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HomeMy WebLinkAboutContract 48175 CITY SECREAW , C ON T T SEP 2 0 2016 AFFILIATED [) A L L A S AVAYA BUsINESSPARTNER MAINTENANCE AGREEMENT 1. This Maintenance Agreement, hereinafter, referred to as the "Agreement' between Affiliated Telephone, Inc. (hereinafter"ATI") and the City of Fort Worth (hereinafter"Buyer") is effective as of October 1, 2016. City of Ft. Worth 1000 Throckmorton Ft. Worth,TX 76102 Equipment Type: Avaya Voice Network Equipment/Avaya Data Network Equipment 2. TERM AND SCOPE OF SERVICES ATI shall provide service for the Avaya Voice equipment and Avaya Network equipment identified in Appendix A commencing October 1,2016 and continuing through September 30,2017. 3. EQUIPMENT AND CONTRACT DESCRIPTION CONTRACT OPTION 7 days/24 Hours Emergency Service 4. AGREEMENT It is agreed to and understood that this Agreement constitutes the entire Agreement between the parties, and supersedes and replaces all other prior understanding or agreements relating to equipment and services covered by this Agreement. This Agreement may not be changed, modified or varied except by the specific written and signed approval by authorized representatives of both parties. It is understood and agreed by and between the parties hereto, that if there OFRECORD CITE'SECRETAR d FTo )Rrt1;.ext AGREEMENT (cont.) is any conflict between this Agreement and client's purchase order, or any other document, this Agreement will govern. 5. SERVICE SCHEDULE—VOICE EQUIPMENT Support for the City of Fort Worth Avaya voice equipment identified on page 1 of Appendix A is provided by ATI 7 Days X 24 Hours. Requests for support should be made by calling ATI at (972) 852-4013. A. Standard Service -Monday thru Friday, 8:OOA.M. to 5:00 P.M. A ticket will be opened upon report of problem and customer shall be contacted by an ATI Technician within 4 hours of problem report. For problems that can be resolved by ATI, every attempt will be made to resolve these problems within four hours of time that customer was contacted by an ATI. B. Emergency Service is defined at 25% of the "Buyer's" system out-of-service, Fust trunks of the "Buyer's" main line out-of-service, a console out-of-service, CallPilot out-of-service, Symposium/Contact Center out-of- service, Signaling Server out-of-service, Network Routing Server out-of-service or previously identified pending major service affecting outage and will be dispatched within 2 hours of call-in time, 7 Days X 24 Hours. Dispatch for the purpose of this contract is defined as a technician is on his way to customer site. 6. SERVICE SCHEDULE—DATA NETWORK EQUIPMENT Support for the City of Fort Worth Avaya data network equipment identified on page 3 of Appendix A is provided directly by Avaya 7 Days X 24 Hours. Requests for support on Avaya data network equipment should be made by calling Avaya at 800-4AVAYA and reference Site ID: 13255. 2 6. SERVICE SCHEDULE-DATA NETWORK EQUIPMENT (continued) NMTEL Nortel Networks Support Services Nortel Data Network Equipment Service Terms and Conditions Software Managed On-Site with Spares Services Services Pack City of Fort Worth Software Release Same Business Next Business 4 Hour(7x24) Subscription- Day Service Day(5x12) Service Plus Service Service Model Number GU6300000 GJ6300000 GK6300000 GN6300000 Hardware& Hardware& Hardware& 7x24 Phone Support Yes Operational Operational Operational Software Software Software Priority Phone Access to TSC(Over Non- Yes Yes Yes Yes Contract Customers) Unlimited TSC Callers No Yes Yes Yes Major&Minor Software Releases Applications& Operational Only Operational Only Operational Only Operational Software Software Patches Yes(does not include Yes Yes Yes billable patches) Electronic Support Yes Yes Yes Yes Return-To-Factory Parts Shipment to Customer No No No No Site Advance Parts Shipment to Customer Site No Yes Yes Yes Same Part or Like Part Delivered to Customer No Like Like Like On-site Labor No Yes Yes Yes 4 hour same day Next business day parts&labor(No'Amer hour same day