are permissible where
replacement of parts and materials is required in
accordance with the manufacturer's guidelines to effect
the necessary repairs where such replacement parts are
unavailable. The Contractor may propose substitute brands
provided such brands are equal or better than the ones
contained in the manufacturer's manual. The burden of
establishing interchangeability, suitability and quality
of alternate or substitute replacement parts or materials
lies with the Contractor; and he shall furnish at its own
expense all applicable technical literature or
documentation and information necessary or related thereto
as required by the Using Agency. The Using Agency will
review such information as may be provided by the
Contractor with respect to the comparative quality and
suitability of alternate or substitute equipment, articles
or materials and the Using Agency's decision shall be
final.
The State will allow remanufactured parts provided the
remanufactured part has a "like new warranty" and for some
reason a "new" part is not readily available, i.e. parts
no longer in production.
3.2.3 Trouble Report
Contractor shall maintain a toll-free telephone number for
"trouble reporting" and technical support between the
hours of 8:00 a.m. to 8:00 p.m. Eastern Standard Time,
Monday thru Friday. Remote diagnostic testing capability
of the equipment by the vendor's personnel is required.
3.2.4 Response Time
Mean Time to Response
Response to a reported trouble on problems is thirty
minutes unless the Using Agency assigns a high severity.
A response is considered to be the actual physical process
of resolving the problem not just forwarding the report.
A verbal response to the using Agency will be hourly.
Mean Time to Repair
Total outage time on any reported trouble shall be no
longer than twenty-four hours. Total duration time may be
less than twenty-four hours if the reported trouble is
deemed a higher severity level by the Using Agency.
Service must be restored within the time assigned. The
following is the required duration by severity level.
- Severity Level 1 - Outage cleared within 24 hours.
- Severity Level 2 - Outage cleared within 8 hours.
- Severity Level 3 - Outage cleared within 4 hours.
- Severity Level 4 - Outage cleared within 2 hours.
If failure materially effects the operation of the system
or equipment, the Contractor will be required to provide
loaner equipment of equal operation to maintain the System
until the affected equipment is repaired or replaced.
3.3 PACKING AND SHIPPING
Packaging for shipment shall be such as to protect the product
adequately to insure safe shipment.
Shipping cases shall be marked to show the name of the suppliers,
name and address of receiving agency and State purchase order
number.
3.4 SHOP REPAIR MANUALS
Contractor shall supply a complete shop repair manual in hard
copy (and in electronic format, if available) parts manual,
service manual and operator's manual at time of delivery on items
requiring them. In addition, operational instructions are to be
provided if so requested by the Using Agency.
3.5 CURRENT PRODUCTION ITEMS
The Contractor shall provide only new current production items.
No used or discontinued items are acceptable.
The Contractor is cautioned that surplus, seconds, factory
rejects, close-out or distressed items are not acceptable, and if
furnished, will be rejected. Repetitive deliveries of
substandard items will result in the Using Agency's being
authorized by the Director of Purchase and Property to obtain
needed items on the open market and to charge the difference in
price to the Contractor.
3.6 ITEMS ORDERED AND DELIVERED
Using Agencies are authorized to order and vendors authorized to
ship only those items covered by this contract. If a review of
orders placed by any Using Agency reveals that material other
than that covered by the contract has been ordered and delivered,
the Director of the Division of Purchase and Property will take
such steps as necessary to have the material returned by the
Using Agency regardless of the time lapsed between the date of
delivery and discovery of the violation. Full credit will be
demanded. Violation of this clause may result in the removal of
the offending contractor's name from the bid mailing list for a
period of up to three (3) years.
3.7 STANDARDS AND CODES
This section is in addition to the Standard Terms and Conditions,
Paragraph 3.13, Performance Guarantee of Bidder.
All equipment and installation thereof shall conform to all
current applicable Federal, State and Local laws and regulations,
and PEOSHA codes, be FCC registered and meet the electrical code
standards established by National Electrical Code (NEC),
Underwriters Laboratories (UL) and American Disability Act.
Where accessories are to be supplied, they must be compatible
with the rest of the equipment.
Video teleconferencing products must conform to:
A. International Telecommunications Union (ITU) family of video
teleconferencing, audiographics and audio standards which
include:
H.320 (px64) ISDN)
H.321 ATM
H.323 IP/Ethernet
H.324 POTS
H.310 ATM-MPEG-2
T.120 Graphics
G.711 Audio-Narrowband
G.728 Audio-Narrowband
G.722 Audio Wideband
B. NTSC-FCC registered.
C. NEMA National Electrical code.
D. UL/CSA standards.
E. MPEG (Motion Picture Experts Group) most recent version.
Wiring must conform to and be installed in accordance with:
EIA/TIA-569-Electronic Industries Association/Telecommunications
Industry Association Commercial Building for Telecommunication
Pathways and Spaces
Installations must be compliant with:
NJAC 5:23
NJAC 6:22
NJSA 18A:18
BOCA National Building Code
All appropriate State of New Jersey Building Codes and all
local building and variance requirements.
