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C2E l /�a 4 MIAMIB 3 CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For the - Maintenance of the Telecommunications Systems at Various City Facilities CONTRACT NO.: 28 -10/11 EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract execution by the Mayor and ,City Clerk, and may be renewed by mutual agreement of the parties for three (3) additional one (1) terms. .SUPERSEDES: N/A CONTRACTOR(S): Siemens Enterprise Communications, Inc. ` ESTIMATED ANNUAL CONTRACT AMOUNT: $257,115.24 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on July 13, 2011, for approval to award. a contract, upon execution between the City of Miami. Beach, Florida, and Contractor. B. EFFECT This Contract is entered into to provide for the maintenance of the telecommunications systems at various city facilities, pursuant to City Invitation to Bid No. 28 -10/11 and any addenda thereto (the 1TB), and Contractor's bid in response thereto (this Contract, the 1TB, and Contractor's bid in response. thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall reference the. City of Miami Beach Contract Number 28- 10/11. D. CONTRACTOR PERFORMANCE City of Miami Beach departments shall report any failure of Contractor for the maintenance of the telecommunications systems at various city facilities according to the requirements of the Contract Documents to Gladys Gonzales, City of Miami Beach, Information: Technology Division Director of 305-673 - 7000 ext. 5775. E. INSURANCE CERTIFICATE(S) The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and .approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and /or commencement of any services /work by Contractor. 1 Certification of Contract F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and /or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing /performing any supplies, work, and /or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently, provide /perform same and /or services to City's satisfaction, for the agreed compensation. Contractor shall provide /perform , the supplies, work, and /or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final products) and /or provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City . of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be. provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may. not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Contract. Supplies, work,, and /or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and /or, services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and /or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and /or the Contract Documents. s 2 Certification of Contract The parties expressly acknowledge that . it is not their intent to create any rights or obligations in any third person or entity under this Contract and /or the Contract ..Documents. K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand- delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it. is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City Gus Lopez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Gladys Gonzalez, Information Technology Division j Director Information Technology 1755 Meridian Avenue, 4 th Floor Miami Beach, Florida 33139 For Contractor Siemens Enterprise Communications, Inc. 5500 Broken Sound Blvd. Boca Raton, Florida 33487 Attn: Linda Siefried Eubank Phone: 770- 973 -1783 Email: Linda. Eubank(a)siemens- enterprise.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall. not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. Certification of Contract M.. SEVERANCE - In the event a portion of this Contract and /or the Contract Documents is found by a. court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE - This Contract and /or the Contract Documents shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and /or the Contract Documents. Contractor shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar, formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this 3rel day ' of Aw6wSt 2011, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH - By e By esident/ Signature Edward L. Tobin i Vice - Mayor Kevin Castors Print Name Date JuLly CPS P- b ate ATTEST: ATTEST: crz Secretary/ Signature City Clerk Print Name Date Date F: \PURC \$ALL \PAMELA \ITB \ITB 28 -10 -11 Telecom Maintenance re- issue \Contract\28 -10 -11 Siemens.doc APPROVED As TO FORM & LANGUAGE 4 8� FOR EXECUTION Ity orn Date 5 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Siemens Enterprise Communications, Inc. Pursuant To Invitation To Bid No. 28 -10/11 For'The Maintenance Of The Telecommunications Systems At Various City Facilities In The Annual Amount Of $257,115.24. Key Intended Outcome Supported: Improve rocess through information technolo Supporting Data (Surveys, Environmental Scan, etc.): NIA Issue: Shall the Commission Approve the Award of Contract? Item Summa /Recommendation; The purpose of ITB is to establish a contract with a single qualified vendor for the maintenance of the telecommunications systems at various City of Miami Beach facilities, on an operational basis. On November 15, 2010, ITB No. 02 -10/11 was issued, and the Procurement Division e- mailed, as well as uploaded the ITB to BidSync.com