parts . parts&1 abor(No. &labor(No.Amer if Amer if site within Amer if site within site within 50 mi of Response Time No 250 mi.of parts 50 mi of parts t 6 hrs 51 parts depot,6 hrs 51- depot; see depot 100 mi);see availability matrix mi);see availability availability matrix rest of world) matrix rest of rest of world) world) Mon-Fri Mon-Fri (excluding holidays) 7AM-7PM North (excluding holidays) Service Coverage Period No America. See 7AM-7 P North 7-day-a-week,24- Service Definition America local time hour-a-day Document for rest of (8AM-8PM rest of world. world) 3 7. EXCLUSIONS This Agreement does not include equipment lost, stolen, or damaged due to negligence, tampering, misuse, accident, or resulting from electrical storms, lightning due to violent weather, power outages or failure to maintain proper equipment environment nor the labor associated with the repair or replacement of these parts. Exclusions are also covered on page 1 of Appendix A. 7a. A system audit will be performed within 30 days of signed agreement, at which time any equipment or repairs will be noted and it will be the customers responsibility to replace or repair said item. If customer does not agree to replace or repair said item, this item may be excluded from coverage under the terms of this maintenance agreement. 8. MANUFACTURER SUPPORT Most Avaya voice platforms require an Avaya support agreement in order to access 2nd level manufacturer support. Avaya Software Support can be purchased through Affiliated for all software that has not reached End of Life (EOL) status. On all EOL releases, limited support from the manufacturer is available on a Time &Material basis. Affiliated will continue to support EOL releases for equipment at our normal contracted response times. Avaya Product Avaya Support Agreement required for rd Level Manufacturer Support Avaya Aura Yes Avaya CS 1000 Yes Avaya IPO Yes Avaya BCM Yes Manufacturer discontinued, end of life and out of warranty systems that require Avaya 2nd level support will be billed at Avaya's normal billable rate. Affiliated will obtain customer approval prior to engaging Avaya for 2nd level support. 9. LIMITATIONS OF LIABILITY ATI will be liable and responsible for any and all property loss, property damage and/or personal injury, including death, to any and all persons, of any kind or character, whether real, or asserted, to the extent caused by negligent act(s) or omission(s), malfeasance or intentional misconduct of ATI, its officers, agents, servants or employees. 4 10. TERMINATION In the event of a breach or failure to perform obligation under the contract, written notice shall be provided and the party responsible for the failure shall be given 30 days to cure the default. Failure to cure would provide the other party the right to terminate. In any case either party has the right to terminate, without cause, upon 60 days advance written notification. 11. AUTHORIZED REPRESENTATIVES Hugo Carbaial Lead Tech Support Analyst CUSTOMER CONTACT A TITLE Mark Ferguson Sr. Communication Tech. CUSTOMER CONTACT B TITLE ATI will receive and dispatch from the Buyer's representatives identified above to verify that ATI has been requested by an acceptable Buyer's contact. 12. CUSTOMER SERVICE REPRESENTATIVE Courtney Battles Customer Service Representative Darlene Hamm Customer Service Representative The "Buyer" contact when calling in service problems can direct calls to any of these customer service representatives. 13. Governing Law This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. TOTAL—City of Fort Worth Voice &Data Network Equipment Maintenance $73,095.00—Avaya Data Network Equipment specified in Appendix A commencing Oct. 1, 2016 and continuing through September 30, 2017. $26,065.86 —Avaya Voice Network Equipment specified in Appendix A commencing Oct. 1, 2016 and continuing through September 30, 2017. 