Equipment must be accompanied with applicable technical
literature and documentation.
3.8 CONTRACTOR RESPONSIBILITIES
The selected bidder will be considered the Contractor and, as
such, will be the sole point of contact with regard to
contractual matters. The contractor will be required to assume
sole responsibility for the delivery, installation and
maintenance of all equipment and services offered in its proposal
whether or not it is the OEM. Payment will be made only to the
contractor.
The Contractor shall comply with all laws, ordinances and
regulations (Federal, State, City and otherwise) covering work
thereunder.
The Contractor is responsible for assuring subcontractor
compliance with all terms and conditions of this RFP. The
Contractor will assume sole responsibility for any payments due
the subcontractor(s) under the contract.
3.9 SUBCONTRACTING
This section is in addition to Section 3.11 of the Purchase
Bureau Standard Terms and Conditions.
Subcontracting is allowable for purposes of this contract.
3.10 DEMONSTRATIONS
Video teleconferencing equipment being offered must be capable of
being demonstrated. Prototypes will not be acceptable. All
equipment proposed must be operational and available to all Using
Agencies. Such demonstrations, if so requested, will be held at
the convenience of the Using Agency, in an operational site
within an approximate 100 mile radius of Trenton, NJ.
3.11 TRAINING
The Contractor will provide training and manuals for all
equipment and system operation immediately following system
installation. Upon request, the Contractor will provide a
training outline to the Using Agency. It is expected that an
individual other than the site installation technician will
perform the training. The site installation technician may
provide an overview/introduction/orientation to the newly
installed equipment.
Training for Configuration I, Configuration II and video
teleconferencing equipment purchased through the brand lines
which is equivalent to Configuration II is expected to be a least
one half day, four hours. Training may either be on site or via
video teleconferences at the discretion of the Using Agency. The
Contractor will provide all training materials. Training should
be included in the price of the configurations and in the
purchase price of the equipment from the brand lines.
3.12 SITE CONSULTING
Unique classroom requirements may require vendor site
consultation beyond that required for a standard design of
Configurations I and II components requiring additional
Contractor resources. Contractors may be engaged to consult on
room construction and environmental requirements such as
lighting, electrical and auditory.
Contractors shall provide a written proposal to the Using Agency
specifying all consulting charges in advance of the purchase of
the Configuration I or II video teleconferencing equipment.
4.0 MAINTENANCE FOLLOWING WARRANTY PERIOD AND RESPONSE TIMES
4.1 Maintenance Following Warranty Period
The Contractor may provide for either an all inclusive
maintenance price for one year and/or maintenance based on
time and material for maintenance support for equipment and
software after the one year warranty has expired.
Maintenance for software includes any updates thereto during
the maintenance term.
Exhibit A is for an annual all inclusive maintenance
contract. Information provided in response to Exhibit A
include: labor, installation, preventative maintenance,
installation of software upgrades (on the applicable
equipment) and other materials required to repair or replace
the equipment which has become inoperable through normal
wear and usage.
Exhibit B is for maintenance based on time and
material/hourly prices. Contractors completing Exhibit B
included a list of material with the hourly rates.
Attachment B also includes a copy of the Agreement for
Equipment and Software Maintenance. All Contractors must
adhere to this agreement. Contractors are not permitted to
submit their own maintenance agreement to the Using
Agencies. Any submission of alternate terms and conditions
may result in rejection of the bid.
4.2 Replacement Parts
Only new parts and materials are permissible where
replacement of parts and materials is required in accordance
with the manufacturer's guidelines to effect the necessary
maintenance and/or repairs where such replacement parts are
unavailable. The Contractor may propose substitute brands
provided such brands are equal or better than the ones
contained in the manufacturer's maintenance manual. The
burden of establishing interchangeability, suitability and
quality of alternate or substitute replacement parts or
materials lies with the Contractor; and he shall furnish at
its own expense all applicable technical literature or
documentation and information necessary or related thereto
as required by the Using Agency. The Using Agency will
review such information as may be provided by the Contractor
with respect to the comparative quality and suitability of
alternate or substitute equipment, articles or materials and
the Using Agency's decision shall be final.
The State will allow remanufactured parts provided the
remanufactured part has a "like new warranty," and for some
reason a "new" part is not readily available, i.e. parts no
longer in current production.
4.3 Trouble Report
Contractor shall maintain a toll-free telephone number for
"trouble reporting" and technical support between the hours
of 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday thru
Friday. Remote diagnostic testing capability of the
equipment by the vendor's personnel is required.
Contractor shall provide a list of escalation telephone
contact numbers for supervisory personnel of the vendor's
trouble reporting center.
4.4 Response Time
Mean Time to Response
Response to a reported trouble on problems is thirty minutes
unless the Using Agency assigns a high severity. A response
is considered to be the actual physical process of resolving
the problem not just forwarding the report. A verbal
response to the using Agency will be hourly.
