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HomeMy WebLinkAboutOrlando Business Telephone Systems, Inc. Maintenance Agreement -2008 10 08Orlando Business Telephone Systems, Inc. 4558 S. W. 35t" Street, Orlando, Florida 32811 Maintenance Agreement Orlando Business Telephone Systems, Inc., hereinafter referred to as OBTS, and The City of Winter Springs hereinafter referred to as the Customer, hereby agree as follows: This is a Two Month contract and shall begin October 1, 2008 and end on November 30, 2008. The Customer shall pay to OBTS the amount of $2,465.34 for the two month period with payment being due and payable upon presentation of an invoice. Said payment is based upon the equipment listed in the Schedule of Equipment, and any changes to the quantities or types of equipment may affect the amount of the payment. OBTS will maintain the equipment 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 at the option of OBTS and/or it authorized agent (s). Headsets are not covered under this maintenance agreement. OBTS will make emergency service available on a seven day a week basis and will endeavor to respond to emergency service calls within two hours of receiving said call. Excluding holidays, OBTS will endeavor to respond to normal or non- emergency service calls on the business day following the day OBTS received said non-emergency call. Emergency service calls are defined as such situations as complete system failure, tie-line group out of service, evidence of a major alarm, failure of all attendant positions, and complete inability to receive incoming calls or to place outgoing calls. All other service calls are defined as normal or non-emergency service calls. Customer shall secure for OBTS access to all areas of Customer's premise for the purposes of this contract and shall provide adequate workspace as required by OBTS. Customer agrees to 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. Equipment required to control and sustain these environmental conditions shall be provided at the expense of the Customer. Customer agrees to provide separate electrical outlets or service connection circuit breaker restricted solely for the use of the system during the term of this contract. Customer agrees not to locate in close proximity any other electronic Page 1 of 5 OBTS Maintenance Agreement City of Winter Springs 2008 system or electrical power equipment which may cause interference or damage to the switching system or its peripheral or ancillary equipment. Customer will not be required to relocate sprinklers or provide a cover over the equipment. Thus, any damage due to water leakage will not be covered under the terms of this contract. Connection of the equipment to peripheral, ancillary, or similar devices provided by Customer or by another vendor shall be performed only by OBTS: however, this type of work is not covered under the terms of this contract and is therefore billable at OBTS prevailing labor and material rates. Should Customer cause or allow any person or agency other than OBTS to perform any work on the equipment or affix any peripheral, ancillary, or other device to the equipment, and should this cause OBTS to incur expense to rectify any problems which arise as a result thereof, OBTS shall invoice Customer and Customer shall immediately pay OBTS for such repairs, at OBTS prevailing labor and material rates. Maintenance service to the equipment and/or service calls necessitated by power failure or power fluctuation or by the failure of peripheral, ancillary, or other equipment or by problems in service, lines, or trunks provided by Customer's local or long distance telephone company (ies) are not covered under this contract and shall be billed to Customer at OBTS prevailing labor and material rates. Customer shall be responsible for damage to or failure of the equipment caused by Customer's failure to adhere to the terms and conditions of this contract, and OBTS will charge the Customer for labor and/or materials required to repair or replace the damaged or failed equipment a OBTS prevailing labor and material rates. Damage to the equipment caused by abuse, misuse, neglect, fire, water, lightning, power failure, power surges, or power fluctuations will not be covered under this contract. If single line telephones are included in the Schedule of Equipment herein and found defective, they will be repaired or replaced, at the option of OBTS. Service calls which result in "no trouble found" diagnosis are not covered under the terms of this contract and will be billed to the Customer at OBTS prevailing labor and material rates. Payments shall be made to OBTS at its Orlando, Florida address or at such other address as OBTS may notify Customer. Should Customer fail to pay any of the payments provided herein within ten days after the due date thereof, OBTS shall Page 2 of 5 OBTS Maintenance Agreement City of Winter Springs 2008 have the options of withholding performance of maintenance and/or charging interest on such delinquent payment at the expiration of said ten days until paid at the highest rate of interest allowable by law. If Customer fails to make any payment