R21-002 1 RESOLUTION NO. R20-002
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING UTILIZING THE CITY OF NEWPORT
5 NEWS, VIRGINIA CONTRACT NUMBER 19-3441-00 FOR THE
6 PURCHASE OF MITEL SOFTWARE AND HARDWARE SUPPORT
7 SERVICES FROM IPC TECHNOLOGIES IN THE AMOUNT OF
8 $10,531.05 AND AUTHORIZE THE CITY MANAGER TO SIGN
9 THE SUPPORT AGREEMENT AND PIGGY-BACK CONTRACT;
10 AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, during the February 3, 2015 City Commission meeting,the purchase
13 of a new Mitel phone system was approved through Forerunner Technologies,Inc.RFP No.
14 068-1510-14/JMA, which included 5-years of maintenance and support with the option of
15 an additional 3-years of maintenance and support; and
16 WHEREAS,this proposed software and hardware support agreement is direct with
17 IPC Technologies which leverages the company's local support presence(regional office in
18 Boca Rator; two qualified technicians on-site), reducing response time related to phone
19 system issues,and improve the City's overall phone services; and
20 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a
21 City of Newport News, Virginia Contract number 19-3441-00 for the purchase of Mitel
22 software and hardware support services from IPC Technologies in the amount of
23 $10,531.05.
24 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
27 as being true and correct and are hereby made a specific part of this Resolution upon
28 adoption.
29 Section 2. The City Commission of the City of Boynton Beach, Florida. hereby
30 approves and authorizes the Piggy-Back of City of Newport News, Virginia Contract
S:\CA\RESO\Agreements\Piggy-Back(Newport News)-IPC Technologies-Mitel-Reso.docx
31 number 19-3441-00 for the purchase of Mitel software and hardware support services from
32 IPC Technologies in the amount of$10,531.05.
33 Section 3. The City Manager is authorized to sign the support agreement and piggy-
34 back contract,copies of which are attached hereto and incorporated herein as Exhibits"A"
35 and "B"respectively.
36 Section 4. That this Resolution shall become effective immediately.
37 PASSED AND ADOPTED this 5th day of January,2021.
38 CITY OF BOYNTON BEACH, FLORIDA
39 YES NO
40
41 Mayor—Steven B. Grant
42
43 Vice-Mayor—Ty Penserga ✓
44
45 Commissioner—Justin Katz ✓
46
47 Commissioner—Woodrow L. Hay
48
49 Commissioner—Christina L. Romelus
50
51 VOTE 5 -(�
52 ATTEST:
53 /
54 ft/I/ /iL ��� � J
55 Jrystal Gibson MC
560 City Clerk
57
58
59 (Corporate Seal)
•
•
T
1 0'4 0'4 1 ( •
S:\CA\RESO\Agreements\Piggy-Back(Newport News)-IPC Technologies-Mitel-Reso.docx
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CONTRACT 009-1510-21RW
BETWEEN
CITY OF BOYNTON BEACH AND IPC TECHNOLOGIES, INC.
FOR
MITEL PHONE SYSTEM MAINTENANCE
This Contract is made as of this 5th day of January, 2021 by and between IPC
CHNOLOGIES, INC. with a principal address 7200 Glen Forest Dr. Suite 100, Richmond,
rginia 23226 and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a
.'ling address of Post Office Box 310, Boynton Beach, FL 33425 (the"City").
RECITALS
WHEREAS, in order to maintain Mitel Phone System Maintenance for the City, the
C ty's Finance Department is requesting the City enter into a Contract with IPC
T CHNOLOGIES, INC. to perform Mitel Phone System Maintenance; and
WHEREAS,IPC TECHNOLOGIES, INC. has agreed to allow the City to piggy-back the
C ty of Newport News, Virginia Contract pursuant to Contract No. 19-3441-00 to provide Mitel
P one System Maintenance in the amount of$10,531.05 annually based on Contract No 19-3441-
3 08 for a one (1)year term commencing October 02, 2019, with an option to renew at the City's
sale discretion, for four(4) additional one year periods through October 01, 2025; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
o er valuable consideration received, the receipt and sufficiency of which are hereby
a� owledged, the parties agree as follows:
CONTRACT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
C 4 ntract.