Mean Time to Repair
Total outage time on any reported trouble shall be no longer
than twenty-four hours. Total duration time may be less
than twenty-four hours if the reported trouble is deemed a
higher severity level by the Using Agency. Service must be
restored within the time assigned. The following is the
required duration by severity level.
- Severity Level 1 - Outage cleared within 24 hours.
- Severity Level 2 - Outage cleared within 8 hours.
- Severity Level 3 - Outage cleared within 4 hours.
- Severity Level 4 - Outage cleared within 2 hours.
If failure materially effects the operation of the system or
equipment, the Contractor will be required to provide loaner
equipment of equal operation to maintain the System until
the affected equipment is repaired or replaced.
SUPPLEMENT
TO
STANDARD TO TERMS AND CONDITIONS
The following paragraph supersedes the Standard Terms and Conditions
as listed in the request for Proposal 01-X-32489.
Standard Terms and Conditions
Paragraph 2 Liabilities, delete sections 2.1 and 2.2 and replace
with the following
2.1 Patent and Copyright Indemnity
(A) The Contractor shall hold and save the State of New Jersey,
its officers, agents, servants and employees, harmless from
liability of any nature or kind for or on account of the use of
any copyrighted or uncopyrighted composition, secret process,
patented or unpatented invention, article or appliance furnished
or used in the performance of the Contract.
(b) The State of New Jersey agrees: (1) to promptly notify the
Contractor in writing of such claim or suit; (2) that the
Contractor shall have control of the defense or settlement of
such claim or suit; and (3) to cooperate with the Contractor in
the defense of such claim or suit, to the extent that the
interests of the Contractor and the State are consistent.
(c) In the event of such claim or suit, the Contractor, at its
option, may: (1) procure for the State of New Jersey the legal
right to continue the use of the product; (2) replace or modify
the product to provide a non-infringing product that is the
functional equivalent; or (3) refund the purchase price less a
reasonable allowance for use that is agreed to by both parties.
2.2 Indemnification
The Contractor assumes all risk and responsibility for, and
agrees to indemnify, defend, and save harmless the State of New
Jersey and its employees from and against any and all claims,
demands, suits, actions, recoveries, judgments, costs and
expenses in connection therewith on account of loss of life,
property or injury or damage to the person, body or property of
any person or persons whatsoever, which shall arise or result
from (1) any willful misconduct or negligent act or omission of
the contractor; or (2) the work, materials or services supplied
by the contractor under this contract; or (3) the contractor's
breach of this contract. The State agrees to notify the
contractor as soon as is practical of any claim, demand or action
for which the State will request indemnification from the
contractor.
This indemnification obligation does not extend to incidental and
special or consequential damages.
2.3 Insurance, Subparagraph a.
Comprehensive General Liability Insurance
The minimum limit of liability shall be $1,000,000 per occurrence
as a combined single limit for bodily injury and property damage
together with excess coverage or umbrella coverage with the same
terms and conditions as the primary underlying coverage
(following form) in an amount such that the primary and excess
coverage or primary and umbrella coverage together equal or are
greater than $5,000,000. Said excess or umbrella policy shall
contain a clause stating that it takes effect (drops down) in the
event the primary coverage is impaired or exhausted.
The above required Comprehensive General Liability policy shall
name the State, its officers, and employees as additional
insured.
The coverage to be provided under this policy shall be at least
as broad as that provided by the standard basic, unamended, and
unendorsed comprehensive general liability occurrence coverage
forms currently in use in the State of New Jersey, which shall
not be circumscribed by an endorsement limiting the breadth of
coverage.
The insurance policy shall be endorsed to include contractual
liability coverage, broad form property damage coverage,
independent contractor's coverage and personal injury coverage.
3.5 Termination of Contract
This section is changed to read "Termination of Contract or
Maintenance Agreement".
3.13 Performance Guarantee of Bidder
Delete Paragraph e. and replace with the following:
Trained mechanics are regularly employed to make necessary
repairs to equipment in the territory from which the service
request might emanate. Response time is as listed under Section
3.2.4 and Section 4.4 above.
Delete Paragraph f. and replace with the following:
During the one year warranty period, the Contractor shall replace
immediately any material which is rejected for failure to meet
the requirements of the contract.
The following paragraph is added:
Paragraph H:
The State requires the goods and services that are the subject of
this RFP for the particular purposes detailed herein and the
State is relying on the contractor's skill or judgment in
selecting or furnishing such goods and services.
Standard Terms and Conditions will supersede all software agreements
until agreed to by the Director.
ATTACHMENT A
PURCHASE AGREEMENT AND WARRANTY
SUPPLEMENTAL
____________________, hereinafter "Contractor," and _________________
hereinafter "Using Agency," agree that in addition to the Standard
Terms and Conditions and Specifications governing 01-X-32469, the
following terms and conditions will apply to the equipment, software,
installation, and warranty ordered by the Using Agency pursuant to
this Agreement.
1.0 ORDERS
The term "order" is defined as the request to purchase equipment
or software evidenced by the Purchase Order from the Using
Agency, attached hereto and incorporated herein.