5 14. NON-APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify"ATI" of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 15. RIGHT TO AUDIT ATI agrees that Buyer shall, until the expiration of three(3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of ATI involving transactions relating to this Agreement at no additional cost to the Buyer. ATI agrees that the Buyer shall have access during normal working hours to all necessary ATI facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The Buyer shall give ATI not less than 10 days written notice of any intended audits. 16. FORCE MANURE The Buyer and ATI shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 17. DISCLOSURE OF CONFLICTS ATI hereby warrants to the Buyer that ATI has made full disclosure in writing of any existing or potential conflicts of interest related to ATI's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, ATI hereby agrees immediately to make full disclosure to the Buyer in writing. 6 18. INDEPENDENT CONTRACTOR It is expressly understood and agreed that ATI shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the Buyer Subject to and in accordance with the conditions and provisions of this Agreement, ATI shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. ATI acknowledges that the doctrine of respondeat superior shall not apply as between the Buyer its officers, agents, servants and employees, and ATI its officers, agents, employees, servants, contractors and subcontractors. ATI further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between Buyer and ATI . It is further understood that the Buyer shall in no way be considered a Co-employer or a Joint employer of ATI or any officers, agents, servants, employees or subcontractors of ATI Neither ATI nor any officers, agents, servants, employees or subcontractors of ATI shall be entitled to any employment benefits from the Buyer. ATI shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractors. 19. INDEMNIFICATION ATI HEREBY COVENANTS AND AGREES TO IMDEMNIFY, HOLD HARMELSS AND DEFEND THE BUYER, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAI NST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO ATI'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF ATI, ITS OFFICERS,AGENTS,SUBCONTRACTORS,SERVANTS OR EMPLOYEES. 20. ASSIGNMENT AND SUBCONTRACTING ATI shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the Buyer If the Buyer grants consent to an assignment, the assignee shall execute a written agreement with the Buyer and ATI under which the assignee agrees to be bound by the duties and obligations of ATI under this Agreement. ATI and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the Buyer grants consent to a subcontract, the subcontractor shall execute a written agreement with ATI referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of ATI under this Agreement 7 as such duties and obligations may apply.ATI shall provide the Buyer with a fully executed copy of any such subcontract. 21. GOVERNMENTAL POWERS It is understood and agreed that by execution of this Agreement, the Buyer does not waive or surrender any of its governmental powers. 22. NO WAIVER The failure of the Buyer or ATI to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the Buyer's or ATI's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 23. WARRANTY OF SERVICES ATI warrants that its services will be of a professional quality and conform to generally prevailing industry standards. Buyer must give written notice of any breach of this warranty within thirty(30) days from the date that the services are completed. In such event, at ATI's option,ATI shall either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or(b)refund the fees paid by the Buyer to ATI for the nonconforming services. SIGNING SECTION On this day, , we The"Buyer" want the Vendor"(ATI)" top orvi¢e Telecommunication Service to our company. N me UY 1 APPROVED AS TO FORM AND LEGALITY. usan Alanis Assistant City UMWTitle �• Asslstan Ity Attorne��, N2�scra�ZeY A� reed o by "ATI" Representative. i Name(ATI) o� Title ®a © ;a OFFICIAL RECORD CITY SECRETARYS g•� ¢� � 0o0� �5�1 �Tv WORTH9 , APPENDIX A TERM: October 1, 2016 through September 30, 2017 for Avaya Voice &Data