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01/06/2024 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT.SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Mitel, Contract 9 Effective Date: ,January 6, 2024 Expiration Date: January 6,2025 Contract Purpose/Description: This request is to approve,paying a maintenance contract in support of our Mitel MiVoice telephone system.It is from Mitel itself and is$ 4,376.62 to support our physical Mittel Equipment.It is pre-negotiated under Sol contract#02�719-M8 ,' Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Alan MacEachem 8792 CONTRACT COSTS Total Dollar Value of Contract: $ 20a 376 62 Current Year Portion: $ 201376.62 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the +fllS i cAi9f40il dNl tlY➢44aii9 Y "s'd00,700,00 or i" ), Budgeted? Yelp-] No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Cate o : 0,5002-8C o0062-Repair and maintenance ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES LINO 0 CONTRACT REVIEW Reviewer Date In Department Head Signature: Alan MacEachern Date 024.01.5Y AlanM-05'00' Data:zoza.otss ts:oe.i3-os•oo• County Attorney Signature: Christine Limbert-Barrows 7� Jaclyn Flatt Digitally s'9"ed by Jaclyn F'att Risk Management Signature: Date:2024_02_1614:46:34-05.44• breu Purchasing Signature: Lisa Abreu Digitally 20240221d by"sa A7-0 Date:zoza oz z t t a 11 37-os oo John Quinn Digitally signed by Jahn Oulnn OMB Signature: Date:2024 02.16 15:50:32-05•00• Comments: Revised BOCC 4/19/2023 Page 84 of 105 d' � BOARD OF COUNTY COMMISSIONERS County of Monroe �, : Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tem James K.Scholl,District 3 y F Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 To: Purchasing Department From: Alan MacEachern Date: January 251", 2024 Our telephone system has 2 sets of Annual Maintenance. The first, hardware maintenance, protects the physical Mitel equipment that comprises the telephone system. This maintenance ($20,376.62) is pre-negotiated under Sourcewell contract#022719-MBS. The second, software maintenance, protects the Morse software and configuration that controls the telephone system equipment. This maintenance ($29,412) needs approval to be purchased following the sole source provision of our purchasing policy. Page 24, Chapter 7 Exclusions 2.b: Where the procurement itself, due to the nature of the goods or services (i.e. in order to obtain conformity to existing contracted goods or services, in order to avoid the loss of warranty coverage, proprietary licensing, equipment capability, etc.), dictates sole source acquisition, the Requesting Department shall provide written justification as to the sole source nature of the procurement. Justification: Morse Communications, Inc. is the owner and entity that created of the software configuration that controls our Mitel equipment. I.T. would like to request approval for this purchase. Thank you for your time and consideration. Best Regards, A(44V MA.c'&adurw Alan MacEachern Maintenance Quote Morse Communications, Inc. 395 East Drive Melbourne, FL 32904 I\AORSECOM PH 321-259-8469 FAX 321-255-0198 Toll Free (888) 667-7326 www.morsecom.com Prepared for: Monroe County Contact: Alan MacEachern Phone: 305-453-8797 Date: 2023-12-07 Support Term: 6 Jan 2024-5 Jan 2025 Site 8-5,no sets 8-5,w/sets 24-7,no sets 24-7,w/sets Annual Payment MORSECOM Maintenance $29,412.00 1 $39,216.00 $39,216.00 $49,020.00 Notes - Includes parts/labor for switch only Mitel equipment and or phones dependent upon choice of plan. -Customer to provide remote access. On-site response is dependent upon site location. - Does not include applicable taxes and contingent upon site survey - Does not include pre-existing issues - Does not include failures due to: power surges, lightning, abuse or Acts of God - Does not include major release software upgrades unless SWAS plan is chosen - Does not include customer requested moves, adds or changes - Does not include any peripheral components such as application servers or OS, unless otherwise noted - Payment terms are Annual in advance. - PO and payment to: email apar@morsecom.com or fax to 321-255-0198 8-5,with 24-7,with Coverage Detail 8-5, no sets sets 24-7, no sets sets Monitored NOC* Yes Yes Yes Yes Critical SLA 2hr 2hr 1hr 1hr High SLA 4hr 4hr 2hr 2hr Medium SLA 4hr 4hr 4hr 4hr Low SLA 8hr 8hr 8hr 8hr Phone Sets No Yes No Yes Messaging Yes Yes Yes Yes Switch HW-SW Yes Yes Yes Yes UC HW-SW Yes Yes Yes Yes SW Patches Yes Yes Yes Yes Annual Check Yes Yes Yes Yes Web ticket Yes Yes Yes Yes Toll Free ticket Yes Yes Yes Yes Annual Backup Yes I Yes I Yes I Yes Initials RVO Morse Communications, Inc. 1 of 6 Maintenance Quote Terms and Conditions 1. Service Obligations (a) MORSE shall address any technical or operational defects or malfunctions in the System either by remote diagnostics or by the onsite presence of MORSE's service representative,who shall respond to the defect or malfunction after being notified of the same by Customer or its authorized employee, and restore the System to a normal state of operational efficiency. In carrying out its service and maintenance obligations hereunder, MORSE may install or replace any components or parts that MORSE deems either necessary or desirable for the effective operation of the System, at no additional charge to the Customer while the "System" is under warranty or subsequent maintenance agreements.Any part or component installed by MORSE shall be new or like new and shall be covered by this Agreement in the same manner, and subject to the same limitations herein, as apply to theSystem. In the event that the subject equipment is deemed "Manufacturer Discontinued", "Manufacturer End of Life" or"Manufacturer non-supported", Morse will be provide a best effort service level with no guarantee of parts or software availability. In the event that the failure is due to a non-supported, discontinued or end of life component,the customer will be responsible to purchase the replacement component. In the event that the defect or malfunction is deemed by Morse to be caused by neglect, abuse, Acts of God including lightning and/or power surge, the Customer will be responsible for the cost of parts and Morse's then current labor rates to repair the condition. (i) Emergency Remote service shall be available twenty-four(24) hours a day, seven (7) days a week if this option is chosen. (ii) Non-emergency maintenance service shall be provided during MORSE's normal working hours, which shall be that period of each day from 8:00 a.m.to 5:00 p.m. local time Monday through Friday, exclusive of holidays. It is agreed that MORSE shall respond to Customer's request for non-emergency service by dispatching MORSE's service representative not later than the end of MORSE's next business day. Should Customer request non-emergency service be performed outside of MORSE's normal working hours, Customer shall pay MORSE on a per-call basis, at MORSE's then effective overtime rates. (iii) Emergency maintenance service shall be provided twenty-four(24) hours a day, seven (7)days a week if this option has been chosen. IN THE EVENT THAT A MAJOR FAILURE IN THE SYSTEM OCCURS, necessitating emergency maintenance assistance from MORSE either during or outside MORSE's normal working hours, it is agreed that MORSE shall respond to the emergency remotely within four(4) hour or if necessary by dispatching MORSE's service representative not later than four(4) hours from the time it is notified of the same and MORSE shall thereafter exercise its best efforts to cure the same. IN NOTIFYING MORSE, CUSTOMER MUST CLEARLY COMMUNICATE TO MORSE THE EMERGENCY NATURE OF THE PROBLEM AS A CONDITION PRECEDENTTO MORSE'S OBJECTIVE TO RESPOND WITHIN THE TIME FRAMES INDICATED ABOVE.As used herein, a "Major Failure" is defined as a System failure resulting in the Customer's inability to receive twenty percent(20%)of all incoming calls or affecting 20%of the "System"'functionality,to make twenty percent (20%) of all outgoing calls,to make twenty percent(20%) of every station-to-station call, or to use the attendant consoles. (b) MORSE may from time to time, upon Customer request,furnish moves,additions, changes, software