2.0 PRICE
All prices must be in accordance with the Contract. Payment
shall be made upon acceptance by the Using Agency. Acceptance is
when the equipment is installed either by the Using Agency or the
Contractor and the equipment is in good working order and made
operational in accordance with standard specifications and the
equipment is accepted by the Using Agency, or if applicable,
after the in-service training.
3.0 WARRANTY EXCLUSIONS
A. Except as stated in Section 2.2 and 3.13 Paragraph H of the
supplement to the Standard Terms and Conditions, the
Contractor makes no warranties, express or implied of
merchantability or fitness for a particular purpose with
respect to the equipment and software.
B. It is understood that the warranty provided in Section 3.2
with respect to equipment and software does not cover repair
for damages or malfunctions caused by: (1) abuse, misuse,
neglect of non-Contractor personnel; (2) non-Contractor
furnished equipment or software; (3) failure to follow
Contractor's installation and operation instructions,
including failure to permit the Contractor timely remote
access to the equipment; (4) force majeure conditions as
stated in Section 6 below. In addition, it is understood
that the software warranty will be voided if the software is
modified by the Using Agency without the Contractor's
consent.
C. The Contractor is not responsible for, unauthorized use (or
charges for such use) of common carrier telecommunications
services or facilities accessed through or connected to the
equipment.
4.0 PROPRIETARY SOFTWARE
Subject to the provisions contained herein, Contractor grants a
non-exclusive license for the use of certain proprietary computer
software products to the Licensee named above (herein called the
"Using Agency").
A. Proprietary Software and Services
__________ will furnish the Using Agency with proprietary
software programs and user documentation for __________. The
__________ software will operate on :
___________________________________________ and on the designated
operating system __________. Before the Using Agency replaces
or relocates the designated CPU, it shall notify _______________,
in writing, of such replacement or relocation.
_____________Consent to the foregoing shall not be unreasonably
withheld.
This LICENSE AGREEMENT (herein called the "Agreement") shall
cover the use of the SOFTWARE PRODUCTS (see Exhibit C) for up to
and including ___ users of __________ software in any combination
of ______________ upon payment by the Using Agency to ______ of:
License Fee: ____________. The Using Agency agrees to pay to
___________ the sum of __________ per user for each additional
user from the ____________________. The Using Agency further
agrees to pay to _____________ the sum of ___________________ for
each additional user from the _____________________.
__________ may, at its option, on a yearly basis request in
writing that the Using Agency provide ________________, in
writing, a list of the number of users presently using the
SOFTWARE PRODUCTS. The Using Agency shall supply such
information to _______________ within 30 days of receipt of such
request.
B. Services
The Contractor's warranty for software shall include:
1. All software updates, revisions, new versions and patches
necessary to maintain the functionality of the proposed
system.
2. On-site problem correction.
3. Problem resolution.
4. Installation, repairs, preventative updates, moves,
changes and other services.
5. Ability to perform remote diagnostics.
C. Restricted Use and Proprietary Rights
The Using Agency shall be provided with all necessary
documentation by __________________ which shall be required to
operate the SOFTWARE PRODUCT(S) effectively.
The Using Agency acknowledges that the SOFTWARE PRODUCT(S) are a
valuable trade secret, exclusively marketed in this area by
__________. The Using Agency ACKNOWLEDGES THAT ____________
developed this system through the expenditure of substantial
time, effort and money, which ____________ wishes to retain in
confidence and withhold from disclosure to persons who are not
LICENSEES. The Using Agency hereby agrees that any information,
knowledge and factual data related to the SOFTWARE PRODUCT(S)
which may be imparted to the Using Agency by ____________ at any
time, will not be communicated to any third party except the
employees of the Using Agency who will utilize any such
information and factual data only in the scope of their
employment in order to further the business of the Using Agency.
It is expressly understood that this obligation shall survive the
expiration of termination of the Agreement. The Using Agency
shall have a non-exclusive license to utilize the SOFTWARE
PRODUCT(S) but shall have no other right, title or ownership
interest therein, nor shall this Agreement be deemed to create a
partnership or joint venture of any kind between ____________ and
the Using Agency. The Using Agency shall have no right
whatsoever, express or implied, to bind _______________ to any
other agreement whatsoever. It is understood that the Using
Agency's right to use the SOFTWARE PRODUCT(S) pursuant to the
terms of the within Agreement shall be personal to the Using
Agency and shall not in any respect be assignable to a third
party without the prior written consent of ________________.
5.0 TITLE/RISK OF LOSS
Risk of loss for Using Agency installed equipment and Contractor
installed equipment shall pass to the Using Agency upon delivery.
Title to Using Agency installed equipment and
Contractor-installed equipment shall pass to the Using Agency
upon acceptance as defined in Section 3.2.1 of the
Specifications.