and BidNet, sending notices to over 45 firms. This outreach resulted in the receipt of two (2) bids, one from Black Box Network Services, and the other from Siemens Enterprise Communications, Inc. Siemens bid submission was deemed non - responsive. The Bid submitted by Black Box was deemed responsive, and thus was the only Bid submitted subsequent to this ITB. However, it included an on -site technician, which added additional costs to their fees. The IT Department believed it was in the best interest of the City to reject the only Bid received, revise the specifications, and re -issue the solicitation. The City Manager exercised his authority to reject the proposal pursuant to Section 2-367(b)(1) of the City of Miami Beach Code. ITB'No..28 -10/11 was issued on May 11, 2011, with the minimally revised scope of services. On the due date of June 7, 2011, (2) bids were once again received, one from Black Box* Network Services, and the other from Siemens Enterprise Communications, Inc. Both companies are well qualified to provide the services sought by the ITB and both Siemens and Black Box submitted Bids that were approximately $100,000 lower than the amount currently paid for the. services being contracted. The lowest bid was from Siemens Enterprise Communications, Inc. Approve the Award of Contract. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved $257,115.24 Contract Maintenance Communications Fund Account # 550- 1750- 000325 BPI Total $257,115.24 Financial Impact Summary: City Clerk's Office LeglWative Trackin Gus Lopez, ext 6641 Sign-Offs: Departm nt Directo Assi nt City Manager City Manager GG �o� 66 PDW JMG T:WGENDA\ 2011\7- 13- 11\Telecommunications Maintenance Summary.doc MIAMIBEAC.H AGENDA ITEM DATA 65 l' S �� A ! - f City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 13, 2011 SUBJECT: REQUEST FOR APPROVAL TO ARP A CONTRACT TO SIEMENS ENTERPRISE COMMUNICATIONS; INC. PURSUANT TO INVITATION TO BID (ITB) NO. 28 -10/11 FOR THE MAINTENANCE OF THE TELECOMMUNICATIONS SYSTEMS AT VARIOUS CITY FACILITIES, IN THE ANNUAL AMOUNT OF - $257,115.24. AD MINISTRATION RECOMMENDATION Approve the Award of Contract. BID AMOUNT AND FUNDING $257,115.24 Funding is - available from Contract Maintenance Communications Fund Account # 550- 1750 - 000325 BACKGROUND The purpose of the ITB is to establish a contract with a single qualified vendor for the maintenance of the telecommunications systems at various City of Miami Beach facilities, on an operational basis. The contract shall be in effect for three (3) years from the date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for three (3) additional one -year terms, on a year to year basis. Bidders must provide a letter from Siemens indicating that they are authorized to provide software patches and hardware for all current releases, including the most current available software and hardware for the Siemens HiPath 4000 and Xpressions products. The maintenance solution in place now provides this ability, and any replacement solution should provide the same ability. On November 15, 2010, ITB No. 02- 10/11 was issued, and the Procurement Division e- mailed, as well as uploaded the ITB to BidSync.com and BidNet, sending notices to over 45 firms. This outreach resulted in the receipt of two (2) bids, one from Black Box Network Services, and the other from Siemens Enterprise Communications, Inc. Both Black Box Network Services and Siemens Enterprise Communications are global companies and leaders in technology and communications solutions and provided bids that were approximately $100,000 lower than the amount currently paid for the services being contracted. The Bid submitted by Siemens took numerous exceptions to the City's terms and conditions, and was prefaced on "piggybacking" on a State of Florida contract, contrary to the terms of the ITB. Upon giving written notice that they must comply to the terms of 66 t I July 13, 2011 Commission, Memorandum Telecommunications Maintenance ITB No. 28 -10111 the Bid, Siemens agreed to not predicate "piggybacking ", however they continued to . take numerous exceptions to the terms of the City's bid. document. Following a meeting with the City Attorney, Procurement sent Siemens a letter indicating that if Siemens did not accept all of the City's requirements, the bid 'submitted shall be deemed non- responsive and will receive no further consideration. Siemens countered in a letter that they will comply with all terms, except the insurance indemnity, which Siemens could not comply with. Siemens bid submission was subsequently deemed non- responsive. The Bid. submitted by Black Box was deemed responsive, and thus was the only Bid submitted subsequent to this ITB. However, it included an on -site technician, which added additional costs to their fees. The Technical Requirements of the ITB specifications mandated that "repair and maintenance must be available 24 hours a day, 7 days a week." The requirements did not specify whether or not an on -site technician was required. The. Information Technology (IT) - Department believed it was in the best interest of the City to reject the only Bid received, revise the specifications, and re -issue the solicitation. . As Black Box submitted the only responsive bid received as