04-07-2020 - AGENDA ITEM 04 CONSIDERATION OF AGREEMENT FOR MAINTENANCE OF CITY PHONE SYSTEMAGENDA ITEM NO.4
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 7, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AGREEMENT FOR MAINTENANCE OF CITY PHONE SYSTEM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to negotiate and execute a two-year Master
Maintenance Agreement with up to three one-year extensions with Maverick Networks, Inc. in the amount of
$24,000 per year (a total of $120,000.00) for maintenance of the Citywide Mitel VoIP phone system.
BACKGROUND:
On February 20, 2018, the City Council approved an agreement with Maverick Networks, Inc. ("Maverick") for
Maverick to provide professional services to install and maintain the Mitel Voice-Over-IP (VoIP) system.
Maverick was awarded the contract out of seven (7) companies that responded to a request for proposal
(RFP) that was released on December 7, 2017. This system replaced the 1998 analog phone system that was
previously end -of -life. Since installation of the Mitel phone system (which includes hundreds of phones across all
departments, including special connections for Fire, Police and 911 Dispatch), Maverick has provided service
maintenance and support for all the equipment and software essential to keeping the City phone system running.
DISCUSSION:
As with all enterprise technical systems, the City contracts for maintenance and service in order to keep the systems
running. This achieves the highest possible life out of the City investment. The Mitel VoIP system requires
frequent software updates and occasional hardware troubleshooting expertise which Maverick has provided. The
need for maintenance and service only grows as the system begins to age. Maverick has also provided
expertise for the City when needed to work with other phone service providers.
Attachment No. 1 is the quote for a two-year agreement and up to three automatic one-year extensions
to extend the current maintenance and service support with Maverick. This will provide a continuity of
VolP support, an important element in sustaining the vital phone system for City business.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed agreement and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation;
2. Request a proposal from an alternative vendor; or
3. Provide alternative direction.
Prepared by: Shawn Granger, IT Manager
Fiscal Impact
FISCAL IMPACT:
There is sufficient funding in the existing Information Technology Budget (Account Number 110.13.1340.6130)
for the annual cost plus the additional $6000 for the 2020-21 year. The budget for the following years will
increase by $6000 to cover the added support and services needed.
Attachments
ATTACHMENT NO. 1 - Maintenance Agreement
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Facilities and Infrastructure
25-Feb-20
,*-Xe ATTACHMENT No. 1
maverick NETWORKS I h Master Maintenance Agreement
by and between
Maverick Networks City of West Covina
7060 Koll Center Pkwy 0318 Pleasanton, CA 94566 and 1444 West Garvey Ave., West Covina, CA 91790
This agreement is entered into between Maverick Networks hic. (hereinafter referred to as "Maverick Networks") and
City of West Covina (hereinafter referred to as "Customer").
It is intended to constitute a master agreement the terns and conditions of which shall govern the routine telecommunications and/or network
service relationship between Maverick Networks and Customer.
1) Entire Agreement: This Agreement contains the entire agreement between the parties with regard to the subject matter hereof, and
supersedes all prior discussion or agreements between the parties, whether oral or written. Maverick Networks is not bound by any
representation or inducements not set forth herein.
2) Term of Agreement : The term of this Agreement shall be for a (2) year period commencing on the first (1st) day of the contract
period found on Schedule "A", and shall be renewed automatically for up to three (3) successive one (1) year terms therafter until terminated in
writing as provided herein. Each renewal of this Maintenance Agreement shall be subject to the same terms and conditions herein contained
except that the service fee due Maverick Networks for each renewal period shall be at the rate then charged by Maverick Networks for similar
maintenance services. Either party may terminate this Agreement by giving the other parry written notice of termination thirty (30) days prior to
any anniversary date.
3) Maintenance Fee: The fee for maintenance services to be performed under this agreement is based upon the current configuration of the
telecommunications and/or network systems at the relevant Customer facilities. This amount and the terms of payment are set forth in the
attached Schedule "A". Itemized lists of the equipment to be covered at each Customer facility are also included in Schedule "A". However,
whenever a substantial system reconfiguration occurs mid -year, either Maverick Networks or Customer may request a recalculation. A
substantial system reconfiguration is defined as an increase or decrease of at a minuet 25% of the system capacity of working components.