6.0 FORCE MAJEURE
The Contractor shall have no liability for delays, failure in
performance or damages due to: fire, explosion, pest damage,
power failures, strikes or labor disputes, water, acts of God,
the elements, war, civil disturbances, acts of civil or military
authorities or the public enemy, inability to secure raw
materials, transportation facilities, fuel or energy shortages,
acts or omissions of communications carriers, unauthorized use of
the equipment or other causes beyond the Contractor's control
whether or not similar to the foregoing.
7.0 SUBCONTRACTING OR ASSIGNMENT
The Contract may not be subcontracted or assigned by the
Contractor, in whole or in part, without the prior written
consent of the Director of the Division of Purchase and Property.
Such consent, if granted, shall not relieve the Contractor of any
of its responsibilities under the Contract.
Nothing contained in the specifications shall be construed as
creating any contractual relationship between any subcontractor
and the Using Agency or the State of New Jersey.
8.0 RECONCILIATION OF EQUIPMENT ADDITIONS UNDER WARRANTY
It is the responsibility of the Contractor to provide a list of
all equipment whose warranty has expired during the fiscal year.
This list will be for the Using Agency and must contain Model
Number, Serial Number and Warranty Expiration Date ,i.e. FDOC
(First Day of Charge). This list must be received by the Using
Agency by April 15 of each year and must also be certified by the
Using Agency as part of their inventory reconciliation.
9.0 GENERAL
A. Any supplement, modification or waiver of any provision of
this Agreement as relates to the quantity of equipment and
software ordered must be in writing and signed by authorized
representatives of the Using Agency and Contractor's
authorized representative.
B. If either party fails to enforce any right or remedy
available under this Agreement, that failure shall not be
construed as a waiver of any right or remedy with respect to
any other breach or failure by the other party.
C. The Using Agency certifies that the equipment acquired
thereunder is intended for the Using Agency's use in the
ordinary course of business and not for the purpose of
resale.
D. This Agreement incorporates the terms and conditions set
forth within the Specifications, the Standard Terms and
Conditions and the Contractor's response. In the event of a
conflict, the governing order of the document shall be the
Specifications, the Standard Terms and Conditions, this
Agreement and the Contractor's response.
USING AGENCY CONTRACTOR
BY__________________ ______________________
Signature Signature
__________________ ______________________
Name Name
__________________ _______________________
Title Title
__________________ ________________________
Date Date
ATTACHMENT B
AGREEMENT FOR EQUIPMENT AND SOFTWARE MAINTENANCE
1.0 EFFECTIVE DATE AND TERM
This Agreement shall become effective for one year following
acceptance, i.e., when the one year warranty period expires and
shall remain in effect for one year.
2.0 SCOPE OF AGREEMENT
This Agreement contains standard maintenance provisions for
equipment and software provided by the vendor.
3.0 AGREEMENT OBJECTIVES
To provide maintenance prices applicable to the equipment and
software purchased under this contract. The maintenance
price list must be attached.
4.0 PROPRIETARY SOFTWARE AND POST-WARRANTY MAINTENANCE SERVICES
Subject to the provisions contained herein, vendor grants a
non-exclusive license for the use of certain proprietary computer
software products to the Licensee named above (herein called the
"Using Agency").
A. Proprietary Software and Services
__________ has furnished the Using Agency with proprietary
software programs and user documentation for __________. The
__________ software operate on :
___________________________________________ and on the designated
operating system __________. Before the Using Agency replaces
or relocates the designated CPU, it has agreed to notify
_______________, in writing, of such replacement or relocation.
_____________Consent to the foregoing shall not be unreasonably
withheld.
This LICENSE AND MAINTENANCE AGREEMENT (herein called the
"Agreement") covers the use of the SOFTWARE PRODUCTS (see Exhibit
C) for up to and including ___ users of __________ software in
any combination of ______________ upon payment by the Using
Agency to ______ of: License Fee: ____________ and Maintenance
Fee: __________________. The Using Agency agrees to pay to
___________ the sum of __________ per user for each additional
user from the ____________________. The Using Agency further
agrees to pay to _____________ the sum of ___________________ for
each additional user from the _____________________.
__________ may, at its option, on a yearly basis request in
writing that the Using Agency provide ________________, in
writing, a list of the number of users presently using the
SOFTWARE PRODUCTS. The Using Agency shall supply such
information to _______________ within 30 days of receipt of such
request.
B. Maintenance and Enhancements
________________ will maintain the software in an operable
condition according to the specifications contained in the user
documentation manual supplied with the software and will make
generally incorporated improvements and enhancements to the
software available without additional charge for two years
following the effective day of this Agreement. The following
definitions shall apply for the purpose of determining the
"Actual Annual Maintenance Charge".
The "Initial Annual Maintenance Charge" shall be ________
________________________ for up to and including ______ users:
Increased by _____________________________ per year for each
additional user added to the original ___ users during the
maintenance period.
The "Initial Maintenance Start Date" shall be _________.
The ________________ shall be the maintenance price for
_______________, which ______________ then currently charges to
its customers as set forth in ______________ then current
published price list.
C. Services
The contractor's maintenance program for software shall include:
1. All software updates, revisions, new versions and patches
necessary to maintain the functionality of the proposed
system.