Section 2. The City and IPC TECHNOLOGIES, INC. agree that IPC TECHNOLOGIES,
. shall provide MITEL PHONE SYSTEM MAINTENANCE in the amount of$10,531.05
• ually based Exhibit"A" City of Newport News, Virginia Contract No. 19-3441-00 for a term
co encing January 5th through October 01, 2021, a copy of which is attached hereto as Exhibit
"i " and Exhibit "B" IPC Partner Plan-City Contract:19-3441-3608, except as hereinafter
pr vided:
A. All references to the City of Newport News, Virginia Contract No 19-3441-00
shall be deemed as references to the City of Boynton Beach.
B. In the event that the City of Newport News, Virginia Contract No 19-3441-00 is
amended,or terminated, IPC TECHNOLOGIES, INC.. shall notify the City within
ten (10) days. In the event the City of Newport News, Virginia Contract No 19-
Page 1
PI YBACK AGREEMENT 009-1510-21/RW
3441-00 is amended or terminated prior to its expiration,this Contract shall remain
in full force and effect,and not be deemed amended or terminated,until specifically
amended or terminated by the parties hereto.
C. IPC TECHNOLOGIES, INC.. agrees that in the event it enters into a Contract for
the same (or substantially similar)scope of services with another local government
in Florida which contains a term or condition, including fees, charges or costs,
which the City determines to be more favorable than the terms in this Contract,the
parties shall enter into an Addendum to provide those terms to the City.
D. The insurance required shall require that the Certificate of Insurance name the City
of Boynton Beach as an additional insured.
E. In all other aspects,the terms and conditions of the City of Newport News,Virginia
Contract No 19-3441-00 Contract No./RFP No. are hereby ratified and shall
remain in full force and effect under this Contract, as provided by their terms.
F. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 /Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
Notices to Vendor shall be sent to the following address:
Lisa Munford
IPC TECHNOLOGIES, INC.
7200 Glen Forest Drive, Suite 100
Richmond, Virginia 23226
Email: Imunford@ipctech.com
Phone: 813-210-8259
G. The following terms and conditions are hereby incorporated into the Contract:
Page 2
P1 GYBACK AGREEMENT 009-1510-21/RW
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and, following completion of the contract, Contractor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of
public records, in a format that is compatible with the information technology systems of
the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVE. BOYNTON
BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
S RUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Contract, Contractor certifies that Contractor is not participating in a
bi ycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies
th:t Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on
th- Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
C.ntractor been engaged in business operations in Syria. Subject to limited exceptions provided
Page 3
P11 GYBACK AGREEMENT 009-1510-21/RW
in state law, the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
Contractor does not demonstrate that the City's determination of false certification was made in
e-ror then the City shall have the right to terminate the contract and seek civil remedies pursuant
WI Section 287.135, Florida Statutes, as amended from time to time.
DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Contract, which cannot be resolved through negotiations, shall be submitted to a court of
cpmpetent jurisdiction in Palm Beach County, Florida. This Contract shall be construed under
F orida Law.
EXECUTION OF THE CONTRACT. This Contract will take effect once signed by both parties.
This Contract may be signed by the parties in counterparts which together shall constitute one
a ld the same Contract among the parties. A facsimile/digital signature shall constitute an original
silgnature for all purposes.
DATED this (S.-- day of P—Ceti L - , 20 2 .
C TY OF BOYNTON BEACH IPC TECHNOLOGIES, INC.
ye /A_
Lori LaVerriere, City Manager ign ture of Authorized Official
e k_,
Printed Name/of Authorized Official
Attest/Authenticated: fre s;I�r I
474-1-4. . Q (Corporate Seal)
Cryal Gbson, City Clerk ••'
Approved as to Form: BOY_st/Authenticated:
P �n
�� ' 1 J) �i�✓►Cly(f'
J mes A. Cherof, City Attorney Witness
Page 4
P1C1GYBACK AGREEMENT 009-1510-21/RW
EXHIBIT A
CONTRACT NO. 19-3441-00
BETWEEN
CITY OF NEWPORT NEWS,VIRGINIA
AND
IPC TECHNOLOGIES,INC.
