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1. job spoole Log hndir stdbyxfr svchandler tep slaveX term handl Page 2 total 8 Contract No ANS 195 2014 PS 033 Contract No Freguentis Contract for Work B 2 System NOTAM OPMET Servers Name pllot1 pllot2 Count 2x operational standby HW Hewlett Packard DL380 SW Red Hat Enterprise Linux ES release 3 Application consists of main processes programs below mysqi DB asy link ae INE R bull sched CDS hndlr chk db purge old purge tab send tmd m Page 3 total 8 Contract No ANS 195 2014 PS 033 Contract No Freguentis Contract for Work serv notam E M M OA B 3 System IBS consist of two parts Sconnector and Webserver IBS system SCONNECTOR Servers Name scon dmz1 scon dmz2 Count 2x operational standby HW _ Virtual machine runs in VMware Virtual Center 2 SW _ Red Hat Enterprise Linux Server release 6 x Application consists of main processes programs below Sconnector application mysql DB IBS system Webserver Servers Name Ibs dmz1 Ibs dmz2 Count 2x operational standby HW Virtual machine runs in VMware ESXi 5 SW Red Hat Enterprise Linux Server release 6 x Application consists of main processes programs below Page 4 total 8 Contract No ANS 195 2014 PS 033 Contract No Frequeniis Test environment Test system AFTN CIDIN Serve2. or service for Page iz9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider 1 1 1 the Aeronautical Fixed Telecommunications Network AFTN Message Switching Subsystem and the Common ICAO Data Interchange Network CIDIN Subsystem 1 1 2 the Automated Aeronautical Information Service NOTAM AIS NOTAM Subsystem o NOTAM Data Management o OPMET Data Management o Flight Plan Data Management o Static Database Management 1 1 3 Integrated Briefing System IBS o through the thick client application o through the web interface Internet 1 2 All maintenance items covered by this support are listed in Appendix 1 of this Contract 1 3 For the purpose of this Contract the maintenance service consists of e service availability e service interventions via remote connection 1 4 Service availability includes 1 4 1 Establishment of service desk available 24 hours a day 7 days a week to receive telephone or email requirements from responsible Customer personnel listed in Appendix 2 regarding necessary service interventions 1 4 2 Providing technical advice and guidance to responsible Customer personnel via email telephone or virtual private network VPN connection regarding 1 4 2 1 control and user operations for proper service 1 4 2 2 procedures during problem analysis 1 4 2 3 instructions for correct system software configuration 1 4 3 Maintaining complete backup of system software and up t
3. Contract No Provider 7652 2014 RLPCR PCH U RV2 7652 2014 Air Navigation Services of the Czech Republic Service Contract entered into pursuant to Article 1746 paragraph 2 of the Act No 89 2012 Coll Civil Code hereinafter referred to as the Civil Code hereinafter only as Contract Air Navigation Services of the Czech Republic ANS CR A state enterprise existing and organized under the laws of the Czech Republic having its registered office at Naviga n 787 252 61 Jene Czech Republic Company Identification Number 49710371 Tax identification Number CZ49710371 IBAN SWIFT code CEKOCZPP Registered in the Commercial Register of the Municipal Court in Prague Section A Insert 10771 Represented by Mr Jan tindl Director of the Operations Division Hereinafter referred to as the Customer and Freguentis California Inc Registered office 201 B Calle Del Oaks Monterey CA 93908 USA Certificate of status authentication No 9812179 Person authorized to conclude this Service Contract Mr John Fort Tax ID 27 1966478 Bank BANK OF AMERICA 200 East Franklin Street Monterey California 93940 Account No SWIFT code bofaus6s Hereinafter referred to as the Provider The Customer and the Provider are each a Party or collectively the Parties Article 1 Subject Matter 1 1 Provider undertakes to provide maintenance service and support herein after as well as work
4. Procedural language Proceedings shall be conducted in Czech or English 7 Last possible meeting day The customer determines the last possible meeting day on 30 09 2014 8 Period for submitting tenders and term of opening envelops containing tenders The period for submitting tenders in accordance with 34 paragraph 2 point g of the Act will b agreed in the negotiations Opening envelope with the tender will be determined in the negotiations 9 Place for submitting tender The applicant shall deliver its tender either in person to the customers post room at IATCC Praha Naviga n 787 Jene room number 1 201 on work days during office hours 8 00 14 00 or by post to the following address Air Navigation Services of the Czech Republic Naviga n 787 252 61 Jene for the attention of Ms Tereza Koucka 10 Reguirements on how to compile a tender Page 20f 3 The tender shall contain all the prereguisites reguired in this invitation to negotiate in negotiated procedure without publication and the order documentation which is the annex no 1 to this invitation to negotiate in negotiated procedure without publication 11 Order period In accordance with Section 43 of the Act the customer sets an order period till 30 9 2014 The applicant shall be bound by its tender for this period The order period shall commence as soon as the period for submitting tenders The order period for the applicant that has been chosen shall
5. 89 2012 Coll Civil Code hereinafter referred to as the Civil Code hereinafter only as Contrac Air Navigation Services of the Czech Republic ANS CR A state enterprise existing and organized under the laws of the Czech Republic having its registered office at Naviga n 787 252 61 Jene Czech Republic Company Identification Number 49710371 Tax Identification Number CZ49710371 IBAN SWIFT code CEKOCZP Registered in the Commercial Register of the Municipal Court in Prague Section A Insert 10771 Represented by Mr Jan tindl Director of the Operations Division Hereinafter referred to as the Customer and Freguentis California Ino Registered office 201 B Calle Del Oaks Monterey CA 93906 USA Certificate of status authentication No 9812179 Person authorized to conclude this Service Contract Mr John Fort Tax ID 27 1966478 Bank BANK OF AMERICA 200 East Franklin Street Monterey California 93940 Account No SWIFT code bofaus6s Hereinafter referred to as the Provider The Customer and the Provider are each a Party or collectively the Parties Article 1 Subject Matter 1 1 Provider undertakes to provide maintenance service and support herein after as well as work or service for Page1z eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider 1 1 1 the Aeronautical Fixed Telecommunications Network AFTN Message Sw
6. No ANS 195 2014 PS 033 Contract No Frequentis Contract for Work Appendix 3 Provider personnel with VPN access to Customer network Handover date 21 6 2012 A MO ot P EO O A NE ATE EE S _ E Freguentis California Inc O 21 6 2012 Milena Jackson Fregients Calforia ino BE 21 6 2012 L don Doman _ Frequent Cantoria inc N 21 52012 kam Kantar Frequentie AG Austria O 251209 Tom viek _Frequontis Czech Republic WENNE 22 2014 Randykarasek Frequent Cafomnia nc U Name Company Dave Sigward Freguentis California Inc Each of above mentioned employee has received from ANS CR representative the SecurelD token based on confirmed Individual SecurelD token protocol has received user manual has been informed about rules for using the SecurelD token has been informed about procedures regarding remote access to ANS CR data network Note Only employee marked with an are allowed to access live oper systems the others have access to test systems only E agg o M P I JE TT R o n Page 7 total 8 Contract No ANS 195 2014 PS 033 Contract No Freguentis Contract for Work Appendix 4 SecurelD token protocol ANS CR s providing a remote access to its corporate data network CADIN IP for employees contractors or other partners The access is aiways limited to specific applications with defined permis