hereunder when due or fails to perform any of the covenants or conditions on its part to be performed or if a bankruptcy or insolvency proceeding is filed by or against Customer or if Customer makes an assignment for the benefit of creditors, OBTS shall have the right to consider Customer in breach of this contract and, in addition to all its other rights, OBTS shall have the right to cancel this contract. In the event of such cancellation, and in addition to any unpaid amounts accrued to the date of cancellation, Customer shall remain liable to OBTS for all damages, losses, and expense resulting to OBTS from such breach and cancellation. Customer and OBTS will pay their own cost and expenses, including reasonable attorney's fees, incurred by OBTS and the City of winter Springs in exercising any of it's rights or remedies hereunder or in enforcing any of the terms, conditions, or provisions hereof. OBTS will exercise all reasonable efforts in furnishing the services and furnishing parts and equipment provided herein, but shall not be liable for delays or failures caused by Acts of God, Government, labor difficulties, failure of transportation, or other causes beyond the control of OBTS, or for interruption in the operation of the equipment. In no event shall OBTS be liable for special, indirect, incidental or consequential damages whether in contract, tort, or negligence. This contract may be canceled by either party upon athirty - (30) day written notice to the other party. Should either party opt to cancel this contract, OBTS agrees that Customer's most recent quarterly payment shall be prorated and that Customer shall be reimbursed for any unused prorated amount of such payment. Such reimbursement shall be paid to Customer within 30 days of the effective date of cancellation. Upon expiration of the initial term of this contract, it may be renewed by mutual consent of OBTS and Customer. This contract may not be transferred, assigned or sold by OBTS without written notice and only with consent of the City Commission for the City of Winter Springs. This contract is transferable by customer, with OBTS' prior written consent, which consent shall not be unreasonably withheld. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to the agreement, exclusive jurisdiction shall be in the trial courts located in Seminole County, Florida and any objections as to jurisdiction or venue in such courts being expressly waived. OBTS is a licensed and Insured Business and will be able to perform such services provided by the agreement with the City of Winter Springs. Page 3 of 5 OBTS Maintenance Agreement City of Winter Springs 2008 Maintenance Agreement Schedule of Covered Equipment For The City of Winter Springs Police Department: $ 6,834.00 Mitel SX 2000 PBX w Peripheral Node DSU Node DNIC Digital Line Cards (6) ONS Analog Line Card (1) PRI Digital Trunk Card LS/GS Trunk Card Super Console 1000 16 Port Mitel Mail Voicemail System Universal Power Supply Metropolis Office Watch Call Accounting System E&M Tie Line Card (3) Mitel Supersets (57) City Hall: $ 3,900.00 Mitel SX2000 Peripheral Node (2) DNIC Digital Line Cards (6) ONS Analog Line Card (1) LS/GS Trunk Card Universal Power Supply Mitel OPS Manager Mitel Supersets (76) Fire Station 26: $ 408.00 Superset Digital Station Hub Mitel Supersets Mitel SIMM II Analog Module (9) (1) Under Warranty Fire Station 24: $ 1,416.00 Mitel SX2000 Peripheral Node DNIC Digital Line Cards (2) ONS Analog Line Card (1) LS/GS Trunk Card Universal Power Supply Mitel Supersets (18) Water Treatment Plant: $ 336.00 Superset Digital Station Hub Mitel Supersets (2) Page 4 of 5 OBTS Maintenance Agreement City of Winter Springs 2008 Central Winds Park: $ 1,032.00 Parks Department Superset Digital Station Hub Mitel Supersets (8) Mitel SIMM II Analog Module (1) Under Warranty Parks Maintenance Superset Digital Station Hub (1) Mitel Supersets (2) Mitel SIMM II Analog Module (2) Under Warranty Parks Concession Superset Digital Station Hub (1) Mitel Supersets (1) Public Works & Utilities: $ 458.00 Superset Digital Station Hub (2) 1 -Under Warranty Mitel Supersets (21) 13 -Under Warranty Mitel SX2000 Peripheral Node (1) Under Warranty DNIC Digital Line Cards (1) Under Warranty ONS Analog Line Card (1) Under Warranty APC SUA750XL UPS (1) Under Warranty APC BR800 UPS (1) Under Warranty SENIOR CENTER: $ 408.00 Superset Digital Station Hub Mitel Supersets (5) Mitel SIMM II Analog Module (2) Under Warranty Billable Rates : Normal operating hours are from 8:00 AM to 5:00 PM Monday Through Friday and billable work will be billed at $87.00 per hour. After hours, weekends & holidays will be billed at a time & a half rate of $130.50 per hour. Service and installation rates are the same. Billable and non-billable conditions are outlined in this agreement. Agreed To And Accepted: Orlando Business Telephone System Authorized Sigr~fature ~ John Fisher, President Print or Type Name and Title September 16, 2008 Date The City of Winter Springs Authorized Signature Ronald W. McLemore, Citv Manager Print or Type Name and Title October 8, 2008 Date Page 5 of 5 OBTS Maintenance Agreement City of Winter Springs 2008