Page 5
PI4 YBACK AGREEMENT 009-1510-21/RW
EXHIBIT B
IPC PARTNER PLAN-CITY CONTRACT:19-3441-3608
Page 6
P11 YBACK AGREEMENT 009-1510-2I/RW
Mitel Warranty Support Agreement
IPC - Mitel Warranty Support Services Agreement- Attachment to Contract#: 19-3441-3608
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH IPC TECHNOLOGIES, INC
("IPC")AGREES TO PROVIDE ANNUAL HARDWARE SUPPORT AND SOFTWARE LICENSE SUPPORT SERVICES
FOR THE MITEL IP VOICE COMMUNICATION SYSTEM. BY SIGNING BELOW AND ACCEPTING THE SERVICES
AND SUPPORT DESCRIBED ON ITS INVOICE, CUSTOM AGREES TO BE BOUND BY AND ACCEPT THESE TERMS
AND CONDITIONS. THIS AGREEMENT IS BETWEEN THE CUSTOMER AND IPC TECHNOLOGIES.
1. Definitions
1.1. After-Hours. All hours that are not included in On-Hours.
1.2. Business Day. Monday through Friday inclusive, excluding Holidays.
1.3. Holidays. - IPC observes the following calendar days in the United States as holidays, New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
1.4. On-Hours. Between 7:00 am and 6:00 pm, Eastern Standard Time on every Business Day
1.5. System. The Mitel MiVoice Connect, MiVoice Business and MiVoice Office Voice Communication
System. See Exhibit C for City of Boynton Beach equipment located at 100 E Ocean Ave,
Boynton Beach, FL 33435.
1.6. Time of Coverage. Unless otherwise agreed in writing and signed by IPC and Customer, the period
of support hours is stated in the Exhibit A- IPC Mitel Service Program Data Sheet.
1.7. International. Any Mitel product installed in a country other than the United States of America is
defined as an international deployment. Unless otherwise agreed to in writing and signed by IPC and
Customer, Mitel support is only available for Mitel products in countries where Mitel products are
certified for use by Mitel. Customer acknowledges that IPC or Mitel may not nor is obligated under
this Agreement to have a local service or sales presence in any particular foreign country. This
extends to but is not limited to service centers, replacement part stocking locations and training
centers.
2. Installation
2.1. Network Readiness. IPC and Mitel recommend a network assessment prior to installing the System.
Support assistance, which in IPC's judgment could have been avoided by an assessment, will be
billed at IPC's standard hourly rates listed in Exhibit A.
2.2. Installation and Configuration. An installation plan is essential for a successful installation of the
Mitel System. To ensure a successful installation, assessment and planning support, installation
services are built in and purchased by the Customer as part of the overall contract for the Mitel IP
Communications System. In the event Customer elects to perform all or part of the system
installation without on-site installation assistance or remote installation assistance from IPC, and
supplemental assistance is required from the IPC CSC, Customer may be charged an hourly rate set
forth on IPC's then current price list for installation services. In the event that installation assistance
requested by the Customer is ultimately determined by IPC to be directly attributable to third party
issues (e.g., Telco, network configuration, cabling, DHCP configuration), IPC will charge the
Customer at an hourly rate, set forth on IPC's then current price list for professional services listed in
Exhibit A.
3. Support
3.1. Authorized Contacts. IPC Technologies Support provides authorization for specific Customer
employees to engage IPC's CSC. The Authorized Contacts may contact the CSC by telephone or by
sending email. The number and names of specific Authorized Contacts Customer may designate and
Customer's entitlement to CSC services are identified in Exhibit A- IPC Mitel Service Program Data
Sheet. Direct end-user support, provided by IPC's CSC, is available with purchase of Managed IPC
support(see Exhibit 5).
Moves adds and changes are offered with purchase of Managed IPC Support(see exhibit 5).