7. Provider 3 3 Defined telephone number is assigned for Customer below which is permanently available 3 4 Request for service intervention is made by responsible Customer personnel 3 5 3 6 3 Minor a via phone to service number EEE back up number is ih or b by email to service email or c via online web Reporting Tool at https selfservice frequentis com Other contacts for the purpose of this Contract are listed in Appendix 2 Each request for service intervention has to be classified according to impact of the problem Severity levels are described in the table below In order to classify a request Provider technical support personnel will confirm with Customer the impact of the reported problem to determine an appropriate classification Where parties disagree on the classification of a particular reported problem Customer and Provider technical contacts will discuss the classification in good faith to reach a mutually acceptable classification In the event the parties are unable to reach Contract on the classification the reported problem shall be classified at Customer s assigned classification level 1 Description The system is inoperative and Customer s inability to use the product has a critical effect on Customer s operations This condition is generally characterized by complete system failure and requires immediate correction In addition any condition that may critically impact human safety is
8. The Customer declares that it is registered as a VAT payer in the Czech Republic under registration number CZ49710371 4 4 The Provider declares that it is registered as a VAT payer in 4 5 The Customer shall bear no responsibility for the performance of Provider s obligations towards tax authorities of the Czech Republic The Provider shall bear no responsibility for the Customer s obligations to the tax authorities of the Czech Republic Article gt Warranty and liability Page 5z9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider 5 1 5 2 5 3 5 4 5 5 5 6 5 7 6 1 6 2 6 3 6 4 6 5 7 1 Te 7 3 74 7 5 The Provider represents that a guarantee of 12 month is provided for the work The guarantee period starts on the day of signing notification of hand over of the work The Customer shall notify the Provider about any defects of the work via telephone followed by mail or e mail notification The Provider shall eliminate the notified defects within time after Article 3 above The Warranty does not cover defects caused by unprofessional handling or non compliance with the instructions In case of breach of the warranty duties of the Provider the Customer has the right to eliminate the defect through a third person The costs related to such elimination shall be paid by the Contractor The warranty period shall be extended by the period which was necessary to elimi
9. end on the date the contract is concluded 12 Oualification reguirements The customer reguires that the following gualifications be proven of ualification requirements according to Section 54 a of the Act The professional qualification requirements shall be met by a contractor that submits a An extract from the commercial register if it is entered in it or an extract from other similar records if it is entered in them Professional Proof The contractor shall prove that it meets the professional qualification requirements by submitting a simply copy as follows a With an extract from the commercial register which may not be more than 90 calendar days old on the last day on which proof of qualifications is to be met 1 09 2014 Jene LU Air Navigation Services sles of the Czech Republic 3 CES OF THE CZECH REPUBLIG ERVI ANON D DEVELOPMENT DIVISION ih Director of Planning and Development Division Page 3 of 3 Annex 1 of the Invitation to negotiate in negotiated procedure with publication to public contract Service and maintenance support for the system AFTN CIDIN NOS Order Documentation RVZ 7546 2014 Air Navigation Services CW of the Czech Republic ORDER DOCUMENTATION According to the provisions of Section 44 of the Public Procurement Act 137 2006 Coll as amended hereinafter as Act Negotiation proceedings without publication Title of the public contract
10. place of performance is IATCC Prague Naviga n 787 252 61 Jene 4 Applicants gualifications In accordance with Section 50 of the Public Procurement Act 137 2006 Coll as amended hereinafter the law an applicant shall prove in the tender that it fulfills the qualifications required in the call for tenders and for proof of gualifications 5 Method of compiling the price offer 5 1 Customers basic reguirements The total price offer shall be stated in the tender as the highest permissible maximum amount for the performance of the public contract excluding VAT including all charges and all other expenses relating to the performance of the public contract The total price offer shall be given in USD and shall be divided in to the price of Price for an item USD Fixed payment for service availability per month USD monthly for systems AFTN and CIDIN for system AIS NOTAM s for system IBS Price for a fixed payment for service availability for 36 months simple sum of items 1 3 multiplied by 36 Price per one hour work of technical expert for service interventions USD hour maximum number of hours is 200 per 36 months 5 for systems AFTN and CIDIN maximum number of hours is 50 for system IBS maximum number of hours is 100 n Price for 200 hours for service interventions simple sum of item no 5 multiplied by 50 hours item no 6 multiplied by 50 hours
11. s address given in the heading of this Contract The price to be paid based on issued invoice always to the last day of respective month Invoices are to be paid within 30 days after receipt by the Customer Invoiced amount will be in USD An integral part of the invoice shall be mutually agreed statement of activities undertaken during the month The Customer may return an invoice if it contains inaccurate or incomplete information or if the price is incorrect Such return must be made by the due date of the invoice In such event the Provider shall issue a new invoice or correct the original invoice and fix a new due date All above mentioned prices are fixed and firm for the validity period of this Contract and Include all costs of the Provider associated with providing service maintenance in accordance with this Contract Any change of price could be done only by an amendment signed by duly authorised representatives of the Parties Article 3 Place and Methods of Performance 3 1 3 2 Place of performance for the service maintenance in accordance with this Contract is IATCC Jene Naviga n 787 252 61 Jene Service maintenance is provided via phone email or virtual private network connection On site support is provided only for systems described in 1 1 3 Reaction time for this on site support is three working days since Customer request Page 3z9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No
12. system is inoperative and Customer s inability to use the product has a critical effect on Customer s operations This condition is generally characterized by complete system failure and requires immediate correction In addition any condition that may critically impact human safety is considered a Severity Level 1 The system is partially inoperative but still usable by Customer The inoperative portion of the product severely restricts Customer s operations but has a less critical effect than a Severity Level 1 condition In addition any situation with serious loss of redundancy i e system has single point of failure which could problem is considered as Severity Level 2 problem The system is usable by Customer with little or limited impact to the function of the system This condition is not critical and does not severely restrict overall Customer operations 3 7 Service intervention see 1 5 1 is started by Provider at the latest in time defined in the table below Respond Time 3 8 Provider restores maintained system to operational status by identifying defective software components or providing software and or procedural workarounds where feasible in time defined in the table below time from Customer first notification of a reported problem 120 hours Not relevant 3 9 Corrective action which removes reason for the operational problem or the result of analysis with r
13. the Copyright Act and information under provisions of Section 504 and Section 1730 subs 2 of the Civil Code will continue to be protected if so expressly indicate by Parties The Provider undertakes to submit to the Customer a list of subcontractors who have received more than 10 of a part of one year s price which have received in one calendar year This list will be submited no later than 28 02 of next year In the event that the Provider is a joint stock company still accompanied by a list of holders of share if their aggregate value is more than 10 of the capital The list must not be older than 90 days before its submission Article 12 Settlement of disputes 12 1 12 2 12 3 Any dispute controversy or claim arising out of or in connection with this Contract or the breach termination or invalidity therefore which cannot be settled by Parties in a friendly manner shall be finally settled under the appropriate court of the Czech Republic The language to be used in trial and award shall be Czech This Contract is governed by Czech law Article 13 Modification and Alternation 13 1 13 2 Any part of this Contract may be amended by an amendment signed by duly authorised representatives of the Parties if it is not agreed otherwise in the Contract Any amendment to the Contract shall require a written consent of both Parties otherwise shall be null and void The Parties have agreed that technical changes which have n
