HomeMy WebLinkAboutOrlando Business Telephone Systems, Inc.Service and Maintenance Addendum 2009 12 04 PROFESSIONAL SERVICES AGREEMENT
(Telephone System Service and Maintenance)
ADDENDUM
THIS ADDENDUM, made and entered into the last date indicated below, by and between the
CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose address is 1126
East State Road 434, Winter Springs, Florida (hereinafter the "City "), and ORLANDO BUSINESS
TELEPHONE SYSTEMS, INC., a Florida corporation, whose address is 4558 Southwest 35' Street,
#300, Orlando, Florida (hereinafter the "Contractor ").
RECITALS:
WHEREAS, the parties previously entered into a Professional Services Agreement on December
17, 2008 ( "Agreement "), which terminated on September 30, 2009; and
WHEREAS, Section 4.2 of the Agreement authorizes the parties to extend the term of their
Agreement for one (1) additional year; and
WHEREAS, the parties desire to exercise the renewal option and extend the term of the
Agreement for an additional one (1) year term as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency
of which is hereby acknowledged, it is agreed by the parties as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by
reference as a material part of this Addendum.
2.0 Term. The term of the Professional Services Agreement, is hereby extended until midnight on
September 30, 2010.
3.0 All Other Terms and Conditions. All other terms and conditions of the Professional Services
Agreement not expressly modified herein, shall remain in full effect and shall be enforceable as
provided therein.
4.0 Effective Date. The effective date of this Addendum shall be the last date signed below.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties cause this
Addendum to be executed and attested to by their respective authorized officials.
"CONTRACTOR" "CITY"
ORLANDO BUSINESS TELEPHONE CITY OF WINTER SPRINGS, FLORIDA
SYSTEMS, INC.
By: By: � �
K in L. Smi h, City Manager
Print Name: ., 4 -- - f S 44._.-i
Title: f ^_A- Date: December 4, 2009
Date: /( 2 -4 , 1)7
ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
(Telephone System Service and Maintenance)
T
City of Winter Springs
PROFESSIONAL SERVICES AGREEMENT
(Telephone System Service and Maintenance)
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into
this 17 thday of December 2008, by and between ORLANDO BUSINESS TELEPHONE
SYSTEMS INC., a Florida corporation ( "Contractor "), whose principal mailing address is 4558
Southwest 35 Street, #300, Orlando, Florida, 32811, and the CITY OF WINTER SPRINGS, a
Florida municipal corporation, ( "City "), whose principal mailing address is 1126 East State Road
434, Winter Springs, Florida, 32708.
WITNESSETH:
WHEREAS, the City desires to purchase from Contractor telephone system service and
maintenance for one year; and
WHEREAS, the City's purchase would terminate on September 30, 2009; and
WHEREAS, the City and Contractor desire to memorialize the terms and conditions of
the services to be provided as set forth in this Agreement; and
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good
and valuable consideration, the receipt and sufficiency all of which is hereby acknowledged, the
parties desiring to be legally bound do hereby agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by this reference.
2.0 Definitions. For purposes of this Agreement, the following terms and words shall have
the meaning ascribed to them, unless the context clearly indicates otherwise.
Agreement shall mean this Professional Services Agreement, as may be modified, which
shall constitute authorization for the Contractor to provide the Services stated herein to
the City.
City shall mean the City of Winter Springs, Florida, a Florida municipal corporation.
Contractor shall mean Orlando Business Telephone Systems Inc., its agents, employees
and contractors thereof.
Effective date shall mean October 1, 2008, the date on which this Agreement shall go into
effect.
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 1
Public Record is as described in section 119.011(11), Florida Statutes.
Services shall mean the performance of the Services outlined in Section 5.0 of this
Agreement.
Solution shall mean Contractor's products and services identified in "Exhibit B" of this
Agreement.
3.0 Engagement. The City hereby engages the Contractor and the Contractor agrees to
perform the Services outlined in this Agreement for the stated fee arrangement. No prior or
present agreements or representations shall be binding upon any party hereto unless incorporated
in this Agreement.
4.0 Term; Termination.
4.1 Terri. This Agreement shall become effective on October 1, 2008 and shall
terminate on September 30, 2009.
4.2 Renewal. A one (1) year renewal option may be exercised upon mutual written
agreement of the parties, pursuant to the original terms, conditions, and unit prices
provided herein. Any deviation or change shall be reduced to writing as an
amendment to this Agreement and shall be approved by the City. Renewal of the
Agreement shall be subject to the appropriation of funds by the City Commission,
and satisfactory performance of the Contractor.