a result of the subject ITB, the City. Manager exercised his authority to reject the proposal pursuant-to Section 2- 367(b)(1) of the City of Miami Beach Code: "Where only one bid response is received, and /or the bid exceeds the . budgeted amount, the city manager, without any action by the city commission, shall have the power to reject the bid and, if he determines that same is in the best interest of the city, re- advertise the item for bidding;" ANALYSIS The IT Department revised the scope of services to reflect that an on -site technician is not required pursuant to the requirements of the re- issuance of an ITB. Invitation to Bid No. 28 -10111 was issued on May 11, 2011, with the minimally revised scope of services. The Procurement Division e- mailed, as well as uploaded the Bid to BidSync.com and BidNet, sending notifications to over 50 firms. A. non - mandatory pre - bid meeting was held on May 19, 2011. On the due date of June 7, 2011, two (2) bids were once again received, one from Black Box Network Services, and the other from Siemens Enterprise Communications, Inc. The bid submission from Siemens took exceptions to the terms and conditions of the ITB, and also indicated that they wanted mutuality of indemnification. The City Attorney's office opined that Siemens' exceptions were unacceptable, and the City as a matter of policy and as prohibited pursuant to Section 768.28, Florida Statutes, does not indemnify private parties; accordingly, there can be no mutuality of indemnification. Procurement sent a letter to Siemens on June 29, 2011, requiring that they must state in writing whether they accept all terms -and conditions of the bid requirements, otherwise 67 July 13, 2011 Commission Memorandum Telecommunications Maintenance ITB No. 28- 10/11 the Bid submitted shall be deemed non - responsive and will receive no further consideration. On June 30, 2011, Procurement received written confirmation from Siemens that they will accept all terms and conditions of the Bid requirements. Both companies are well qualified to provide the services sought by the ITB and, again, both Siemens and Black Box submitted Bids that were approximately $100,000 lower than the amount currently paid for the services being contracted. Black Box - is the largest Siemens dealer in the United States and has many years of experience supporting Siemens and peripheral communication product lines. Siemens, the City's current service provider for over 20 years, is a software and services company that provides Open Communications Solutions and OpenScale Services to globally, and has over 400,000 maintenance contracts in place globally. and 75% of all Global 500 companies as customers. The total six (6) year cost that was bid by Siemens Enterprise Communications is lower than that of Black Box Network Services by $6,809. CONCLUSION Based on the analysis of the bids received, the Administration recommends that the City award a contract to Siemens Enterprise Communications, Inc. pursuant to Invitation to Bid (ITB) No. 28 -10/11 for the Maintenance of the Telecommunications Systems Various City Facilities, in the Annual Amount of $257,115.24. BID TABULATION Siemens Enterprise Black Box Network Communications, Inc. Services Year 1 Cost $257,115.24 $253,500.00 Year 2 Cost $257,115.24 $253,500.00 Year 3 Cost $257,115.24 $253,500.00 Year 4 Cost $257,115.24 $263,000.00 Year 5 Co st $257,115.24 $263,000,00 Year 6 Cost $257,115.24 $263,000.00 Total 6 year Cost $1,542,691.44 $1,549,500 -00 TA AGENDA 12011W- 13- 111Telecommunications Maintenance Memo. doc 68 1 A M BEAC H City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.midmibeachfi.gov PROCUREMENT DIVISION Tel: 305 - 673 -7490 Fax: 786.394.4006 June.2, 2011 ADDENDUM NO. 1 TO INVITATION TO BID (ITB) NO. 28- 10/11 FOR MAINTENANCE OF THE TELECOMMUNICATIONS SYSTEMS AT VARIOUS CITY FACILITIES In response to questions and requests for additional information received by prospective Proposers by the Administration, the subject RFP is hereby amended as follows: Q1. I would like to request that the minimum of 10 years in performing telecommunication be lowered to 5 years of experience. The landscape of telecommunications technology has changed so much in the past ten years that having a 10 year service requirement will only limit true potential for competition in a ever changing technology landscape. Please consider changing the requirement because many minority businesses will not be able to compete for this ITB with a minimum requirement of 10 years experience in telecommunication maintenance. Al. We will not change the 10 year requirement. Q2. We are able to provide a comparable solution. Why is it necessary that prospective bidders supply a letter using Siemens letterhead when there is an option to offer equivalent or better telecommunication solution. A2. So that the City can verify that the bidder is able to provide software patches and hardware for all current releases, including the most currently available software and hardware for the Siemens HiPath 4000 PBX, HiPath ProCenter, Siemens Xpressions, and all other Siemens products. The maintenance solution in place now provides this ability, and its replacement should provide the same ability.. Proposers are I reminded to please