14. 3 8 and 3 9 of this Contract the Provider shall be duty bound to pay a penalty defined in the tables below S Restore Time paragraph 0 100 USD for each hour of dela 500 USD for each day of dela A Resolve Time paragra 1 000 USD for each month of dela a j 8 3 In case the Provider does not meet the times defined in 3 10 of this Contract the Provider shall be duty bound to pay a penalty 100 USD for each day of delay 8 4 In case the Provider breach the rules for VPN access defined in 7 6 and Annex 4 of this Contract the Provider shail be duty bound to pay a penalty 5000 USD for each violation of these rules 8 4 Penalty shall be paid by the Provider independent of the possible damage caused to the Customer Such indemnity mentioned herewith shall be the subject of separate reimbursement Article 9 Terminatlon 9 1 In the event of major breach of contractual obligations and after a grace period of thirty days this Contract can be terminated on the basis of a written notice Termination must be notified through a registered letter with a thirty days written notice to perform 9 2 This Agreement may be terminated by either Party on the anniversary of the contract signing date and with a 3 month notice period Article 10 Force Majeure 10 1 The Parties agreed that they are not liable for falling to meet all or some of the provisions hereunder if such failure was caused by an event of force majeure Howev
15. 4 Nab dkov cena za servisn dr bu a podporu na syst m AFTN CIDIN NOS in 337 972 USD bez DPH Z v r Jedn n komise bude pokra ovat posouzen m spln n kvalifika n ch p edpoklad V Jen i dne 19 9 2014 e hy l k u komise p rapt Pg UMNE A pnw AA iN f PEOR TON OIOI KALU AA IR IUO AL AU RVZ 9561 2014 ZPR VA O POSOUZEN A HODNOCEN NAB DEK Podle 80 odst 1 z kona 137 2006 Sb o ve ejn ch zak zk ch d le t z kon 1 Eviden n slo ve ejn zak zky 3411 047 14 2 N zev ve ejn zak zky Service and maintenance support for the system AFTN CIDIN NOS 3 Identifika n daje o zadavateli EP Obchodn firma n zev jm no zen letov ho provozu esk republiky st tn podnik p jmen zadavatele PE v Z S dlo m sto podnik n bydli t Naviga n 787 252 61 Jene zadavatele REESE EE n ss NR ee Jm no a a p jmen osoby Mgr Petr Fajtl opr vn n jednat jm nem zadavatele 4 Seznam posuzovan ch nab dek Po Obch firma nebo n zev Ie IDC pod n uchaze e nab dky Freguentis California Inc 27 1966478 27 1966478 18 09 2014 10 40 hod 5 Seznam nab dek kter byly komis ze zad vac ho zen vy azeny slo Firma D vod pro vy azen nab dky nab dky a Ze zad vac ho zen n
16. 9710371 DI CZ49710371 Dr itel certfik tu jakosti ISO 9001 2008 A LA RO AL L RVZ 9559 2014 zen letov ho provozu esk republiky Zadavatel zen letov ho provozu esk republiky st tn podnik se s dlem Jene Naviga n 787 PS 252 61 I O 49 71 03 71 zapsan v obchodn m rejst ku veden m M stsk m soudem v Praze oddil A vlo ka 10771 Ve ejn zak zka Service and maintenance support for the system AFTN CIDIN NOS k jedn n ze dne 01 09 2014 PROTOKOL O OTEV R N OB LKY S NAB DKOU ZE DNE 19 09 2014 dle 73 odst 1 z kona 137 2006 Sb o ve ejn ch zak zk ch ve zn n pozd j ch p edpis P tomn lenov n hradn ci komise pro otev r n ob lky Im no a p jmen lena n hradn ka komise E 1 Ing Tereza Kouck O Z OZO O 2 Ing Michal Chvojka 3 Bc Lenka Klej m dov Otev r n ob lky prob hlo dne 19 09 2014 v s dle zadavatele Komise otev ela ob lku s nab dkou spole nosti Freguentis California Inc 201 B Calle Del Oaks Moneterey California 93940 USA I O 27 1966478 Tax ID number 27 1966478 kter byla zadavateli doru ena dne 18 09 2014 v 10 40 hod a konstatovala e 1 Nab dka je zpracov na v po adovan m jazyku 2 Nab dka je podeps na osobou opr vn nou jednat jm nem za uchaze e 3 N vrh smlouvy je podeps n osobou opr vn nou jednat jm nem za uchaze e
17. A naivne MAL AL ALLA KL LU AL Air Navigation Services RUZ 7547 2014 CW of the Czech Republic Invitation to negotiate in negotiated procedure without publication accordance with the provisions of Section 34 paragraph 1 of the Public Procurement Act Title of the public contract Service and maintenance support for the system AFTN CIDIN NOS Customer identification Air Navigation Services of the Czech Republic ANS CZ Registered address Naviga n 787 252 61 Jene Customer s identification number 49710371 Customer s tax identification number CZ49710371 Contact person Ms Tereza Kouck E mail koucka ans cz Telephone 420 220 373 269 Fax 420 220 372 011 Customer s profile http sluzby e zakazky cz ProfilZadavatele DetailZadavatele aspx DZ 73e0Obefb 9153 448c b748 11034c285e4c Contents 1 Information about the type of public contract Title of the public contract 3 Information about the subject of the public contract 4 Order documentation 5 Place and date of first negotiations 6 Procedural language 7 Last possible meeting day 8 Period for submitting tenders and the date of opening the envelops 9 Place for submitting tenders 10 Reguirements on how to compile a tender 11 Order period 12 Qualification requirements Page 7 of 3 1 Information about the type of public contract The contract in guestion is an order for services according to the provisions of Section 10 of the Act It
18. PS 033 Contract No Provider 1 Customer undertakes to pay to Provider for the above defined maintenance under the terms and conditions defined here after Article 2 Price of the Work 2 1 The total price of maintenance service provided according to this Contract during the whole validity period is at maximum xxxx USD and consists of this items 2 1 1 Fixed payment for service availability described in paragraph 1 4 of this Contract is o for systems described in 1 1 1 xxxx USD monthly o for systems described in 1 1 2 xxxx USD monthly o for systems described in 1 1 3 xxxx USD monthly 2 1 2 Variable payment for service interventions s to paragraph 1 5 limited by the maximum amount defined earlier of this Contract depends on number of these interventions which has been done in each month based on monthly report approved by the Customer First 96 hours per each 12 months of this Contract are covered by fixed payment see 1 4 5 Interventions made within the framework of valid warranty are free of charge For the interventions not covered by warranty and over 96 hours in respective 12 months period was agreed the service rate per one hour work of technical expert o for systems described in 1 1 1 xxxx USD hour o for systems described in 1 1 2 xxxx USD hour o for systems described in 1 1 3 xxxx USD hour 2 2 It is assumed that the services will be exempt from import duties The prices quoted do not include import duties or taxes but
19. Service and maintenance support for the system AFTN CIDIN NOS Customer for the public contract Air Navigation Services of the Czech Republic state enterprise ANS CZ Naviga n 787 252 61 Jene Identification number 49710371 Tax identification number CZ49710371 1 09 4 Jene N Air Navigation Services of the Czech Republic AIR NAVIGATION SERVICES OF THE CZECH REPUBLIC E ANS PLANNING AND DEVELOPMENT DIVISION N 787 25281 JENEC dno nna Road ano b t b n Mr tr F Director of Planning and Development Division Service and maintenance support for the system AF TN CIDIN NOS 1 Information about the customer 1 1 Basic information Name Air Navigation Services of the Czech Republic state enterprise ANS CZ Registered address Naviga n 787 252 61 Jene Identification number 49710371 Tax identification number CZ49710371 Entered in the commercial register maintained by Prague City Court in section A entry no 10771 Profile of the customer http sluzby e zakazky cz ProfilZadavatele DetailZadavatele aspx DZ 73e0befb 9153 448c b 748 110340285edc 1 2 Customers statutory body The customers statutory body is the managing director Mr Jan Klas Person authorised to carry out legal acts Mr Petr Fajtl director of Planning and Development Division Person authorised to contractual arrangements Mr Jan tindl director of Operations 1 3 Contact persons The conta