4.3 Termination.
4.3.1 For convenience. The City, in whole or in part, may terminate the
performance of the Services under this Agreement whenever the City determines
that termination is in the City's best interest. Any such termination shall be
effected by the delivery to the Contractor of a written notice of termination at
least fifteen (15) days prior to the date of termination. The City shall pay all
reasonable costs incurred by Contractor up to the date of termination. Contractor
will not be reimbursed for any anticipatory profits that have not been earned to the
date of termination.
4.3.2 For cause. If either party fails to fulfill its obligations under this
Agreement properly and on time, or otherwise violates any provision of this
Agreement and fails to correct the breach within thirty (30) days following receipt
of written notice of such breach from the other party, the other party may
terminate this Agreement by written notice to the breaching party. The notice
shall specify the acts or omissions relied upon as cause for termination. If this
Agreement is terminated due to Contractor's breach, all finished or unfinished
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 2
work provided by Contractor shall, at the City's option, become the City's
property. The City shall pay Contractor fair and equitable compensation for
satisfactory performance prior to receipt of Notice of Termination Tess the amount
of damages caused by Contractor's breach. If the damages are more than the
compensation payable to Contractor, Contractor will remain liable after
termination and the City may affirmatively collect damages.
5.0 Scope of Services. Contractor agrees to provide the Services outlined in the "Scope of
Work" letter dated September 4, 2008, attached hereto as "Exhibit A," and fully incorporated
herein by this reference.
6.0 Compensation. For the performance and full completion of the Services specified
herein, City agrees to pay Contractor a sum not to exceed Eleven Thousand Six Hundred
Seventy-Six and no /100 Dollars ($11,676.00), inclusive of all reasonable and necessary direct
expenses as described in the Schedule of Equipment, "Exhibit B," attached hereto and fully
incorporated herein by this reference. For the performance of Additional Equipment
Maintenance, the Contractor shall be entitled to payment in the amount as described in "Exhibit
C," attached hereto and fully incorporated herein by this reference. The parties acknowledge
that the City has previously remitted payment for the Services received in the months of October
and November 2008 totaling One Thousand Nine Hundred Forty-Six and no /100 Dollars
($1,946.00.) The City shall remit payment to the Contractor pursuant to the payment schedule as
set forth below:
Term Amount Due Date Due
FY 2009 Q1 (December 2008) $973.00 December 31, 2008
FY 2009 Q2 (January — March 2009) $2,919.00 January 1, 2009
FY 2009 Q3 (April — June 2009) $2,919.00 April 1, 2009
FY 2009 Q4 (July — September 2009) $2,919.00 July 1, 2009
There shall be no other compensation due to Contractor for the Services provided under this
Agreement, unless specifically agreed to by the City and Contractor in writing, pursuant to
Section 18 of this Agreement. Payment shall be made to Contractor at 4558 Southwest 35
Street, Suite 300, Orlando, Florida 32811.
7.0 Professionalism. Contractor shall perform all Services required by this Agreement in a
manner and with the level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions.
8.0 Warranty of Professional Services. The Contractor hereby warrants unto the City that
it has sufficient experience to properly complete the Services specified herein or as may be
performed pursuant to this Agreement. In pursuit of any Services, the Contractor shall supervise
and direct the Services, using its skill and attention and shall enforce strict discipline and good
order among its employees and agents. The Contractor shall comply with all laws, ordinances,
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 3
rules, regulations, and lawful orders of any public authority bearing on performance of the
Services. The Contractor shall pay all taxes, fees, license fees required by law, including but not
limited to occupational fees and withholding taxes and assume all costs incident to the Services,
except as provided herein.
9.0 Additional Responsibilities /Duties.
9.1 City. The City shall secure for Contractor access to all areas of City's premises
for the purpose of this Agreement and shall provide adequate workspace as
required by Contractor. The City shall control and maintain the ambient
environmental conditions in which switching equipment and associated peripheral
equipment are installed at levels between 40F and 80F degrees, with humidity not
to exceed 80 %, and the equipment shall not be exposed to moisture or to
corrosive gases or materials. The City shall provide separate electrical outlets or
service connection circuit breaker restricted solely for the use of the system
during the term of this Agreement. The City agrees not to locate in close
proximity any other electronic system or electrical power equipment which may
cause interference or damage to the switching system or its peripheral or ancillary
equipment. The City shall not be required to relocate sprinklers or provide a
cover over equipment. The City acknowledges that headsets are not covered
under this Agreement.