4) Maintenance Services to Be Performed: Maverick Networks agrees to furnish all parts and labor required to maintain the equipment in
good working condition, without charge, during Maintenance Coverage Hours as described on the attached Schedule A. Service required outside
of the Maintenance Coverage Hours will be subject to our standard charges as set forth in Schedule A. Maverick Networks agrees to replace or
repair equipment parts as necessary without additional charge to Customer. Replacement parts may include reconditioned parts. Maintenance
parts will be furnished on an exchange basis, and the parts that are replaced become the property of Maverick Networks. Service provided under
this Agreement does not guarantee uninterrupted operation. Software upgrades that are non -emergencies will be a planned interrupted operation
and scheduled after hours. In addition:
a) Maverick Networks will provide assistance with all large adds, moves and changes on either a bid or a time and materials basis;
b) Maverick Networks will provide all new equipment and equipment not covered under this service agreement at its discounted
maintenance contract customer pricing;
c) Customer will provide certain station level equipment and materials required for its remedial service such as jacks and cable;
Maverick Networks will provide any required supplemental station level equipment on a time and materials basis.
5) Excluded Services: Maintenance service under this Agreement does not include any service after the equipment has been serviced, repaired,
moved or relocated by other than Maverick Networks or authorized Maverick Networks agent. Maintenance service also does not include repair
or service required as a result of:
a) neglect, theft, or accidental damage of the equipment;
b) alterations or modifications to the equipment performed by other than Maverick Networks or authorized Maverick Networks agent;
c) However, Maverick Networks accepts that Customer's own personnel will perform routine maintenance to the systems, but retains
the right to charge for labor time required to correct such changes if necessary.
d) the failure of Customer to provide and maintain a suitable installation environment at all facilities as prescribed by Maverick
Networks (including, but not limited to, proper electrical power, air conditions, or humidity control);
e) the use of supplies or materials not meeting Maverick Networks' specifications;
f) the use of the equipment for purposes other than those for which it was designed;
g) electrical work external to the equipment or service connected with equipment relocation, reconfiguraton or additions;
h) cutoff of services to Customer by any utility;
i) acts of God.
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'�j 25-Feb-20
6) Response Times: Maverick Networks will respond with remedial telephone initiated action to non -emergency telephone maintenance
requests by the close of business, 5 PM PST, next business day. If on -site maintenance is determined to be required in non -emergency situations,
Maverick Networks will provide this on -site maintenance by the close of business, 5 PM PST, next business day of the determination that it is
required. In emergency situations, Maverick Networks will respond with remedial telephone initiated action within three (3) hours. If on -site
maintenance is determined to be required in emergency situations, Maverick Networks will provide this on -site maintenance within three (3)
hours of the determination that it is required.
6a) Emergencies Defined: 1. Complete System Failure; 2. Inability to make or receive calls; 3. More than ten (10) stations are totally
inoperable; 4. Call Center (ACD) group failure; 5. Attendant position failure; 6. Entire Trunk Group inoperative; 7. Any multi user (two or more)
outage lasting longer than six (six) business hours; 8. System restarts and/or reboots; 9. Major System Alarm. All other Service Requests shall be
deemed Non -Emergency maintenance.
7) Equipment Access: In the performance of all services set forth herein, Maverick Networks shall have, and Customer shall hereby grant,
full and unrestricted access to the premises on which the equipment is located. Maverick Networks' responsibility to repair shall be limited to
Customer's side of the point of connection between Customer's equipment and the utility service or long distance carriers.
8) Taxes: In addition to the charges due under this Agreement, Customer agrees to pay amounts equal to any taxes resulting from the
Agreement or any activities hereunder exclusive of taxes based upon Maverick Networks' net income. To the extent that Customer is exempt
from any such taxes; Customer shall provide Maverick Networks with documentation supporting such exemption.
9) Limitation of Liability: In the performance of this Agreement, Maverick Networks shall be liable only for the expense of providing routine
repair, replacement parts and maintenance service. Further, no liability will arise if the performance of such service is prevented by declared
government emergencies, civil disturbances, strikes or other causes beyond Maverick Networks' control. Neither Customer nor Maverick
Networks nor its agents and employees shall be liable for any loss or damage to the equipment or other property, injury or death of the other
arising in connection with the maintenance services provided by Maverick Networks under this Agreement.
However, this limitation of liability does not apply to such loss, damage, injury or death resulting from the gross negligence or willful
misconduct of Maverick Networks' agents or employees. While Maverick Networks takes responsibility for providing satisfactory maintenance
services, it makes no claim that it can maintain this equipment in a manner to prevent fraudulent intrusions including, but not limited to, toll
fraud, and the unauthorized use of voice processors and voice mail systems. Therefore, no express or implied warranty is made against any such
fraudulent uses that may be made of the equipment.
In the event Maverick Networks breaches any warranty, Customer's exclusive remedy will be that Maverick Networks makes any necessary
equipment adjustments, repairs or parts replacements to the equipment after Maverick Networks determines that the equipment does not conform
to warranty. In no event shall Maverick Networks, its agent and employees be liable for indirect, incidental or consequential damages including
without limitation, any loss of business, damage or expense, whether or not Maverick Networks has received notice of the possibility or certainty
of such damages or loss, directly or indirectly arising from Customer's inability to use the equipment, either separately or in combination with
any other equipment, form routing and programming erors, unauthorized trespass or programming, software and/or equipment, modem lines and
long distance carrier services; and intrusions of the equipment by fraudulent callers, including, but not limited to, toll fraud and the unauthorized
use of voice processors and voice mail systems.