Otherwise, moves, adds and changes are offered at IPC's then current T&M rates listed in Exhibit A.
IPC Mitel Support Services Agreement 1
3.2 Third Party Issues. In the event that System or product issues assigned to IPC are ultimately
determined to be third party issues the Customer may be charged an appropriate hourly rate from
IPC's then current price list for IPC's efforts. IPC will make every effort to ensure that Customer shall
receive a disclosure of all proposed charges and shall approve such charges in advance. Customer
acknowledges that root cause determination may only be identified as third party related after a
period of investigation and Customer will be responsible for time spent for all non-System related
investigation. This includes changes to the system made by Customer. If Managed Support is
purchased, all charges will be covered under the managed services agreement(see Exhibit 8).
3.3. Telephone Support and E-Mail Support. Telephone Support and E-Mail Support is available during
On-Hours. Any provisions for After-Hour or Holiday support are outlined in Exhibit A - IPC
Technologies Service Program Data Sheet. For International Deployments, unless otherwise agreed
to in writing and signed by IPC and Customer, service identified in Exhibit A- IPC Technologies
Service Program Data Sheet, are available during IPC On-Hours.
3.4. Hardware Support. Hardware support includes the support described above plus overnight
replacement of failed Mitel units. Requests for overnight replacements must be received by no later
than 2:00 pm Eastern Standard Time. Entitlement to hardware replacements and replacement
hardware delivery commitments are outlined in Exhibit A- IPC Technologies Service Program Data
Sheet. For International Deployments, unless otherwise agreed to in writing and signed by IPC and
Customer, Hardware Maintenance Advanced Exchange Service identified in Exhibit A -IPC
Technologies Service Program Data Sheet, shall be delivery via reasonable efforts utilizing the most
expedient shipping method available at the time the part replacement is requested by Customer.
3.5. Response Standards. Response standards define the level of support that can be expected by IPC
Technologies Customer. IPC's commitments surrounding these standards are defined in Exhibit A -
IPC Technologies Service Program Data Sheet.
3.6. Premium Technologies Support. Premium Technologies Support may be purchased in addition to the
Standard IPC Technologies Support described in this Agreement for the price set for the on IPC's
then current price list. Premium support adds the remote labor warranty component of a service
agreement. If Customer has purchased Premium Support, the terms thereof are set forth as Exhibit
B to this agreement and by this reference such Service is incorporated herein and made part thereof;
nothing herein shall relieve Customer of its obligation to pay for such Service.
3.7 Managed Technologies Support. Managed Technologies Support may be purchased in addition to the
Standard IPC Technologies Support described in this Agreement for the price set for the on IPC's
then current price list. Managed Technologies Support includes full remote management and end-
user helpdesk services for an outsourced managed solution. If Customer has purchased Managed
Support, the terms thereof are set forth as Exhibit B to this agreement and by this reference such
Service is incorporated herein and made part thereof; nothing herein shall relieve Customer of its
obligation to pay for such Service.
3.8. On-Site Services. On-site support services are beyond the scope of this IPC Technologies Support
Agreement and are available and may be purchased for the price set forth on IPC's then current price
list as shown in Exhibit A.
4. Software
4.1. Software Updates and New Releases. IPC Technologies Customers will receive new software releases
and applicable software maintenance updates during the term of the agreement as defined in Exhibit
A- IPC Technologies Service Program Data Sheet. Unless IPC's Managed Technologies Support
has been purchased in advance, installation of such software releases is a billable event. Software
support does not entitle the Customer to new software that is designed to add additional applications
or to provide functions that were not included in the software originally licensed. Such new software
may be licensed separately from IPC.
5. Customer Responsibilities
5.1. Help Desk. Customer shall establish their Help Desk as the support interface with IPC. Unless IPC's
Managed Technologies support option has been purchased(see Exhibit 8), employees who bypass
the Help Desk will be referred to the Customer's Help Desk by IPC CSC staff.