Network Equipment and Juniper Network Equipment CLIENT NAME: City of Ft. Worth ADDRESS: 1000 Throckmorton CITY, STATE, ZIP: Ft. Worth, TX 76102 CUSTOMER CONTACT: Mark Ferguson PHONE NUMBER: 817-392-6040 TYPE OF CONTRACT OPTION A SPECIFIC EXCLUSIONS: NONE PREMIUM CONTRACT—SWITCH AND PHONES COVERED—7X24 COVERAGE APPENDIX A -AVAYA VOICE EQUIPMENT TYPE & SERVICES PRICING ,Number of Active Port per Ports Avaya Voice System Location/Type Month Monthly Annual 472 911 BOLT ST/CS 1000E $1.25 $590.00 $7,080.00 124 ANIMAL CONTROUSUCCESSION BRANCH OFFICE $1.25 $155.00 $1,860.00 1051 BELKNAP/CS 1000M SG $1.25 $1,313.75 $15,765.00 340 CENTRAL DIVISION/CS 1000E $1.25 $425.00 $5,100.00 460 CITY HALUCS 1000M MG $4.00 $1,840.00 $22,080.00 155 MEACHAM/CS 1000S $1.25 $193.75 $2,325.00 188 SCADA $1.25 $235.00 $2,820.00 242 VILLAGE CREEK $1.25 $302.50 $3,630.00 96 CALLPILOT $6.25 $600.00 $7,200.00 TEXAS DIR CONTRACT DIR-TSO-2654 TOTAL $73,095.00 TERM-October 1, 2016-September 30, 2017 APPENDIX A—VOICE EQUIPMENT SERVICES DESCRIPTION 1. Complete PBX Coverage ■ Covers all systems and components (M1, CS 1000, Signaling Servers, Network Routing Server Symposium Contact Center, Call Pilot, OTM, Avaya Telephone Sets) ■ Covers all service labor 2. Alarm Monitoring—Sight Event Buffer to monitor alarms for each PBX ■ Major alarms are reported to ATI 7 Days X 24 on M1/CS 1000 Systems 3. Guaranteed Response Times ■ 2 Hour Emergency ■ 4 Hour Normal Response i 4. Discounted Labor Rate of$ 95.00/hour for system adds, moves, and changes 5. Provide engineering for any upgrades/expansions 6. ATI has provided a Avaya crash kit that is restocked and kept in customer inventory— approximate value $50,000.00 7. Preventive Maintenance Services —Requested or scheduled preventative maintenance program. ■ System Diagnostics ■ System Clean Up Twice Yearly ■ Database Back Up ■ UPS Health Check 8. Additional Provided Services ■ Trouble Ticket Reporting ■ All software patches as identified and recommended by ATI and agreed upon by customer. ■ SEB Alarm Monthly Reporting ■ Monthly/Quarterly Meeting ■ Provide requested System Software Audit Information ■ Requested Avaya Product Bulletins and New Product Introduction Information APPENDIX A -AVAYA NETWORK EQUIPMENT TYPE & SERVICES PRICING Oty Part Number Description Each Extended AVAYA DATA NETWORK EQIPMENT COVERAGE 2 GN6300186 MGD ONSITE SVC 4HR 24X7 8600 6 SLOT CHAS $11,294.13 $22,588.26 2 GN6300AR7 MGD ONSITE SVC 4HR 24X7 SECURE RTR 3120 $794.88 $1,589.76 2 GN6300BM5 MGD ONSITE SVC 4HR 24X7 SR3120 MOD DS3 T3 $943.92 $1,887.84 TEXAS DI CONTRACT DIR-TSO-2654 TOTAL $26,065.86 TERM -October 1, 2016-September 30, 2017 APPENDIX A - AVAYA DATA NETWORK EQUIPMENT SERVICES DESCRIPTION 1. 7 X 24 Telephone Support 2. Priority Phone Access to TSC (Over Non-Contract Customers) 3. Unlimited TSC Callers 4. Major&Minor Software Releases —Operational Only 5. Software Patches 6. Electronic Support 7. Advance Parts Shipment to Customer Site 2 8. Same Part or Like Part Delivered to Customer 9. On-site Labor 10. Response Time (GN6300XXX) - 4 hour same day parts &labor (if site within 50 mi of parts depot, 6 hrs 51-100 mi) 11. Service Coverage Period(GN6300XXX) - 7-day-a-week, 24-hour-a-day 12. Response Time Terms/Conditions (GN6300XXX) - No Prerequisites Apply (begins upon RMA being issued by Avaya) d 3 M&C Review CITY COUNCIL AGENDA FoRT 'ORTII COUNCIL ACTION: Approved on 12/15/2015 REFERENCE,, 04AFFILIATED TELEPHONE DATE: 12/15/2015 NO NAME: MAINTENANCE AGREEMENT- AVAYA EQUIPMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Maintenance Agreement for Voice and Data Preventative Maintenance and Support Services with Affiliated Telephone, Inc., for a Combined Annual Amount of$307,217.00, Using Department of Information Resources Contracts with Avaya Inc., and Juniper Networks, Inc., for the Information Technology Solutions Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Maintenance Agreement for voice and data preventative maintenance and support services with Affiliated Telephone, Inc., for a combined annual amount