2. On-site problem correction.
3. Problem resolution.
4. Installation, repairs, preventative maintenance,
updates, moves, changes and other services.
5. Ability to perform remote diagnostics.
D. Restricted Use and Proprietary Rights
The Using Agency shall be provided with all necessary
documentation by __________________ which shall be required to
operate the SOFTWARE PRODUCT(S) effectively.
The Using Agency acknowledges that the SOFTWARE PRODUCT(S) are a
valuable trade secret, exclusively marketed in this area by
__________. The Using Agency ACKNOWLEDGES THAT ____________
developed this system through the expenditure of substantial
time, effort and money, which ____________ wishes to retain in
confidence and withhold from disclosure to persons who are not
LICENSEES. The Using Agency hereby agrees that any information,
knowledge and factual data related to the SOFTWARE PRODUCT(S)
which may be imparted to the Using Agency by ____________ at any
time, will not be communicated to any third party except the
employees of the Using Agency who will utilize any such
information and factual data only in the scope of their
employment in order to further the business of the Using Agency.
It is expressly understood that this obligation shall survive the
expiration of termination of this Agreement. The Using Agency
shall have a non-exclusive license to utilize the SOFTWARE
PRODUCT(S) but shall have no other right, title or ownership
interest therein, nor shall this Agreement be deemed to create a
partnership or joint venture of any kind between ____________ and
the Using Agency. The Using Agency shall have no right
whatsoever, express or implied, to bind _______________ to any
other agreement whatsoever. It is understood that the Using
Agency's right to use the SOFTWARE PRODUCT(S) pursuant to the
terms of the within Agreement shall be personal to the Using
Agency and shall not in any respect be assignable to a third
party without the prior written consent of ________________.
5.0 POST WARRANTY HARDWARE MAINTENANCE AND REPAIR OPTIONS
The following maintenance and repair service pricing options
shall be made available to the Using Agencies. This price
structure will remain constant over the next three years.
A. Annual All-Inclusive - A single annual repair/maintenance fee
as established in Exhibit "A" hereto for each equipment make
and model number supplied by the Contractor under the State
contract for supply of Telecommunication Equipment. The
price established shall include all repair and maintenance
costs including labor, parts, travel, shipping, etc. as well
as any required emergency services. Using Agencies may order
such service for a twelve month period commencing from the
expiration of the equipment warranty.
B. Time and Material/Hourly Maintenance and Repair Services -
Labor Only - Hourly rates for labor shall be established as
follows in Exhibit "B" hereto.
1. Straight time/Business Day (8:00 a.m. - 5:00 p.m.
Mon. thru Fri.)
2. Overtime - (5:01 p.m. -7:59 a.m..Mon. thru Sat.
All Day Saturday.
3. Premium Time, Sundays & Holidays
All Day
4. Emergency Service Calls - Response required within
_____ hours of notification by Using Agency.
When the hourly maintenance and repair service option is
elected by the Using Agency, replacement parts shall be
priced in accordance with the vendor discounts bid off of the
OEM published price list for brands as listed in RFP
01-X-32469.
6.0 POST WARRANTY HARDWARE SERVICE LEVEL
The Contractor will provide the Using Agency with maintenance
as set forth in Section 4.0 of the Specifications. Service
covered includes:
A. Calls resulting from abuse or neglect which are billable for
parts only where the all-inclusive option is chosen and for
time and materials where such option is chosen, when service
is performed between the hours of 8:00 a.m. and 6:00 p.m.;
B. Price of replacement parts which shall be charged at the
lowest available State Contract Price then in effect;
C. Problem determination of less than one hour's duration shall
not be charged;
6.1 Repairs and Maintenance
All repair and maintenance work performed by the Contractor
pursuant to this agreement shall be in accordance with the
manufacturer's guidelines and recommendations as published in the
appropriate maintenance manuals relating to the specific pieces
of Equipment thereunder.
Equipment must conform to:
A. Internal Telecommunications Union (ITU) family of video
teleconferencing, audiographics and audio standards which
include:
H.320 (px64) ISDN)
H.321 ATM
H.323 IP/Ethernet
H.324 POTS
H.310 ATM-MPEG-2
T.120 Graphics
G.711 Audio-Narrowband
G.728 Audio-Narrowband
G.722 Audio Wideband
B. NTSC-FCC registered.
C. NEMA National Electrical code.
D. UL/CSA standards.
E. MPEG (Motion Picture Experts Group) most recent version.
Wiring must conform to and be installed in accordance with:
EIA/TIA-569-Electronic Industries
Association/Telecommunications Industry Association
Commercial Building for Telecommunication Pathways and
Spaces.
Installations must be compliant with:
NJAC 5:23
NJAC 6:22
NJSA 18A:18
BOCA National Building Code
All appropriate State of New Jersey Building Codes and all
local building and variance requirements.