20. and item no 7 multipli Ek Offer price is a simple sum of items 4 and 8 i for system AIS NOTAM maximum number of hours is 50 Note The tenderer shall indicate any other costs if they are made up of various costs the customer requires such costs transparently quantify and include in the total price The customer shall not permit any conditions under which the price offer could be exceeded Page 3 6 Service and maintenance support for the system AFTN CIDIN NOS Terms of payment Under no circumstances advance payments or deposits will be payable No increase in the cost will be accepted except increase due to changes in VAT The detailed terms of payment will be subject of the negotiation and will be specified in the contract no 195 2014 PS 033 the annex 1 of the order documentation fi 7 1 7 2 7 3 8 8 1 9 9 1 9 2 a Trade terms Trade terms shall be subject to negotiations and will be specified in the contract no 195 2014 PS 033 If part of the public contract is to be performed as a subcontract through a third party the customer requests that the specific part of the public contract that is to be carried out by third parties be stated in the tender as well as who these parties will be A change of subcontractor during the performance of the public contract shall only be possible with prior written approval from the customer A restriction to the amount of compensation in any direct
21. considered a Severity Level 1 Critical problem The system is partially inoperative but still usable by Customer The inoperative portion of the product severely restricts Customer s operations but has a less critical effect than a Severity Level 1 condition in addition any situation with serious loss of redundancy i e system has single point of failure which could problem is considered as Severity Level 2 problem The system is usable by Customer with little or limited impact to the function of the system This condition is not critical and does not severely restrict overall Customer operations 1 Critical 2 Major 3 7 Service intervention see 1 5 1 is started by Provider at the latest in time defined in the table below 3 Minor 3 8 Provider restores maintained system to operational status by identifying defective software components or providing software and or procedural workarounds where feasible in time defined in the table below time from Customer first notification of a reported problem kemie ala ohon Not relevant 3 9 Corrective action which removes reason for the operational problem or the result of analysis with recommended follow up actions in case the corrective action is not in Provider responsibility is Page429 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider finished in time defined in the table belo
22. ct person in matters regarding this public contract Technical Mr Michal Chvojka e mail chvojka ans cz Organizational Ms Tereza Kouck e mail koucka ans cz 2 Subject of performance of the public contract 2 1 Description of the subject of performance of the public contract The subject of performance of this public contract is service and maintenance support for tne system AFTN CIDIN NOS mainly e H24 phone support including intervention remote or on site in case of serious failure e SW support and analysis of non standard behaviour of the system Classification of the subject of the public contract CPV code 72267000 4 72261000 2 Description Software maintenance and repair services Software support services For more details see annex No 1 of the order documentation contract no 195 2014 PS 033 2 2 Order documentation The information and details contained in the individual parts of this order documentation and in the annex no 1 of the order documentation define the customer s binding requirements for the compilation of a tender and for the performance of the public contract 3 Term and place of performance of the public contract 3 1 Term of performance of the public contract Page 2 Service and maintenance support for the system AFTN CIDIN NOS Service and maintenance support for the system AFTN CIDIN NOS will be provided from 1 10 2014 to 30 9 2017 3 2 Place of performance of the public contract The
23. e7 Provider s Responsibilities The Provider hereby agrees to provide services covered by this Contract under conditions defined in the Contract and its Appendices The Provider warrants that support service does not infringe on any third party rights patents and other industrial and intellectual property rights The Provider is obliged to respect Customer s rules and conditions regarding system operation The Provider is obliged to keep records of service interventions done based on this Contract The Provider is obliged to have actual backup of system installation and configuration files in case of necessary return to previous state of the system Page6z9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider 7 6 8 1 8 2 m Severity Level z The Provider is responsible as an employer for its employees to observe the rules when using RSA SecurelD token issued based on paragraph 8 5 above and also for the loss of RSA SecurelD token The Provider is obliged to compensate all damages caused by breaking these rules by Provider s employees Article 8 Contractual Penalties In case the Customer does not meet the payment term according to paragraph 0 of this Contract the Customer shall be duty bound to pay an interest rate of 0 05 five one hundredths of the amount invoiced or of its part not yet reimbursed for each day of delay In case the Provider does not meet the times defined in 3 8 and 3 9 of
24. ebyly vy azeny dn nab dky 6 Popis hodnocen nab dek v etn od vodn n V souladu s 79 odst 6 neprovedla komise hodnocen nab dek nebo by hodnotila nab dku jedin ho uchaze e lenov komise se jednohlasn shodli na tom e nab dka spole nosti Freguentis California Inc zcela splnila ve ker z konn po adavky i po adavky zadavatele uveden v zad vac ch podm nk ch a proto bude zadavateli doporu eno rozhodnout o v b ru nejvhodn j nab dky Strana1z2 7 Kone n po ad nab dek Obchodn firma nazev jm no p jmen dodavatele z jemce 8 Slo en komise a podpisy len komise jm no p jmen lena nahradnika vlastnoru n podpis lena komise komise ing Terezakoua O p 2mm l A Bermeko AER I 9 P ed n zpr vy o posouzen a hodnocen nab dek zadavateli 1777 Zpr va byla p ed na zadavateli dne 2 4 09 2014 Jm no a primeni os by Spro jednat jm nem zadavatele Mgr Petr Fajtl fp ZE Podpis opr vn n ey zadavatele H TK Raz tko zadavatele Strana 2 Z 2 Contract No ANS 195 2014 PS 033 Service Contract Contract No Provider 7652 2014 RLPCR j UL LUN U ALL U RVZ 7652 2014 Air Navigation Services of the Czech Republic Service Contract entered into pursuant to Article 1746 paragraph 2 of the Act No
25. ecommended follow up actions in case the corrective action is not in Provider responsibility is Page 4z9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider finished in time defined in the table below time from Customer first notification of a reported problem In case of planned system change 5 working days before applying the change In case of fault corrections no later than 5 working days after applying the change in the system In case of planned system change 5 working days before applying the change 1 5 3 System documentation update In case of fault corrections no later tnan 5 working days after applying the change in the system 1 4 6 Providing monthly list of service Until 10th day of the following month interventions in electronic form i O 3 11 Time for the above defined limits starts from Customer first notification of a new request at Provider s contacts defined in paragraph 3 4 3 12 In case when correction of one failure causes some other new failure then time is counted up i e total time is counted from start of first failure until the end of last failure in a row Article4 Taxes 4 1 The Customer declares that it is tax resident of the Czech Republic Contracting parties declare that they will respect and follow the Agreement on the avoidance of double taxation between the Czech republic and USA 4 2 The Provider declares that it is a tax resident of 43