9.2 Contractor. Contractor shall provide to the City the equipment required to
control and sustain the environment conditions pursuant to section 9.1 of this
Agreement, at the City's expense. Contractor shall perform all connection of the
equipment to the peripheral, ancillary, or similar devices provided by the City.
If single line telephones are included within the Schedule of Equipment and are
found defective, they shall be repaired or replaced by Contractor.
10.0 Services is a Private Undertaking. With regard to any and all Services performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and Contractor is such that the Contractor is an
independent contractor and is neither an agent nor employee of the City. Nothing in this
Agreement shall be interpreted to establish any relationship other than that of an independent
contractor, between the City, on one hand, and the Contractor, on the other hand, during or after
the performance of the Services under this Agreement.
11.0 Protection of Persons and Property: Insurance.
11.1 Coverage requirements. Upon the Effective Date of this Agreement, Contractor
shall provide proof of the following:
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 4
11.1.1 Worker's compensation insurance in accordance with the applicable
provisions of Florida law.
11.1.2 Contractual liability insurance with a combined single limit of $2,000,000
for each occurrence and $2,000,000 in the aggregate.
11.1.3 Commercial general liability insurance with a combined single limit of
$2,000,000 for each occurrence and $2,000,000 in the aggregate.
11.1.4 Automobile liability insurance in an amount not less than $1,000,000 for
injuries to any one (1) person, $1,000,000 on account of any one (1) accident, and
in an amount of not less than $1,000,0000 for property damages.
11.1.5 Employer's liability in an amount adequate to cover related assets.
11.2 General requirements. Contractor is solely responsible for procuring and
maintaining the insurance coverage required by this Section at its own expense and with
insurance companies authorized to do business in the State of Florida and as long as
reasonably available in the standard marketplace. The insurance coverage required by
this Section shall include the liability and coverage provided herein, or as required by
law, whatever requirements afford greater coverage. All of the policies of insurance so
required to be purchased and maintained for the certificates (or other evidence thereof)
shall contain a provision or endorsement that the coverage afforded will not be canceled
until at least thirty (30) days prior written notice has been given to the City and the
Contractor by mail. All such insurance shall remain in effect until final payment. Unless
agreed to by the City to the contrary, the City shall be named on the foregoing insurance
policies as "additional insured," except with regard to the professional liability coverage.
The Contractor shall cause its insurance carriers to furnish insurance certificates
specifying the types and amounts of coverage in effect pursuant hereto, the expiration
dates of such policies, and a statement that no insurance under such policies will be
canceled without thirty (30) days prior written notice to the City in compliance with other
provisions of this Agreement. For all claims that arise in connection with this contract,
Contractor will pay any insurance deductible for such claim. For all Services performed
pursuant to this Agreement, Contractor shall continuously maintain such insurance in the
amounts, type, and quality as required by this Section. In the event Contractor fails to
maintain said insurance, City, at its option, may elect to terminate this Agreement without
penalty by written notice to Contractor.
12.0 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, Contractor agrees, to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employee, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death) or liability (including reasonable
attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions,
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 5
intentional or otherwise, resulting from Contractor's performance of any Services provided
pursuant to this Agreement.
13.0 Governing Law; Venue. This Agreement shall be governed by the laws of the State of
Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties
agree that the Agreement was consummated in Seminole County, and the site of the Services is
Seminole County. If any dispute concerning this Contract arises under Federal law, the venue
will be Orlando, Florida.
14.0 Contractor's Representative. The Contractor shall designate an individual to act as a
representative for the Contractor under this Agreement with the authority to transmit
instructions, receive information, and make or interpret the Contractor's decisions. This person
shall be the Contractor's contract administrator. The Contractor may, from time to time,
designate other individuals or delete individuals with the authority to act for the Contractor under
this Agreement with the authority to transmit instructions, receive information, and make or
interpret the Contractor's decisions. All deletions or designation of individuals to serve as a
representative shall be given by written notice.