6.2 Replacement Parts
Only new parts and materials are permissible where
replacement of parts and materials is required in accordance
with the manufacturer's guidelines to effect the necessary
maintenance and/or repairs where such replacement parts are
unavailable, the Contractor may propose substitute brands
provided such brands are equal or better than the ones
contained in the manufacturer's maintenance manual. The
burden of establishing interchangeability, suitability and
quality of alternate or substitute replacement parts or
materials lies with the Contractor; and he shall furnish at
its own expense all applicable technical literature or
documentation and information necessary or related thereto as
required by the Using Agency. The Using Agency will review
such information as may be provided by the Contractor with
respect to the comparative quality and suitability of
alternate or substitute equipment, articles or materials and
the Using Agency's decision shall be final.
7.0 ISSUE RESOLUTION
All issues, disputes, complaints, payments, time and material
calls will be mediated by members of the Contractor's staff, the
Using Agency and the Purchase Bureau.
8.0 INCORPORATION OF THE STATE STANDARD TERMS AND CONDITIONS:
The State of New Jersey Standard Terms and Conditions included in
RFP 01-X-32469 are hereby incorporated herein by reference as if
set forth in full text.
9.0 TIME AND MATERIAL CHARGES
For all maintenance services provided by the Contractor that are
not covered by the standard maintenance coverage and provided
within or outside the contracted service hours, the Contractor
will issue a written customer service report of each such
incident of equipment malfunction or part thereof with the
invoice charges consistent with those attached on Exhibit B any
resulting invoices will be mailed directly to the Using Agency.
After review, if payment is owing, the Using Agency will make
payment to the Contractor.
10.0 Non-Allocation of Funding Termination:
Each fiscal year payment obligation of the Using Agency is
conditioned upon the availability of State funds which are
appropriated or allocated for the payment of such an obligation.
If funds are not allocated and available for the continuance of
any services performed by the Contractor thereunder, whether in
whole or in part, such services may be terminated by the Using
Agency at the end of any particular fiscal year. The Using
Agency will notify the Contractor in writing immediately of any
services which will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the
Using Agency to terminate this Addendum during the term, or any
service thereunder, merely in order to acquire identical service
from a third party maintenance Contractor.
11.0 Hardware Support
The Contractor agrees to provide guaranteed continuous
maintenance service availability for current equipment listed for
a minimum period of one year. However, this guarantee is made
subject to the following:
A. Provide maintenance on all mentioned units at no additional
charge except for work not covered. Work not covered by this
Agreement is defined as maintenance required to repair
damages, malfunctions or service failures caused by the
following:
1. Repeated failure to follow Contractor's installation,
operation or maintenance instructions.
2. Repeated device failure due to abuse, misuse, or
negligent acts.
3. Power failure or surges, lightning, fire, flood, pest
damage, accident, or other events not arising under
normal operating conditions.
The Contractor agrees to perform maintenance services in such
instances on a time and materials basis and in accordance
with the rates set forth herein.
12.0 OTHER RIGHTS
The signing of this Maintenance Agreement will not establish any
other rights nor will it constitute a guarantee that the
maintenance of any newly acquired products by the Using Agency
during the term of the Maintenance Agreement will be contracted
to a given firm.
13.0 RENEWAL
Upon the expiration of this Maintenance Agreement, the Contractor
will grant the Using Agency the option to renew under either of:
a) a then current Term Contract Agreement between the State of
New Jersey and the Contractor substantially inclusive of similar
terms and conditions to those contained herein, or b) new
mutually agreed upon terms and conditions by the parties.
14.0 CONTINUITY CLAUSE
The above Maintenance Agreement amends all attached exhibits and
any previous written or oral service agreements that are
conflicting in terms and conditions.
15.0 LAWS
This Addendum shall be governed and construed and the rights and
obligations of the parties hereto shall be determined, in
accordance with the laws of the State of New Jersey.
AGREED: _______________________ AGREED: VENDOR
BY:____________________________ By:___________________
NAME:__________________________ NAME:_________________
TITLE:_________________________ TITLE:________________
DATE:__________________________ DATE:_________________
FOR:
_______________________________
FOR:
_______________________________
EXHIBIT A
Annual All Inclusive
Contractor to provide prices for the annual maintenance of the
equipment listed equipment listed below:
Equipment Maintenance Pricing
EXHIBIT B
TIME AND MATERIAL/HOURLY MAINTENANCE AND REPAIR SERVICES
Service performed between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday is billable at $______ per hour.
Service performed between the hours of 5:01 p.m. and 7:59 a.m. Monday
through Friday including all day Saturday is billable at $______ per
hour.
Service performed all day Sunday and Holidays is billable at $______
per hour.
Service performed for Emergency Service Calls which is within
________hours of notification by the Using Agency is billable at
________ per hour.
Service performed at times other than those specified above is
billable at $_____ per hour.
For non-contract customers, service rates are specified above. In
addition there is a one hour minimum, plus $____ per mile regardless
of the time service is performed, plus any parts required for repair.
EXHIBIT C
SOFTWARE PRODUCT SCHEDULE
This schedule will be affixed to and become a part of Agreement for
Equipment and Software Maintenance ___________signed by __________and
by the Using Agency.