acknowledge receipt of this addendum as part of your proposal submission. Potential proposers_ that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Proposers" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director ITB No. 28 -10111 Addendum #1 June 2, 2011 Page 1 of 1 ITB NUMBER 28- 10111 CITY OF MIAMI BEACH MAINTENANCE OF TELECOMMUNICATIONS SYSTEMS COST-IINFORM&ATION. COMPANY NAME: Siemens Enterprise Communications, Inca We propose to furnish all labor tools, equipment, transportation, permits, licenses, services and incidentals necessary in order to provide the maintenance of the Telecommunications Systems at various City of Miami Beach facilities, on an operational basis, in accordance with -Bid Specifications, as follows: Under the maintenance contract the distributor will be responsible for all repair, routine maintenance, spare parts, software, and backup routines for the PBX and all associated equipment listed above. Maintenance must be fulfilled and priced at a yearly rate. The vendor's bid will show a price for each of the 6 years that the contract may be in effect. Each year's total cost should be itemized indicating the components that comprise the total yearly cost. Year 1 costs = $ 257,115.24 Year 2 costs $ 257,115.24 Year 3 costs = $ 257,115.24 Year 4 costs = $ 257,115.24 Year 5 costs = $ 257;115.24 Year 6 costs = $ 257,115.24 Total 6 year cost = $ 1,542,691.44 RESPONSE: Siemens offers the following breakdown, per site, of the annual maintenance costs represented above: Site CMR Product OpenScale Discount O,ptrons Annuol, Plan. and /or Comments. Prices Police HiPath 4000 Headquarters 7725572 Inte raTrak 85E/4 Switch Only, APO $29,795.84 City Hall 7765811 HiPath 4000 85E/4 Switch Only, APO $107,186.58 Bass Museum 7726958 Hicom 150 / 85E/4 Advance Phone $3,079.26 HiPath 3000 Replacement HiPath 4000, Network 7043310 Xpressions, 85E/4 $72,015.62 Access Point ProCenter $33,987.06 - and IVRs SIEMENS ENTERPRISE COMMUNICATIONS, INC. PAGE 40 f ITB NUMBER 28- 10/11 CITY OF MIAMI BEACH MAINTENANCE OF TELECOMMUNICATIONS SYSTEMS Emergency Ops Center Advance Phone and Fire 7041174 HiPath 4000 8.5E +05 Replacement $ 11,050.88. Station 2 Total Annual Maintenance $257,115.24 IPDA locations include: ➢ North Shore Youth ➢ Log Cabin Nursery ➢ Golf Course ➢ Parks and Rec ➢ Parking Dept 1130 Prospective bidders must provide a letter, from Siemens, on Siemens letterhead, indicating that they are able to provide software patches and hardware for all current releases, including the most currently available software and hardware for the Siemens HiPath 4000 PBX, HiPath ProCenter, Siemens Xpressions, and all other Siemens products. The City reserves the right to further request for such letters after bid submittal for the vendors of the other telecommunications equipment to ensure that the bidder is able to provide the maintenance service. RESPONSE: Siemens, as the manufacturer and service provider of the City's existing HiPath 4000, HiPath ProCenter, Xpressions and other Siemens products, will be providing all required software and hardware service and support directly. SIEMENS ENTERPRISE COMMUNICATIONS, INC. PAGE 41 FOR MAINTENANCE OF THE TELECOMMUNICATIONS SYSTEMS AT VARIOUS CITY FACILITIES ITB # 28- 10/1.1 BID PAGE 2 OF 4 Prospective bidders must provide the following supplementary information pertaining to system maintenance: 1. The complete address of the permanent location from which the service personnel will be operating. 2. The number :of full -time service personnel qualified to work on the proposed system that will be working out of this location. 2. Does the respondent maintain a factory recommended supply of repair parts inventory for the proposed system? 3. Remote monitoring and maintenance must be available for the Siemens HiPath 4000 units twenty -four (24) hours a day, 365 days a year. Describe the remote monitoring /maintenance program. I' 5/11/2011 28 of 41 City of Miami Beach ITB No. 28 -10/11 ITB NUMBER 28 -10/11 CITY OF MIAMI BEACH MAINTENANCE OF TELECOMMUNICATIONS SYSTEMS- PAYMENT TERMS: NET 30. If other, specify here RESPONSE: Siemens will comply, and will bill the City monthly in arrears for the services., Invoices will be due Net 30 from the City's receipt of Siemens' invoice. ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: V. Frederick Wilkerson. Director of Business Administration COMPANY NAME: Siemens Enterprise Communications, Inc. SIGNED: (I certify that I am authorized to execute this bid and commit the bidding firm) SIEMENS ENTERPRISE COMMUNICATIONS, INC. ' PAGE 42 ITB NUMBER 28- 10/11 CITY OF MIAMI BEACH MAINTENANCE OF TELECOMMUNICATIONS SYSTEMS ACIKWOWLEDGEMEINT oF ADDEN Bidders must acknowledge receipt of addendum (if applicable). Addendum No: 1: June 2, 2011 . Addendum No. 2: Insert Date Insert Date Addendum No. 3: Addendum No-. 4: Insert Date Insert Date Addendum No.'5: Addendum No. 6: Insert Date Insert Date NAME/TITLE(Print): V. Frederick Wilkerson. Director of Business Administration ADDRESS: 1881 Campus Commons Drive CITY /STATE: Reston, VA 20191 TELEPHONE NO: (703) 262 -8370 E -MAIL ADDRESS: Vernon.Wilkerson @siemens- enterprise.com FACSIMILE NO: (703) 262 -3088 FEDERAL I.D. #: 26- 2722137 SIGNED: y SIEMENS ENTERPRISE COMMUNICATIONS, INC. PAGE 43