5.2. Authorized Contacts. Customer shall designate specific IPC Authorized Contacts within their Help
Desk. Prior to contacting the IPC CSC for system assistance, each authorized contact will receive
initial Mitel product training and updated training. Customer shall maintain the responsibility of
IPC Mite!Support Services Agreement 2
notifying IPC Contract Administration via fax, mail, or email in the event changes to the Customer's
previously designated Authorized Contacts are required. With purchase of Managed Technologies
Support, any end user many contact IPC's CSC for assistance(see Exhibit B).
5.3. On Site Contacts. In situations in which the Customer has multiple locations Customer shall provide
at least one individual per location to work with IPC personnel to resolve cases if initial efforts to
resolve the incident with the Customer's Help Desk are unsuccessful. These contacts can be system
administrators and/or trainers that have received training.
5.4. Access. IPC reserves the right to remotely access Customer's system to a) review the final
installation for quality assurance purposes, b) provide remote installation support, and/or c)for
system auditing and license compliance reviews. Customer may elect to provide this access to the
Mitel IP Voice Communication System server as well as any remote-control software on the server as
specified by IPC; provided, however, if Customer does not elect to provide remote access, IPC shall
charge Customer fees for on-site access in accordance with IPC's then current price list.
5.5. Maintenance of Systems. Customer shall maintain the Switch room cable plant, Mitel server,
including software updates, client PC's LAN/WAN equipment, telephone sets, and all other third-party
products or applications unless aforementioned maintenance is separately purchased from IPC.
6. Term and Termination
6.1. Term. The initial term of this agreement will commence on the date product is first accepted by
Customer and will have a term of 1 year unless a multi-year contract is purchased.
6.2. Renewal. At the end of the initial term, this Agreement will renew for a term specified by the
customer at the time of renewal. Renewal price is based on product list price at the time of purchase
and at IPC's then list price for the current IPC Technologies Support plan.
6.3. Termination. Either party may terminate this Agreement upon 30 days'prior written notice to the
other 30 days before the expiration of any 1-year term.
7. Pricing and Payment Terms
7.1. Price. Unless otherwise agreed by IPC and Customer in writing, pricing for the IPC Technologies
Support plan is based on pricing set forth on IPC's then current price list.
7.2. Add-On Purchases. Support for all add-on purchases will be billed at the time of shipment, pro-rated
for the remaining term, and at the same rate of the IPC Technologies Support agreement in effect at
the time of purchase. All applicable taxes, if any, will be billed at the time Support Charges are
invoiced.
7.3. Payments. Terms are specified in initial contract and paid in advance for any additional support
contract periods. Accounts thirty (30) days past due will be subject to a monthly charge at a rate
equal to the lesser of one and on-half percent (1.5%) per month or the maximum legal rate
permitted under the applicable law. Payment for the entire term of the agreement is due prior to the
beginning of the term for which services are to be performed for all renewals.
8. Limited Warranty. IPC shall use its reasonable, best efforts to provide the support services defined in
this Agreement and warrants that such services shall be performed in a professional manner. IPC will
make available a list of supported hardware platforms, operating systems, database versions, and other
third-party software products for both the Mitel server software and Mitel client software and this warranty
covers only the configurations set forth in this list. This warranty is contingent upon Customer's
adherence to these supported configurations and following the proper installation and support practices
and procedures in which the System was intended. EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTY, IPC MAKES NO WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLED,
STATUTORY, OR OTHERWISE, AND IPC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. Unauthorized Equipment. It is IPC's policy to not extend IPC Technologies Support or provide software
for any Mitel equipment purchased from an unauthorized third party.
10. Limitation of Liability. IN NO EVENT SHALL IPC BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF
DATA, COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICE, UNAUTHORIZED CALLS THAT MAY
BE MADE USING THE SYSTEM AND CHARGED TO THE CUSTOMER, ANY TELEPHONE TOLL FRAUD, OR ANY
OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON
IPC Mitel Support Services Agreement 3
ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY) OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE SUPPORT CHARGES WERE
DETERMINED BASED UPON THE FOREGOING LIMITATION OF LIABILITY.