of$307,217.00, using Department of Information Resources Contract No. DIR-TSO-2654 with Avaya, Inc., and Department of Information Resources Contract No. DIR- TSO-2641 with Juniper Networks, Inc., for the Information Technology Solutions Department. Affiliated Telephone, Inc., is an authorized reseller of Avaya, Inc., and Juniper Networks, Inc., products and services. DISCUSSION: The City's existing telephone system is a Nortel Private Branch Exchange (PBX) Communications System purchased in 1997. Nortel was purchased by Avaya, Inc., and the current Nortel PBX will no longer be continued. This PBX System is currently in operation at most City facilities and provides public access to our citizens. However, all components of the current network and telephone systems are at the end-of-life and the City has experienced great difficulty obtaining refurbished replacement parts and equipment for the systems. Failure to maintain the PBX System could have a range of negative impacts, including endangerment to public safety due to disruption in service between the City and the public. On June 16, 2015, the City Council approved Mayor and Council Communication (M&C) C-27346 authorizing a Professional Services Agreement with Presidio Networked Solutions Group, LLC, for equipment and professional services for the purpose of beginning the replacement of the City's network and telephone systems. This M&C requests authorization for continual monitoring services, routine voice and data maintenance, and system support provided by Affiliated Telephone, Inc., for the current Avaya telephone software and equipment and Juniper Networks, Inc., for network communication equipment during the transition of the City's network and telephone system to a Presidio Networked Solutions system. The full build-out and migration is expected to take 18 months to complete. The Department of Information Resources (DIR) is authorized to offer the Cooperative Purchasing Program to state agencies, public institutions of higher learning, public school districts and local .apps.cfwnet.org/council.packet/mc_review.asp?ID=21691&councildate=12/15/2015[12/16/2015 10:36:41 AM] M&C Review governments. A local government that purchases goods and services under the Interlocal Cooperation Act satisfies otherwise applicable competitive bidding requirements. M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance, because the purchase of goods or services are from source(s) where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE INCREASE - An administrative change order or increase may be made by the City Manager, or his designee, for the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS - Upon City Council's approval, this Agreement will begin on October 1, 2015 and expire on September 30, 2016. RENEWAL OPTIONS -This Agreement may be renewed for up to one additional one-year term in accordance with the terms of the respective DIR contract. This action does not require specific City Council approval provided that the City has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Fiscal Year 2016 budget includes appropriations in the amount of$254,048.00 in the Voice Services Section and the amount of$297,872.00 in the Data Services Section of the Information Systems Fund for the contractual services account. As of December 8, 2015, the amounts of $250,851.00 and $198,663.00, respectively, remain in these accounts. Upon approval of this recommendation, the Financial Management Services Director certifies that funds are available in the current operating budget as appropriated of the Information Systems Technology Fund. TO Fund Department Account Project Program I Activity I Budget Reference# Amount ID 1D Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) .601051 0046010 5330201 $250,851.00 601051 0046030 5330201 $56,366.00 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Kevin Gunn (8781) Additional Information Contact: Ron Burke (2655) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21691&councildate=12/15/2015[12/16/2015 10:36:41 AM]