10) Miscellaneous: This Agreement shall not be amended or altered unless such amendment or alteration is put in writing and approved, by
signature, by the authorized representatives of all parties hereto. In the event of any proceeding, voluntary or involuntary, in bankruptcy or
insolvency by or against Customer, or in the event of the appointment, with or without Customer's consent, of an assignee for the benefit of
creditors, or of a receiver, Maverick Networks' failure to exercise any of its rights herein shall not constitute or be deemed a waiver or forfeiture
of such rights. Customer expressly consents to jurisdiction within the State of California. No delay or omission to exercise any right, power or
remedy available to Maverick Networks upon any breach or default of Customer under this Agreement shall impair consent or approval of any
kind or any breach or default, or any waiver of any provision of this Agreement will only be effective if in writing and approved and signed by
both parties and shall be effective only to the extent set forth in writing.
Agreed and Accepted By:
-�
Signature Date Signature Date
Maverick Networks, Inc. City of West Covina
Customer
Print Name Title
sw Site Specific Schedule "A"
maverick Master Maintenance Agreement is By and Between
Maverick Networks, Inc. And
City of West Covina
Address: 1444 West Garvey Ave., West Covina, CA 91790
March 16, 2020 thru
Starting
COVERAGE BENEFITS:
Break Fix Repair & Warranty -for term
Mitel Core S mare fully covered
System S mare Upgrades
24 x 7 x 365 Support
IP Hardware
Mitel 3300 ICP Controller MXE III3
Mitel 3300 MXe Media Gateway 2
Mitel 3300 CX Gateway 14
Software/Applications
Son— Assurance included in cost
MVB Coverages
20
vMAS Coverages
I
vMBG Coverages
3
MiContact Center Software Assurance Site #
1
Virtual MiCollab
I
Mitel ULM
1
Mitel 1P Desktop Devices
Mite] IP Phones
N/A
Mitel PC Console SW
0
Mitel PKM's
0
Mitel IP Conf Phone
0
March 15, 2022
Miwl Ann ID Records:
# 13744782
Mitel MVB-CWC CH 3300
# 14172018
Mitel MVB - EOC
# 18246095
Mitel MVB- Fire Station #5
# 29451147
Mitel MVB - Palmview Preschool
# 34422170
Mitel MSG -City Yard
# 36583748
Mitel MVB - Fire Station #2
# 44570549
Mitel MVB - Wescove
# 44777462
Mitel MVB - Senior Center
# 47570770
Mitel MVB - PD 3300 Gateway
# 48817372
Mitel MSG - Virtual Core
# 50571226
Mitel MVB - CWC PD 3300
# 57395184
Mitel MVB - Dispatch
# 57446833
Mitel MVB - CWC CY 3300
# 6373729
Mitel ULM - UCC V4
# 64399257
Mitel MVB - Maintenance
# 66159565
Mitel MVB- Fire Station #1
# 68789993
Mitel MiCC
# 71548517
Mitel MSG - Police Dept
# 72806864
Mitel MVB-City Hall 3300
# 75471238
Mitel vMiCollab
# 79462120
Mitel MVB- Fire Station #4
# 8405110
Mitel MVB -Cameron Comm Cir
# 90506967
Mitel MVB - Virtual Core
# 92082719
Mitel MVB - Fire Station #3
# 96034579
Mitel MVB - Shadow Oak Park
# 98135180
Mitel MVB -Vine
EXCLUSIONS FROM COVERAGE:
Mitel Phones
E 2 Yr Term, Yearly Price, Billed Annually: $24,000.00
Includes: 5 Hours a Month for Non -billed Support, Rolling over MTM, Unused Hours expire at end of] Yr Term.
On -Site Labor Charges for Nan -Covered
Services:
Standard 1 st Hr.:
Mon. -Fri. 8:00 a.m. -5:00 p.m. PST
$190.00 per hr
Standard Add'1 Ift,
Mon. - Fri. 8:00 a.m. - 5:00 p.m. PST
$140.00 per hr.
Overtime:
Mon. - Fri. 5:00 p.m. - 10:00 p.m., Sat 8:00 a.m. - 10:00 p.m. PST
$280.00 per hr.
Premium:
Mon. - Sat. 10:00 p.m. - 8:00 a.m., Sunday & Holidays PST
$380.00 per hr,
Remote Changes
$110.001 st 30 rains
Agreed and Accepted By:
Maverick Networks Inc
Company
Company
Signature Date Signature Date