26. ed to publish this Contract and associated information and documents related to the performance under this Contract pursuant to the Act No 137 2006 Coll On Public Procurement as amended However information relating to copyright in accordance with the Copyright Act and information under provisions of Section 504 and Section 1730 subs 2 of the Civil Code wiil continue to be protected if so expressly indicate by Parties The Provider undertakes to submit to the Customer a list of subcontractors who have received more than 10 of a part of one year s price which have received in one calendar year This list will be submited no later than 28 02 of next year In the event that the Provider is a joint stock company still accompanied by a list of holders of share if their aggregate value is more than 10 of the capital The list must not be older than 90 days before Its submission Article12 Settlement of disputes 12 1 Any dispute controversy or claim arising out of or in connection with this Contract or the breach termination or invalidity therefore which cannot be settled by Parties in a friendly manner shali be finally settled under the appropriate court of the Czech Republic 12 2 The language to be used in trial and award shali be Czech 12 3 This Contract is governed by Czech law Article 13 Modification and Alternation 13 1 Any part of this Contract may be amended by an amendment signed by duly authorised representativ
27. er Article2 Price of the Work The total price of maintenance service provided according to this Contract during the whole validity period is at maximum 337 972 00 USD and consists of this items 2 1 1 Fixed payment for service availability described in paragraph 1 4 of this Contract is o for systems described in 1 1 1 o for systems described in 1 1 2 o for systems described in 1 1 3 2 1 2 Variable payment for service interventions according to paragraph 1 5 limited by the maximum amount defined earlier of this Contract depends on number of these interventions which has been done in each month based on monthly report approved by the Customer First 96 hours per each 12 months of this Contract are covered by fixed payment see 1 4 5 Interventions made within the framework of valid warranty are free of charge For the interventions not covered by warranty and over 96 hours in respective 12 months period was agreed the service rate per one hour work of technical expert o for systems described in 1 1 1 o for systems described in 1 1 2 o for systems described in 1 1 3 it is assumed that the services will be exempt from import duties The prices quoted do not include import duties or taxes but in case of supply of any HW necessary to provide maintenance service and support according to this agreement will be applied conditions DDP Incoterms 2011 ie Delivered Duty paid Invoices issued by the Provider shall be sent to Customer
28. er the Party affected by an event of force majeure shall perform Its obligations hereunder as soon as the effects of an event of force majeure cease All the terms hereunder shall be postponed for a period egual to the time when an event of force majeure lasted The Party affected by an event of force majeure shall notify the other Party as soon as possible after any occurrence thereof 10 2 Should force majeure conseguences last provably for more than three months any of the Parties Page 729 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider hereto is entitled to withdraw from this Contract and any Parties claims shall be settled in a way not to cause undue benefit to any Party hereto Article 11 Other Provislons 11 1 11 2 11 3 By signing this Contract the Provider acknowledges that it is not authorized to disclose or disseminate any information which could affect the security of civil aviation namely due to reguirements for maintaining security in civil avlation resulting from the relevant legislation in particular the Aviation Regulation L17 and imposing on air navigation service providers to take appropriate actions as a base to provide safeguarding of civil aviation against acts of unlawful interference Particularly Contractor shall not anyhow reproduce and redistribute any information acquired in connection with the performance thereof The Provider acknowledges that the Customer is oblig
29. es of the Parties If it is not agreed otherwise In the Contract Any amendment to the 13 2 13 3 Contract shall require a written consent of both Parties otherwise shall be nuli and void The Parties have agreed that technical changes which have no infiuence on price and or payment conditions may be done by entrusted persons of the Parties Any change of these Appendices shall require a written consent of the entrusted persons and must be identified by the date signature of the entrusted person and sequential number of the change otherwise shall be null and void Persons who are entrusted to change the Contract in accordance with 13 2 are on behalf of Frequentis California nc John Fort on behalf of ANS CR Michail Chvojka Page 8z 9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider Article 14 Final Provisions 14 1 14 2 14 3 14 4 14 5 This Contract is made in four 4 original copies in English each Party obtalning two copies The Parties agree with the content of this Contract and in witness of their free and serious will they have caused this Contract to be executed by their duly representatives This Contract shali be valid on the day of its signature duly authorized representatives of the Provider and the Customer This Contract is conluded for e define period of time and shall be effective from October 1 until September 30 2017 The Appendixes below make an integral
30. es who have been in the preceding 3 years following the end of the time limit to submit tenders in an occupational functional or any other relationship of that kind to the customer Page 4 b c 9 3 9 4 9 5 Service and maintenance support for the system AFTN CIDIN NO S the list of shareholders compiled within the time limit for the submission of tenders having their total nominal value of their percentage of shares higher than 10 of the equity capital if the economic operator holds the form of a joint stock company the declaration by the tenderer that it has neither concluded nor will conclude the contract banned under separate legal regulation in the context with the public contract which is being awarded In accordance with Section 43 of the Act the customer sets an order period till 30 9 2014 The applicant shall be bound by its offer for this period The applicant shall deliver its offer either in person to the customers post room at IATCC Praha Naviga n 787 Jene room number 1 201 on work days during office hours 8 00 14 00 or by post to the following address Air Navigation Services of the Czech Republic Naviga n 787 252 61 Jene for the attention of Ms Tereza Koucka Content of the tender shall be submitted with the following structure e a cover page signed by the tenderer s authorised person e the tenderer s identification and contact details the tenderer s business name name and su
31. extended by the period which was necessary to elimination of the defect The decisive date is date of notification of the defect or the date of hand over of the work The date which occurred first is the decisive date Unless stated otherwise in this Contract the liability for defects follows the section 2615 et seg of the Civil Code The liability for unencumbered legal title to the work shall be carried by the Provider and the liability is not limited to the warranty period agreed herein Article6 Customer s Responsibilities When reporting a fault the Customer shall include Severity Level of problem and output of any diagnostics printed logs already performed actions to help reproduce the conditions under which the trouble occurred The Customer is obliged to ensure that maintained systems are installed configured operated and maintained in accordance with Provider applicable installation operation administration and maintenance specifications The Customer is obliged to perform initial problem diagnostics and analysis to isolate the problem to a maintained system The Customer is obliged to inform the Provider with all rules and conditions for system operation The Customer is obliged to provide to designated employee of the Provider remote access and VPN connection to maintained system via Customer CADIN IP data network based on defined access privileges RSA SecureiD token will be issued to each of these employees list of the