15.0 Notices. All projects hereunder, all notices, demands, requests, instructions, approvals,
and claims shall be in writing. Except as provided below, all notices of any type hereunder shall
be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the
below listed individuals, all to the following individuals at the following locations:
To City:
Joanne Dalka, Information Services Director
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
(407) 327- 5970(Phone)
w /copy to:
Anthony A. Garganese, City Attomey
Brown, Garganese, Weiss, & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802 -2873
(407) 425-9566 (Phone)
(407) 425 -9596 (Fax)
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 6
To Contractor:
John E. Fisher, President
Orlando Business Telephone Systems, Inc.
4558 S.W. 35 Street, Suite 300
Orlando, FL 32811
(407) 996 -1119 (Phone)
(407) 996 -6123 (Fax)
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid,
then notice shall be deemed to have been given upon the date said notice was deposited in the
U.S. Mail addressed in the manner set forth above. Notices relating to breach or termination of
this Agreement shall be delivered solely by US Postal Service certified mail, return receipt
requested, or by express mail courier (e.g. Federal Express), with proof of delivery retained.
Any party hereto by giving notice in the manner set forth herein may unilaterally change the
name of the person to whom notice is to be given or the address at which notice is to be received.
16.0 Public Record. It is hereby specifically agreed that any record, document, computerized,
information and program, audio or video tape, photograph, or other writing of the Contractor
related, directly or indirectly, to this Agreement and the Services provided hereunder, may be
deemed to be a Public Record whether in the possession or control of the City or the Contractor.
Said record, document, computerized information and program, audio or video tape, photograph,
or other writing of the Contractor is subject to the provisions of Chapter 119, Florida Statutes,
and may not be destroyed without the specific written approval of the City. Upon request by the •
City, the Contractor shall promptly supply copies of said public records to the City. All books,
cards, registers, receipts, documents, and other papers in connection with this Agreement shall at
any and all reasonable times during the normal working hours of the Contractor be open and
freely exhibited to the City for the purpose of examination and/or audit.
17.0 Interpretation. Both the City and the Contractor have participated in the drafting of all
parts of this Agreement. As a result, it is the intent of the parties that no portion of this
Agreement shall be interpreted more harshly against either of the parties as the drafter.
18.0 Modification of Agreement. This Agreement shall not be modified or amended except
by written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City.
19.0 Severability. If a word, sentence, phrase, clause or paragraph herein shall be declared
illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or paragraph
shall be severed from this Contract, and this Contract shall be read as if said illegal,
unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist.
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 7
20.0 Additional Assurances. The Contractor certifies that:
20.1 No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Services under this Agreement is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from participation in any Services required by this Agreement by any Federal, State, or
local governmental commission, department, corporation, subdivision, or agency;
20.2 No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Services under this Agreement, employee,
or agent has employed or otherwise provided compensation to, any employee or officer
of the City; and
20.3 No principal (which includes officers, directors, or executive) or individual
holding a professional license and performing Services under this Agreement, employee
or agent has willfully offered an employee or officer of the City any pecuniary or other
benefit with the intent to influence the employee or officer's official action or judgment.
21.0 Attorney's Fees. Should any litigation arise concerning this Agreement between the
parties hereto, the parties agree to bear their own costs and attorney's fees.
22.0 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements, either
oral or written, and all such matters shall be deemed merged into this Agreement.
23.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the
City's potential liability under state or federal law. As such, the City shall not be liable under
this Agreement for punitive damages or interest for the period before judgment. Further, the
City shall not be liable for any claim or judgment, or portion thereof, to any one person for more
than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof,
which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement.
24.0 Assignment. Neither party hereto may assign, convey, or otherwise transfer any of its
rights, obligations or interest herein without the prior written consent of the other party.
25.0 Supplemental Terms and Conditions. The Contractor's Maintenance Agreement, as
provided in "Exhibit C," shall apply to this Agreement. In the event of any conflict between the
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 8
provisions of this Agreement and the provisions of "Exhibit C," the provisions of this
Agreement shall govern and control.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of the date first written above.
Contractor:
ORLANDO BUSINESSS TELEPHONE
SYSTEM INC.,
By: /
`• hn E. Fisher, ' resident
City:
CITY OF WINTER SPRINGS, FLORIDA,
a Florida municipal corporation.
B 4„....C4P w ?s-
Ronald McLemore, Cif) Manager
PROFESSIONAL SERVICES AGREEMENT
City of Winter Springs / OBTS
Page 9
EXHIBIT
A
Mitel Phone System Maintenance and Service
V. SCOPE OF SERVICES
PROJECT SCOPE
Vendor shall provide all supervision, labor, equipment, and materials to perform
telephone system maintenance and support as indicated in this statement of work. The
work consists of maintaining, supporting, troubleshooting, repairing, configuring, and
correcting issues as related to the entire City of Winter Springs telephone system.