11. Miscellaneous
11.1.Governing Law. The laws of the United States and the State of Florida, County of Palm Beach,
without reference to conflict of law principles, govern this Agreement. Any dispute between the
Customer and IPC regarding this Agreement will be subject to the exclusive venue of the state and
federal courts in the State of Florida and the County of Palm Beach.
11.2.Entire Agreement; Severability. This Agreement is the entire agreement between Customer and IPC
with respect to support services provided by IPC and supersedes any other verbal or written
communications or advertising. If any provision of this Agreement is held invalid, the remainder of
this Agreement will continue in full force and effect.
11.3.Force Majeure. IPC is not liable for any failure or delay in performance due to any cause beyond its
control. In any event, if IPC's ability to deliver services is impaired by Customer or circumstances
beyond IPC's control, IPC may terminate this Agreement, in which event; Customer will receive a
refund for any unused portion of the Service term for which it had paid.
IPC Mite!Support Services Agreement 4
IPC Technologies Service Agreement EXHIBIT A:
Program Data Sheet
Technologies Feature Program Provides
Customer Success Center
Hours of Operation 7:00 am - 6:00 pm EST
After Hours Support Yes
Case Management Yes
Authorized Contacts Yes - See Form
Email requests issuereport@ipctech.com
Phone requests (804) 285-9300
Web Requests http://www.ipctech.com/support
Response Times See Escalation and Response Time
descriptions below
Hourly Rates for Service $135/hr.
Software Subscription Services
Software Updates Yes
Published Patches and Fixes Yes
Hardware Maintenance Services
Extended Warranty Available, optional
Advanced Exchange (Next Business Available, optional
Day Delivery)
Normal Workday Support: IPC resources will be available to perform remote
network & phone support services and other related IS work as required five days
per week between the hours of 7:00am and 6:00pm, excluding holidays.
Onsite Support: IPC resources will be available to perform network support services
and other related network and phone support as required five days per week
between the hours of 8am and 6pm, excluding holidays.
After normal work hours: Except for general maintenance upkeep, no after hours,
weekend, or holiday support is provided in the base services offering. Should the
client desire such services, IPC can provide support according to agreed upon rates.
Support can be provided between the hours of 6pm to 7:00am Monday - Friday and
24 hours on weekends and Holidays. IPC observed holidays are New Year's Day,
Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day.
Emergency Services: IPC is available for emergency services 24x7. Additional
charges may apply.
IPC Mitel Support Services Agreement 5
I. Escalation
CSC Technical personnel:
General support requests are typically handled immediately. CSC personnel will
escalate to a level 2 engineer upon a thorough review and triage of the reported
issues, and completed the steps defined the CSC General Troubleshooting guide.
Level 2 Personnel
Level 2 engineers will escalate to Level 3 engineer within 2 hours of an
unresolved P1 occurrence. For critical malfunctions affecting large numbers of
users, IPC will schedule an on-site technician once the determination is made
that an on-site visit is necessary to resolve the issue.
Level 3 Personnel
Level 3 engineers will escalate to the Mitel TAC manager within 4 hours of an
irresolvable P1 occurrence.
After-Hours, Weekends, and Holidays
With advance notice, after-hours escalation will be provided on a best effort basis
using same escalation path indicated above. Emergency after-hours support will
be provided on a best effort basis. Available personnel will be notified via e-mail
and phone call and will attempt to remediate the issue with in 30 minutes by
phone or be on-site within 4 hours of the initial, after-hours trouble notification.
II. Response time
Standard Business hours
• Response time to respond to network/phone failures upon notification to
Customer Success Center
o Urgent- immediately
o Normal- At time of receipt of notification. Live answer to telephonic
requests provided at greater than 90%
o Action includes any of the following: remote remediation of device,
notification to appropriate client personnel, dispatch of engineer to the
client or branch location, notification of failure to third party vendor or
other mutually agreed upon entity whose actions are likely to result in
system repair
After Business hours
Emergency after-hours support will be provided on a best effort basis. Available
personnel will be notified via phone call and e-mail and will attempt to remotely
remediate the issue with in 30 minutes. On-site emergency support will be
handled on a case-by-case basis. Without prior, advance notification, no
guarantee is made to after-hours support personnel.