32. hen an event of force majeure lasted The Party affected by an event of force majeure shall notify the other Party as soon as possible after any occurrence thereof Should force majeure consequences last provably for more than three months any of the Parties hereto is entitled to withdraw from this Contract and any Parties claims shall be settled in a way not to cause undue benefit to any Party hereto Page7z9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider Article 11 Other Provisions 11 1 By signing this Contract the Provider acknowledges that it is not authorized to disclose or disseminate any information which could affect the security of civil aviation namely due to reguirements for maintaining security in civil aviation resulting from the relevant legislation in particular the Aviation Regulation L17 and imposing on air navigation service providers to take appropriate actions as a base to provide safeguarding of civil aviation against acts of unlawful interference Particularly Contractor shall not anyhow reproduce and redistribute any information acguired in connection with the performance thereof The Provider acknowledges that the Customer is obliged to publish this Contract and associated information and documents related to the performance under this Contract pursuant to the Act No 137 2006 Coll On Public Procurement as amended However information relating to copyright in accordance with
33. in case of supply of any HW necessary to provide maintenance service and support according to this agreement will be applied conditions DDP Incoterms 2011 ie Delivered Duty paid 2 3 Invoices issued by the Provider shall be sent to Customer s address given in the heading of this Contract The price to be paid based on issued invoice always to the last day of respective month Invoices are to be paid within 30 days after receipt by the Customer Invoiced amount will be in USD An integral part of the invoice shall be mutually agreed statement of activities undertaken during the month 2 4 The Customer may return an invoice if it contains inaccurate or incomplete information or if the price is incorrect Such return must be made by the due date of the invoice In such event the Provider shall issue a new invoice or correct the original invoice and fix a new due date 2 5 All above mentioned prices are fixed and firm for the validity period of this Contract and include all costs of the Provider associated with providing service maintenance in accordance with this Contract Any change of price could be done only by an amendment signed by duly authorised representatives of the Parties Article 3 Place and Methods of Performance 3 1 Place of performance for the service maintenance in accordance with this Contract is ATCC Jene Naviga n 787 252 61 Jene 3 2 Service maintenance is provided via phone email or virtual private
34. ion shall not be permitted Technical conditions Customer does not provide any technical conditions in accordance with 45 of the Act regarding to the subject of the public contract The subject of the public contract is defined in the order documentation and its annex Content of the tender Offers shall be submitted in writing in a sealed envelope with the stamp of signature of the Tenderer s authorized person on the seals and marked with the name of the public contract and the words Do Not Open The address to which the customer can send the notification in accordance with Section 71 paragraph 5 of the Act must also be on the envelope The tenderer shall submit the offer in a single copy which will be indicated on the cover sheet titled Original All pages of the offer shall be firmly attached or sewn together so that they are adequately secured against removal from the menu The customer does not have an electronic tool for acceptance the offers in electronic form The Tenderer s identification details to the extent specified in Section 17 of the Act shall be given on the cover page accompanying the offer The offer shall be compiled in Czech or English including annexes and signed on the cover page by the Tenderers authorized person Each Tenderer may only submit one offer Offer must also include pursuant document according to section 68 3 a c of the Act the list of statutory bodies or members of such statutory bodi
35. is a above the threshold public contract ordered in the form of negotiation proceedings without publication according to the provisions of Section 23 paragraph 4 a for reasons connected with the protection of exclusive rights The order proceedings were commenced on the day this written invitation to negotiate in negotiated procedure without publication was sent 2 Title of the public contract Service and maintenance support for the system AFTN CIDIN NOS 3 Information about the subject of the public contract 3 1 The subject of performance of this public contract is service and maintenance support for the system AFTN CIDIN NOS mainly e H24 phone support including intervention remote or on site in case of serious failure e SW support and analysis of non standard behaviour of the system 3 2 Classification of the subject of the public contract The customer defines the subject of the public contract according to the reference classification valid for public contracts on the basis of Commission directive no 213 2008 as follows e CPV code 72267000 4 72261000 2 e Description Software maintenance and repair services Software support services 4 Order documentation The order documentation is an annex no 1 to this invitation to negotiate in negotiated procedure without publication 5 Place and date of first negotiations Negotiations shall take place in the week from 08 09 2014 via the voice video or e mail conference 6
36. itching Subsystem and the Common ICAO Data Interchange Network CIDIN Subsystem 1 1 2 the Automated Aeronautical Information Service NOTAM AIS NOTAM Subsystem o NOTAM Data Management o OPMET Data Management o Flight Plan Data Management o Static Database Management 1 1 3 Integrated Briefing System IBS o through the thick client application o through the web interface Internet 12 All maintenance items covered by this support are listed in Appendix 1 of this Contract 1 3 For the purpose of this Contract the maintenance service consists of e service availabllity e service interventions via remote connection 1 4 Service availability includes 1 4 1 Establishment of service desk available 24 hours a day 7 days a week to receive telephone or email reguirements from responsible Customer personnel listed in Appendix 2 regarding necessary service interventions 1 4 2 Providing technical advice and guidance to responsible Customer personnel via email telephone or virtual private network VPN connection regarding 1 4 2 1 control and user operations for proper service 1 4 2 2 procedures during problem analysis 1 4 2 3 Instructions for correct system software configuration 1 4 3 Maintaining complete backup of system software and up to date versions of system documentation and manuals 1 4 4 Obsolescence management the Provider routinely monitors the availability of the HW SW components from its suppliers and where necessary take
37. m is in Appendix 3 of this Contract Article 7 Provider s Responsibilities The Provider hereby agrees to provide services covered by this Contract under conditions defined in the Contract and its Appendices The Provider warrants that support service does not infringe on any third party rights patents and other industrial and intellectual property rights The Provider Is obliged to respect Customer s rules and conditions regarding system operation The Provider is obliged to keep records of service interventions done based on this Contract The Provider is obliged to have actual backup of system installation and configuration files in case of necessary return to previous state of the system The Provider is responsible as an employer for its employees to observe the rules when using RSA SecurelD token issued based on paragraph 8 5 above and also for the loss of RSA SecurelD Page 6z 9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider token The Provider is obliged to compensate all damages caused by breaking these rules by Provider s employees Article 8 Contractual Penaltles 8 1 In case the Customer does not meet the payment term according to paragraph 0 of this Contract the Customer shall be duty bound to pay an interest rate of 0 05 five one hundredths of the amount invoiced or of its part not yet reimbursed for each day of delay 8 2 Incase the Provider does not meet the times defined in