1. AVAILABILITY
Service shall be available to the City 24 hours per day, 7 days per week, 365 days
per year. City administrative office hours are generally 8am to 5pm but may vary
from one department to another. Public Safety is a 24/7 operation. Any issues that
inhibit their ability to place and /or receive calls must be considered an Emergency.
As well, it shall be considered an emergency if any part of the phone system is
inoperable and calls cannot be placed or received during normal working hours.
Phone system maintenance or work which requires the phone system to be
inoperable for any period of time shall be scheduled for after hours which typically
means before 8am or after 5pm. Vendor must be willing to perform work during off
hours when required by the City. All scheduling for any and all work to be done by
Vendor shall be coordinated with and approved by the City Information Services
Department.
2. MAINTENANCE OF EQUIPMENT, SOFTWARE, AND SYSTEM
Vendor agrees to maintain, in the current fiscal year's maintenance program, any
new phones purchased throughout that fiscal year in addition to existing phones
already included in the current year's contract. Maintenance duties and agreement
shall include but are not limited to the following:
A. Maintaining equipment and software listed in the Schedule of Equipment in
normal working order, provided such maintenance is necessitated by normal
usage. If the equipment fails to perform in normal usage, it will be repaired or
replaced with a comparable replacement at the expense of vendor.
B. Maintaining the City's call accounting system and shall re -new the Call
Accounting support subscription each year, at vendor's expense.
C. Programming of phones and extensions
D. Troubleshooting phone system
E. Moving of extensions
F. Phone system documentation
G. Phone system monitoring
H. Quality Control
I. System backup and disaster recovery preparedness
Mitel Phone System Maintenance and Service
3. RESPONSE TIME
Emergency situations include but are not limited to: complete system failure, tie -line
group out of service, major alarm on console, failure of attendant position, failure of
voice mail system involving the inability of callers to reach the City's main menus,
failure of public safety dispatch phones, and complete inability to receive incoming
calls or place outgoing calls on any segment of the phone system.
Non - Emergency issues are defined as all other issues that do not fit into the
category of Emergency. Response times to phone system issues are specked
below:
A. Emergency - 2 hours.
B. Non - emergency - next business day, excluding holidays.
4. RULES WHILE ON SITE
Vendor will be escorted while on site at all facilities and will be required to sign in at
the front desk if responding to do any work at the Public Safety Building.
5. TRAVEL TIME
The City shall not be charged travel time for any services.
6. SYSTEM BACKUPS AND DISASTER RECOVERY PREPAREDNESS
Vendor is responsible for maintaining a backup schedule and procedure that will
provide business continuity and recovery in the event of a hardware or software
failure or in the event of a natural disaster.
Requirements:
A. Vendor shall ensure that changes made to the phone and voice mail systems
within the last seven (7) days are not lost.
B. Backups shall be kept off site.
C. Backups may be set to run automatically; however, vendor must verify that each
backup was successful.
D. Backups shall be tested by vendor periodically.
E. Vendor shall supply and maintain battery backup device(s) for all equipment
required to maintain connectivity in case of power failure. Battery system should
be rated to maintain power for approximately 60 minutes.
7. PASSWORDS
Vendor shall update all of the phone system equipment with new usernames and
secure passwords, according to the guidelines below, which meet the CJIS Security
Policy guidelines for creating passwords. The Vendor shall provide the Information
Mitel Phone System Maintenance and Service
Services staff with documentation which cross references the old
passwords /usernames with the new passwords /usemames and to what system they
provide access. Guidelines for password creation are as follows:
A. Passwords shall be a minimum length of eight (8) characters.
B. Passwords shall not be dictionary word or proper name.
C. Passwords shall not be transmitted in clear text outside the secure domain.
8. PHONE SYSTEM LAYOUT DOCUMENTATION
Vendor shall create and continually update the phone system layout documentation
in Vizio and shall provide City Information Services staff with such documentation
whenever a change is made or whenever it is requested by City staff. Additional
documentation shall also be provided within the layout documentation such as:
A. An up -to -date inventory list of all existing and any new equipment and software
that is purchased throughout the year.
B. Which devices plug into each other.
C. IP addresses of all phone system components.
D. Components within components, i.e., types of cards that are inside the numerous
nodes around the City of Winter Springs.