IPC Mitel Support Services Agreement 6
Authorized Contacts
The following contacts are service/support contacts and are your internal support team.
They will have access to the IPC Customer Success Center for Mitel related requests.
Company
Address
Address
City, State, Zip
Phone
Fax
Authorized Contact #1
Name
Title
Phone number
Fax number
Email address
Authorized Contact #2
Name
Title
Phone number
Fax number
Email address
Authorized Contact #3
Name
Title
Phone number
Fax number
Email address
Authorized Contact #4
Name
Title
Phone number
Fax number
Email address
Authorized Contact #5
Name
Title
Phone number
Fax number
Email address
Authorized Contact #6
Name
Title
Phone number
Fax number
Email address
IPC Mitel Support Services Agreement 7
IPC Technologies Service Agreement EXHIBIT B:
Mitel Standard, and Managed Support
Service Standard Managed
Authorized User Help Desk Yes Yes
Mitel Hardware troubleshooting Yes Yes
Software Upgrade packages Yes Yes
Hardware exchange of failed switches/phones Yes Yes
Remote Labor Warranty included for break / fix Yes Yes
Third Party liaison (telco carrier, etc), post install No Yes
Network troubleshooting for voice components No Yes
System monitoring, management and alerting No Yes
Monthly reporting of service requests No Yes
Monthly reporting of monitored services No Yes
System backups No Yes
Elective moves, adds, changes (MACS) * No Yes
*Users, groups, class of service, voice mail, trunk access, schedules, work groups, auto-
attendant modifications on demand by authorized users only. Project and Contact
Center related changes are not included.
*Direct End-User help Desk is available at an additional charge.
IPC Technologies Service Agreement EXHIBIT C:
Mitel Equipment/Software Covered in Standard or Managed Support: (software
assurance will be billed separately)
(3)MiVoice Business Software(MiVB)
(3)Mitel Border Gateway (MBG)
(1)MiCollab
(1)MiContact Center(MiCC)
IPC Mitel Support Services Agreement 8
IPC Technologies Standard Service Agreement EXHIBIT D:
Standard Maintenance Agreement: $ 10,531.05* annually, plus applicable tax. Terms
stated below.
*Pricing is based on Contract 19-3441-3608
Terms:
Note: Software Assurance (SWA) is NOT included. Once Partner Change is activated for
$500 one time fee (not included above), IPC Tech will advise City of Boynton Beach if SWA is
current. If not, see Quote#: 109587 for estimated renewal of SWA.
Print Customer Name: CITY OF BOYNTON BEACH
BY:
Name: LORI LA RRIERE
Title: CITY MANAGER44&
FORMDates:
/id
Dates: / I C) / CO j Acs{. crry ATmRNEy
IPC Technologies, Inc.
By:
Date:
IPC Mite!Support Services Agreement 9
Addendum—Chapter 119
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically,the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and, following completion of the contract,
Contractor shall destroy all copies of such confidential and exempt records remaining
in its possession once the Contractor transfers the records in its possession to the
CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to
the CITY, all public records in Contractor's possession All records stored
electronically by Contractor must be provided to the CITY, upon request from the
CITY's custodian of public records, in a format that is compatible with the
information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD. BOYNTON
BEACH, FLORIDA, 33435.
561-742-6061.
GIBSONC@BBFL.US
IPC Mite!Support Services Agreement I n
Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135
and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott
of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities
in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has Contractor been engaged in business operations
in Syria. Subject to limited exceptions provided in state law,the City will not contract
for the provision of goods or services with any scrutinized company referred to
above. Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of
notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error then
the City shall have the right to terminate the contract and seek civil remedies pursuant
to Section 287.135,Florida Statutes, as amended from time to time.
EFFECTIVE DATE: This Agreement will take effect once signed by both parties. This Agreement may be
signed by the parties in counterparts which together shall constitute one and the same agreement among the
parties. A facsimile signature shall constitute an original signature for all purposes.
IPC Mitel Support Services Agreement 11