38. nation of the defect The decisive date is date of notification of the defect or the date of hand over of the work The date which occurred first is the decisive date Unless stated otherwise in this Contract the liability for defects follows the section 2615 et seg of the Civil Code The liability for unencumbered legal title to the work shall be carried by the Provider and the liability is not limited to the warranty period agreed herein Article 6 Customer s Responsibilities When reporting a fault the Customer shall include Severity Level of problem and output of any diagnostics printed logs already performed actions to help reproduce the conditions under which the trouble occurred The Customer is obliged to ensure that maintained systems are installed configured operated and maintained in accordance with Provider applicable installation operation administration and maintenance specifications The Customer is obliged to perform initial problem diagnostics and analysis to isolate the problem to a maintained system The Customer is obliged to inform the Provider with all rules and conditions for system operation The Customer is obliged to provide to designated employee of the Provider remote access and VPN connection to maintained system via Customer CADIN IP data network based on defined access privileges RSA SecurelD token will be issued to each of these employees list of them is in Appendix 3 of this Contract Articl
39. network connection On site support is provided only for systems described in 1 1 3 Reaction time for this on site support is three working days since Customer reguest Page3z eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider 3 3 Defined telephone number is assigned for Customer below which is permanently available 3 4 Request for service intervention is made by responsible Customer personnel a via phone to service number 1 831 277 4934 back up number is 1 831 578 5071 or b by email to service email frgca support frequentis com or c via online web Reporting Tool at https selfservice frequentis com 3 5 Other contacts for the purpose of this Contract are listed in Appendix 2 3 6 Each request for service intervention has to be classified according to impact of the problem Severity levels are descibed in the table below In order to classify a reguest Provider technical support personnel will confirm with Customer the impact of the reported problem to determine an appropriate classification WVhere parties disagree on the classification of a particular reported problem Customer and Provider technical contacts will discuss the classification in good faith to reach a mutually acceptable classification In the event the parties are unable to reach Contract on the classification the reported problem shall be classified at Customers assigned classification level Level Description cons The
40. o date versions of system documentation and manuals 1 4 4 Obsolescence management the Provider routinely monitors the availability of the HW SW components from its suppliers and where necessary takes action to ensure that the supply line continues When the Provider is notified of impending component obsolescence Provider will provide without any delay the Customer with information about relevant component supply changes such as LRUs becoming obsolete subjected to significant price increases or longer delivery times or otherwise influencing the Customers maintenance predictability The Provider shall also provide once per year regular obsolescence check and report the results to the Customer 1 4 5 96 hours of service interventions within 12 month 1 4 6 Providing monthly list of service interventions in electronic form 1 5 Service interventions includes 1 5 1 Solution of operational problems 1 5 1 1 fault detection including documentation screenshot system logs 1 5 1 2 problem analysis and troubleshooting 1 5 1 3 problem resolving identifying defective software components or providing software and or procedural workarounds 1 5 1 4 results of internal testing and verification of any proposed system changes 1 5 2 Configuration of third party software 1 5 2 1 operating systems Linux RedHat Fedora 1 5 2 2 MySQL database 1 5 3 System documentation update Page 2z 9 eviden n slo smlouvy LP R s p 195 2014
41. o influence on price and or payment conditions may be done by entrusted persons of the Parties Any change of these Appendices shall require a written consent of the entrusted persons and must be identified by the date signature of the entrusted person and sequential number of the change otherwise shall be null and void 13 3 Persons who are entrusted to change the Contract in accordance with 13 2 are on behalf of Frequentis California Inc John Fort on behalf of ANS CR Michal Chvojka Article 14 Final Provisions 14 1 This Contract is made in four 4 original copies in English each Party obtaining two copies Page 8z 9 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider 14 2 The Parties agree with the content of this Contract and in witness of their free and serious will they have caused this Contract to be executed by their duly representatives 14 3 This Contract shall be valid on the day of its signature duly authorized representatives of the Provider and the Customer 14 4 This Contract is conluded for e define period of time and shall be effective from October 4 until September 30 2017 14 5 The Appendixes below make an integral part of this Contract Appendix 1 System specification Appendix 2 Contacts Appendix 3 Provider personnel with VPN access to Customer network Appendix 4 SecurelD token protocol In Jenec on the Customer Air Navigation Services of the Czech Rep
42. part of this Contract Appendix 1 System specification Appendix 2 Contacts Appendix 3 Provider personnel with VPN access to Customer network Appendix 4 SecurelD token protocol AIR NAVIGATION SERVICES OF THE CZECH REPUB NAVIGA N 787 252 61 JENE In Monterey CA ctober 3 2014 201 B Calie Del Oaks Del Rey Oaks California 93940 the Provider Page 929 Contract No ANS 195 2014 PS 033 Contract No Frequentis Appendix 1 System specification Contract for Work The following table specifies the application software that are being maintained as part of the maintenance contract A Summarized overview Operational environment D NME VSE AMO Ce A pr HE 4 NOTAMOPM T Pie pk n seomdmz ee som O bsdmzi MNE NE AFTN CIDIN AFTN CIDIN NOTAM OPMET Test environment P oh TE a mam 00 O NOTAMOPMET notam 0 ha RUE 5 Bem _Nameofserver L AFNODN test 6 Tee O ibs test1 ELE i O E EE EO CHS EE k 1 o a arm Page 1 total 8 Contract No ANS 195 2014 PS 033 Contract No Frequeniis Contract for Work ZL T T u B Detailed specification Operational environment B 1 System AFTN CIDIN Servers Name aftn1 aftn2 Count 2x operational standby HW Hewlett Packard DL380 SW _ RedHat Enterprise Linux ES release 3 Application consists of main processes programs below
43. rname registered address complete mailing address the name of the worker authorised to negotiate regarding this public contract identification number tax identification number telephone fax e mail total offer price including VAT and total offer price VAT excluded e documents proving that the qualifications are met e the total offer price according to article no 5 1 of the order documentation e lists and affidavits pursuant to 68 3 a c of the Act filled in the contract no 195 2014 PS 033 annex 1 of the order documentation signed by the person authorized to act for or on behalf of Tenderer e any other relevant documents at the discretion of the tenderer 10 Other requirements In accordance with 34 paragraph 4 of the Act the customer is entitled to agree on other conditions of the public contract than those which is set in the invitation to negotiate in negotiated procedure without publication or the order documentation The customer does not allow variant offers The customer does not set any evaluation criteria because the public contract is awarded to a one candidate 11 Annexes Annex 1 of the order documentation contract no 195 2014 PS 033 Page 5 Annex 1 of the Order Documentation to public contract Service and maintenance support for the system AFTN CIDIN NOS Service contract no 195 2014 PS 033 including annexes 1 4 Contract No ANS 195 2014 PS 033 Service Contract