The Using Agency shall be licensed to use the described Software on
the computers stated below. This use shall be governed by terms and
conditions as stated in the License and Maintenance Agreement signed
with the Using Agency. The Software listed below may be procured for
use on additional computers by paying the incremental charge then in
effect. In the event that this schedule conflicts with previous
schedules, the most current schedule will control.
SITE 1
SOFTWARE DESCRIPTION PRICE NO. OF COPIES
Price valid through ________________.
Customer shall agree to pay ____________ upon execution of this
schedule the total sum of $_______________________ dollars.
ACCEPTED ACCEPTED
Ordering Agency _____________________________
by:_____________________________ by:__________________________
________________________________ ____________________________
(Name) (Title) (Name) (Title)
________________________________ _____________________________
(Date) (Date)
INDEX NO: T1466
PAGE NO: 3
VENDOR INFORMATION SHEET
COOP *
VENDOR NAME AND ADDRESS SBE/MBE/WBE/PURCH
______________________________________________________________________________
MODERN MASS MEDIA GROUP INC YES/NO /NO /YES CONTRACT #: 50955
100 PASSAIC AVE EXPIRATION DATE: 04/30/10
CHATHAM, NJ 07928 TERMS: NONE
DELIVERY: 8 WEEKS ARO
CONTACT PERSON: CHIP DEL CORO CONTACT PHONE: 800-635-8585
ORDER FAX # : 973-635-3404
______________________________________________________________________________
TELE MEASUREMENTS INC YES/NO /NO /YES CONTRACT #: 50954
145 MAIN AVENUE EXPIRATION DATE: 04/30/10
PO BOX 1078 TERMS: NONE
CLIFTON, NJ 07014 DELIVERY: 30 DAYS ARO
CONTACT PERSON: WILLIAM E. ENDRESS CONTACT PHONE: 973-473-8822
ORDER FAX # : 973-473-0521
______________________________________________________________________________
VERIZON NETWORK INTG CORP NO /NO /NO /YES CONTRACT #: 50956
201 CENTENNIAL AVE EXPIRATION DATE: 04/30/10
PISCATAWAY, NJ 08854 TERMS: NONE
DELIVERY: SPECIFIED ELSEWHE
CONTACT PERSON: BRUCE LECK CONTACT PHONE: 732-885-2076
ORDER FAX # : 732-842-6093
* WILL VENDOR EXTEND CONTRACT PRICES TO COOPERATIVE PURCHASING PARTICIPANTS?
INDEX NO: T1466
PAGE NO: 4
CONTRACT ITEMS/SERVICES
BY VENDOR
______________________________________________________________________________
VNDR: MODERN MASS MEDIA GROUP INC CNTRCT #: 50955
LINE# DESCRIPTION/MFGR/BRAND EST QUANTITY UNIT % DISCOUNT UNIT PRICE
00001 COMM CODE: 725-83-032281 1.000 EACH NET N/A
CONFIGURATION 1
DISTANT EDUCATION/LARGE GROUP
VIDEO TELECONFERENCING
PRICES AS LISTED IN BID PROPOSAL
00009 COMM CODE: 725-83-032929 1.000 EACH 10.00% N/A
PARKERVISION - VIDEO TELECONFERENCING
DISTANT LEARNING, INTERACTIVE VIDEO
P/L - 1/01
00023 COMM CODE: 725-83-034106 1.000 HOUR NET N/A
ADDITIONAL TRAINING COST
1/2 DAY TRAINING (4 HOURS) - $260.00
FULL DAY TRAINING (8 HOURS) - $520.00
$65.00 PER HOUR
00029 COMM CODE: 725-83-042797 1.000 HOUR N/A $100.00000
SITE CONSULTING
HOURLY RATE
DELIVERY: 8 WEEKS ARO
00030 COMM CODE: 725-83-043576 1.000 HOUR N/A $110.00000
PROGRAMMING/SYSTEM INTEGRATION
HOURLY RATE
DELIVERY: 8 WEEKS ARO
00031 COMM CODE: 725-83-043577 1.000 HOUR N/A $140.00000
CUSTOM DESIGN
HOURLY RATE
DELIVERY: 8 WEEKS ARO
00032 COMM CODE: 725-83-044990 1.000 HOUR NET N/A
WARRANTY RESPONSE TIME
SEVERITY LEVELS
DELIVERY: 8 WEEKS ARO
SEV. LEV. 1: OUTAGE CLEARED 24 HR.-$125.
SEV. LEV. 2: OUTAGE CLEARED 8 HR.- 145.
SEV. LEV. 3: OUTAGE CLEARED 4 HR.- 185.
SEV. LEV. 4: OUTAGE CLEARED 2 HR.- 225.
00033 COMM CODE: 725-83-044991 1.000 HOUR NET N/A
MAINTENANCE RESPONSE TIME
SEVERITY LEVEL
DELIVERY: 8 WEEKS ARO
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