E. How the entire system ties together.
F. How the system ties into the PRI or other telecommunication services.
9. PURCHASES OF NEW EQUIPMENT OR SOFTWARE
A. When new or additional equipment or software is requested by the City of Winter
Springs, vendor shall prepare a quote and send it to the requestor in a timely
manner. A purchase order must be received by vendor before ordering or
delivering any equipment or software. The exception to this rule is in the case of
an emergency at which time the Information Services Director or I.T. Coordinator
must approve the purchase in writing via email.
B. Vendor shall provide equipment at the lowest cost possible. If any of the
equipment is available on a state contract or through another agency's
negotiated or public bid, the vendor shall quote the lowest price of all available
sources when permissible by the particular contract.
10. PROGRAMMING
Vendor shall provide all programming services that may be necessary on the phone
system. Minimum required programming time should be no more than'/ hour (15
minutes) and any partial hours shall also be charged in ' hour increments.
11.REPORT SUBMISSIONS
Configuration and monitoring of system
Mitel Phone System Maintenance and Service
Vendor shall monitor and evaluate telephone system including call traffic and
recommend any necessary configuration changes that will improve the phone
system as a whole or any part thereof and /or that will provide a benefit to the City
of Winter Springs in the way of cost savings or efficiency. The analysis and
recommendation should be provided in writing to the City of Winter Springs
Information Services Director on a quarterly basis unless the recommendation
will resolve an urgent issue at which time the vendor shall make the necessary
recommendation(s) immediately.
o Reports of work completed
Vendor shall maintain a record of work completed each month and shall forward
a summary report listing the dates, locations, and description of work completed
for the previous month and should include any maintenance work as well. This
report shall be provided to the Information Services Director within five business
days after the end of each month for the previous month's activities.
12.QUALITY CONTROL
Vendor shall establish and maintain a quality control plan to ensure the requirements
of the contract are provided for as specified. The plan must be submitted, in writing,
as part of Vendor's bid package.
•
EXHIBIT
Schedule of Equipment
In accordance with the terms, conditions and specifications, the undersigned Vendor
hereby submits the following prices for supplying the City of Winter Springs with the
goods and/or services called for in RFP002 /09/JD.
Instructions: Vendor shall write the numerical amount in the right column in the cell
where indicated by a dollar ($) sign.
Mitel Telephone System Maintenance and Services
} 4 t r x ritQ of ent ar, pte4 a prtiiii
your price quote.ffor m aintenance
in this column ogre amour, per
.n++ '.� °!. =3 t Ta t r � • E/ /� y
= ':.?��. -:� d' '+i: �_ -. ,"_ `•.ii4 _.� . Y: _'t';s`:_ .. ...� �.' �e- K�yCLGGi,�C�� y`T 1 _
-
— ;ITc a a_ men ► a -nc
DSU Node
DNIC digital line cards (6)
ONS analog line card (1)
PRI digital trunk card $ 6,384.00
LS /GS trunk card
Mitel Mail voice mail system (16 port)
Metropolis Office Watch call accounting
system
E &M tie line cards (3)
Mitel Supersets 57
.1:qtatti Itrallitatall00 : .{
Mitel SX2000 peripheral node (2)
DNIC digital line cards (6) $ 3,132.00
ONS analog line card (1)
LS /GS trunk card
Mitel OPS Manager
Mitel Supersets (76)
Sumer Console 1000
Mitel Phone System Maintenance and service
Lz 1 a e1�> ea en 'Plant $216.00
Superset digital station hub
Mite/ Supersets 2
.._�.
Superset digital station hub $ 288.00
Mitel Supersets (8)
Mitel SIMM II analog module
. Pa Cc M ntemaflCe Bud fln
Superset digital station hub $ 240.00
Mitel Supersets (2)
Mitel SIMM II analog module (2)
This site will no longer have City telephone
equipment after 10/1 /08
Superset digital station hub $ 276.00
Mitel Supersets (5)
Mitel SIMM II analog module (2)
•
•
amfena a
Superset digital station hub (2) $ 1,140.00
Mites Supersets (21)
Mite/ SX2000 peripheral node
DNIC digital line cards
ONS analog line card
EXHIBIT
Mitel Phone System Maintenance and Service
:Additional _Equipment (Maintenance) =` _
The following equipment will be removed from our fire stations and may be appropriated
throughout the City as needed. This equipment shall be covered by submitted quotes.