44. rs Name test1 test2 Count 2x operational standby HW Hewlett Packard DL380 SW Red Hat Enterprise Linux ES release 3 Application same configuration as operational environment Test system NOTAM OPMET Servers Name notam notam2 Count 2x operational standby HW Hewlett Packard DL380 SW Red Hat Enterprise Linux ES release 3 Application same configuration as operational environment Test IBS system SCONNECTOR Servers Name scon testi scon test2 Count 2x operational standby HW Virtual machine runs in VMware Virtual Center 2 SW Red Hat Enterprise Linux Server release 6 x Application game configuration as operational environment Test IBS system Webserver Servers Name Ibs test1 ibs test2 Count 2x operational standby HW _ Virtual machine runs in VMware Virtual Center 2 SW Red Hat Enterprise Linux Server release 6 x Application same configuration as operational environment Page 5 total 8 Contract No ANS 195 2014 PS 033 Contract No Freguentis Contract for Work Appendix 2 Contacts Provider HelpDesk Support Phone UM Ena R Fax OS Responsible personnel Mr John Fort Ema ge Phone Se Fax USS Customer Supervisor room ITS H24 Responsible personnel Phone Fax Luk Vlach Michal Pufr Jan Mikyna Michal Chvojka k pe pe A O o E oo lk o Page 6 total 8 Contract
45. s action to ensure that the supply line continues When the Provider is notified of impending component obsolescence Provider will provide without any delay the Customer with information about relevant component supply changes such as LRUs becoming obsolete subjected to significant price increases or longer delivery times or otherwise influencing the Customers maintenance predictability The Provider shail also provide once per year regular obsolescence check and report the results to the Customer 1 4 5 96 hours of service interventions within 12 month 1 4 6 Providing monthly list of service interventions in electronic form 1 5 Service interventions includes 1 5 1 Solution of operational problems 1 5 1 1 fault detection including documentation screenshot system logs 1 5 1 2 problem analysis and troubleshooting 1 5 1 3 problem resolving identifying defective software components or providing software and or procedural workarounds 1 5 1 4 results of internal testing and verification of any proposed system changes 1 5 2 Configuration of third party software 1 5 2 1 operating systems Linux RedHat Fedora 1 5 2 2 MySQL database 1 5 3 System documentation update Page 22 9 na n eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider 1 6 Customer undertakes to pay to Provider for the above defined maintenance under the terms and 2 1 2 2 2 3 2 4 2 5 conditions defined here aft
46. sions Based on these permissions a Secureld token is given to employees contractors or other partners SecurelD token is a small device token generates periodically every minute 6 digits number This number together with a user PIN will provide the best secure user authentication Every token has its unique serial number The user claims that e he will choose a secret personal PIN Only he knows the PIN and the PIN Is not easy to guess e token can be used only by authorized person and cannot be used by other persons e he will follow the user manual during the authorization process e he will report any unusual behavior loss or PIN disclosure to a service number immediately e he will use the token regularly for his work and keep the token in functional state he knows that the token will disable in case of long inactivity e he is obligated to return the token back to ANS In case he is not using the token any more or if the permission for using VPN Is no longer valid E Administrator Michal Sl dek Token serial numer User Company Contact Information Slgnature ANS CR representative m T AE A EO m bo Page 8 total 8 S
47. this Contract the Provider shall be duty bound to pay a penalty defined in the tables below ___ Resolve Time paragraph 0 o Alllevels 1 000 USD for each month of dela 8 3 Incase the Provider does not meet the times defined in 3 10 of this Contract the Provider shall be duty bound to pay a penalty 100 USD for each day of delay 8 4 In case the Provider breach the rules for VPN access defined in 7 6 and Annex 4 of this Contract the Provider shall be duty bound to pay a penalty 5000 USD for each violation of these rules 8 4 Penalty shall be paid by the Provider independent of the possible damage caused to the Customer Such indemnity mentioned herewith shall be the subject of separate reimbursement Article 9 Termination 9 1 In the event of major breach of contractual obligations and after a grace period of thirty days this Contract can be terminated on the basis of a written notice Termination must be notified through a registered letter with a thirty days written notice to perform Article10 Force Majeure 10 1 10 2 The Parties agreed that they are not liable for failing to meet all or some of the provisions hereunder if such failure was caused by an event of force majeure However the Party affected by an event of force majeure shall perform its obligations hereunder as soon as the effects of an event of force majeure cease All the terms hereunder shall be postponed for a period equal to the time w
48. ublic ANS CR In on the Provider Page 929 L AU AU AL UL RVZ 7248 2014 L zen letov ho provozu esk republiky E i lenov komise pro otev r n ob lek A V dopis zn dne Na e zn Vy izuje Telefon Fax V Jen i dne 1 09 201 RVZ 7548 14 T Koucka 220373269 AFTN CIDIN NOS V souladu s 8 71 odst 1 z kona 137 2006 Sb o ve ejn ch zak zk ch ve zn n pozd j ch p edpis jmenuji s innost ode dne podpisu komisi pro otev r n ob lky na realizaci zak zky Servisn dr ba a podpora na syst m AFTN CIDIN NOS v tomto slo en O mm m EE b a Ing Tereza Kouck DPLR OPVZ RVZ Marcela omkov DPLR OPVZ RVZ Bc Lenka Klej m dov DPERFIN SFIN CO Ing Ivona Schindlerov DPERFIN SFIN CO DPRO ATMS LTS CADIN lenov i n hradn ci komise pro otev r n ob lek jsou povinni zachov vat ml enlivost o v cech o nich se dozv d li v souvislosti s v konem sv funkce Ing Michal Chvojka DPRO AMTS LTS Mgr Luk Vlach S pozdravem Mgs fa r Fajtl editel Divize pl nov n a rozvoje letov ch naviga n ch slu eb zen letov ho provozu esk republiky st tn podnik Naviga n 787 252 61 Jene http Avww ans cz email koucka ans cz zaps v obchodn m rejst ku ved u M S v Praze v odd A vlo ce 10771 Bankovn spojen SOB Praha 5 88153 0300 e I 4
49. w time from Customer first notification of a reported problem Severity Level 1Critica 2 Major 3 Mno 30 days 60 days 90 days 3 10 Times for other actions except solution of operational pronome defined in 1 5 1 Coes Aetion cs NO Time se 1 5 2 Configuration of third party software 10 business days In case of planned system change 5 working days before applying the change 1 5 3 System documentation update In case of fault corrections no later than 5 working days after applying the change in the system In case of planned system change 5 working days before applying the change 1 5 3 System documentation update In case of fault corrections no later than 5 working days after applying the change in the system 1 4 6 Providing monthly list of service Until 10th day of the following month interventions in electronic form A 3 11 Time for the above defined limits starts from Customer first notification of a new reguest at Provider s contacts defined in paragraph 3 4 3 12 In case when correction of one failure causes some other new failure then time is counted up i e total time is counted from start of first failure until the end of last failure in a row Article4 Taxes 4 1 The Customer declares that it is tax resident of the Czech Republic Contracting parties declare that they will respect and follow the Agreement on the avoidance of double taxation bet
50. ween the Czech republic and USA 4 2 The Provider deciares that it is a tax resident of the Unite States of America 4 3 The Customer declares that it is registered as a VAT payer in the Czech Republic under registration number CZ49710371 44 The Customer shall bear no responsibility for the performance of Provider s obligations towards tax authorities of the Czech Republic The Provider shall bear no responsibility for the Customer s obligations to the tax authorities of the Czech Republic Articie5 Warranty and liability 5 1 The Provider represents that a guarantee of 12 month is provided for the work The guarantee period starts on the day of signing notification of hand over of the work Page 529 eviden n slo smlouvy LP R s p 195 2014 PS 033 Contract No Provider 5 2 5 3 5 4 5 5 5 6 5 7 6 1 6 2 6 3 6 4 6 5 7 1 7 2 7 3 TA 7 5 7 6 The Customer shall notify the Provider about any defects of the work via telephone followed by mail or e mail notification The Provider shall eliminate the notified defects within time after Article 3 above The Warranty does not cover defects caused by unprofessional handling or non compliance with the instructions In case of breach of the warranty duties of the Provider the Customer has the right to eliminate the defect through a third person The costs related to such elimination shall be paid by the Contractor The warranty period shall be
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