From Fire Station 26:
• Superset digital station hub
• Mitel Supersets (9) $ 0.00
• Mitel SIMM II analog module (1)
From Fire Station 24:
• Mitel SX2000 peripheral node
• DNIC digital line cards (2) $ 0.0 0
• ONS analog line card
• LS /GS trunk card
• Mitel Supersets (18)
The following equipment will be removed from Central Winds Park Concessions and
may be appropriated throughout the City as of October 1, 2008. This equipment shall
be covered by submitted quotes.
• Superset digital station hub
• Mitel Supersets (1) $ 0.00
Amount (Vendor please provide
Equipment, services, tabor
gaur pacerE this calunrn i�or`
plricrng = _ fi$ted equ pment and services)
Mitel 4025 Telephone
$ 185.98
Mitel Phone System Maintenance and Service
Installation & configuration of Mitel 4025
$ 130.50
Programming cost per hour (for $ 87.00
programming not included with List minimum billable increment
maintenance) (i.e., 1 /4 hour, 1 /2 hour, etc.):
1 / 4 Hour
Labor per hour — during regular working $ 87.00
hours (for labor not included with List minimum billable increment
maintenance) (i.e., 1 /4 hour, 1 /2 hour, etc.):
1/4 Hour
Labor per hour — before or after regular $ 130.50
working hours (for labor not included with List minimum billable increment
maintenance) (i.e. 1 /4 hour, 1 /2 hour, etc.):
1/4 Hour
Labor per hour — holidays (for labor not $ 130.50
included with maintenance) List minimum billable increment
(i.e. 1 /4 hour, 1/2 hour, etc.):
1/4 Hour
Vendor shall list other Mitel telephone sets that they recommend for use with the City's existing
telephone system, please include the model and price in the table below.
=M�te� Telephone Equipment Price Installation Price,_
Model
None $ $
$ $
$ $
$
$ $
$ $
}
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PROFESSIONAL SERVICES AGREEMENT
(Telephone System Service and Maintenance)
SECOND ADDENDUM
THIS SECOND ADDENDUM ( "Second Addendum "), made and entered into the last date
indicated below, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal
corporation, whose address is 1126 East State Road 434, Winter Springs, Florida (hereinafter the "City "),
and ORLANDO BUSINESS TELEPHONE SYSTEMS, INC., a Florida corporation, whose address
is 4558 Southwest 35` Street, #300, Orlando, Florida (hereinafter the "Contractor ").
RECITALS:
WHEREAS, the parties previously entered into a Professional Services Agreement and
Addendum thereto (collectively "Agreement ") for the provision of telephone system service and
maintenance; and
WHEREAS, the current term of the Agreement expires on September 30, 2010 and the parties
desire to extend the term of the Agreement on a month -to -month basis as the City evaluates and pursues
upgrading its telephone system within the next fiscal year; and
WHEREAS, the parties desire to extend the term of the Agreement and additionally modify the
Agreement pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency
of which is hereby acknowledged, it is agreed by the parties as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by
reference as a material part of this Second Addendum.
2.0 Term. Commencing on October 1, 2010, the term of the Agreement shall continue on a month -
to -month basis at the sole option of the City, but in no case shall the term of this Agreement
continue beyond September 30, 2011.
3.0 Compensation. The City shall remit payment to Contractor for October 2010 no later than
October 15, 2010. For each additional month this Agreement remains in effect, the City shall
remit payment to Contractor no later than the first day of the month. The City's payment to
Contractor shall serve to notify Contractor of City's intent to continue the term of the Agreement
for an additional month.
4.0 All Other Terms and Conditions. All other terms and conditions of the Agreement not
expressly modified herein, shall remain in full force and effect.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties cause this
Second Addendum to be executed by their respective authorized officials.
[EXECUTION PAGE FOLLOWS]
SECOND ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
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e
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CONTRACTOR: CITY:
ORLANDO BUSINESS TELEPHONE CITY OF WINTER SPRINGS, FLORIDA
SY EM , I A
By: _ 11/ By: l - _. .&_., -
K m L. Smit , City Mat ger
Pri #m :
Nr)hn E ish-e.r-
Title: —Pc e 0 en Date: /d /ry l /O
Date: I D _h --/ 0
SECOND ADDENDUM TO
PROFESSIONAL SERVICES AGREEMENT
Page 2 of 2