upgrades and/or System modifications separately contracted for at MORSE's then generally effective Terms and Conditions-cont. Initials &VO Morse Communications, Inc. 2 of 6 Maintenance Quote rate. IT SHALL BE THE RESPONSIBILTY OF CUSTOMER TO VERIFY THE ACCURACY AND THE OPERATION OF ANY SOFTWARE UPGRADE, SYSTEM MODIFICATION, ENHANCEMENT OR CHANGE WITHIN FIVE (5) DAYS OF ANY SUCH UPDATE, UPGRADE, ENHANCEMENT OR CHANGE,AND TO NOTIFY MORSE WITHIN A REASONABLE TIME OF ANY ERROR, OMISSION, INACCURACY OR INCONSISTENCY THEREIN. MORSE shall, within twenty-four(24) hours of such notification, commence corrective action to remedy any such error, omission, inaccuracy or inconsistency. 2. Payment Terms MORSE hereby sells to Customer and Customer hereby purchases from MORSE the services identified in this quote.Any terms and conditions of the quote will supersede any conflicting terms of these terms and conditions. Customer shall pay the Purchase Price of the services in advance,together with all property(personal or intangible)taxes or special assessments and all sales or use taxes which may be imposed upon Customer or MORSE (except taxes based on MORSE's net income) as a result of the performance by the parties of this Agreement.The Payment shall be due no later than the date of order. Payment of invoices shall be due within thirty(30) days from the invoice date. Delinquent payments on any undisputed balance are subject to a late payment charge of the lower of one and a half percent (1.5%) per month, or portion thereof, or the maximum allowed, if lower than (1.5%), by the laws of the state where service is performed. Service Level Agreement Priority Description Critical Main Phone system, Contact Center,WLAN, Network High Remote Site,T-1, PRI circuit down Medium Applications Low MAC's, RMA's, Break/Fix Critical: System down or service affecting outage that immediately affects the operation of customer business and will work to completion. High: Service affecting outage/issue that affects remote sites and/or trunks. Medium: Service affecting outage/issue that does not immediately affect the operation of customer business. Low: Non service affecting issue or outage that does not affect customer business operations. S 02.27.2024 nature g Date Roman Gastesi Printed Name Legal Entity Name Monroe County Board of County Commissioners MONROE COUNTY ATTO Y TO FOR 1: Initials � AO Morse Communications, Inc. �Prf .dam r a 3 of 6 C�91t1 ti'I'YriIFS➢.HMF3p?fY'K'•HACY.R.C}W S A SSI S6'AN1`COUNTY ATTORNLY DATE. 2L27/.24...................... From: Limbert-Christine To: MacEachern-Alan Subject: RE: MORSECOM/Mite)Maintenance and Mitel SWAS 24-25 Date: Friday,December 29,2023 9:48:50 AM Attachments: imaae001.wa imaae002 nna Alan, this all looks fine. You can process as small contracts and just update sole source letter. I am assuming that the maintenance doesn't fall under sourcewell contract but on-going maintenance is exempt as noted in letter. No need to get price quotes as they are the only source that can perform maintenance on their product. Please let me know if you have any other questions. And have a Happy New Year!!! From: MacEachern-Alan <MacEachern-Alan@MonroeCounty-FL.Gov> Sent:Thursday, December 28, 2023 3:35 PM To: Limbert-Christine <Limbert-Christine@ Mon roeCounty-FL.Gov> Subject: FW: MORSECOM/Mite) Maintenance and Mitel SWAS 24-25 Christine, Attached please find documents which I intend to use to process 2024 maintenance for the phone system. I copied the sole source letter from what I used last year but wanted to check with you as to whether I should process it differently this year (and change my sole source letter slightly). Last year I believe they were both processed as small contracts—one with the Sourcewell competitive bid backup and the other one with my sole source letter. Given where we are now, would I be better off doing an agenda item for the two of them (If I can figure out how to attach the correct version of quote? ). As always, I would prefer a pair of small contracts and am not looking to go overkill but appreciate your guidance! Thanks so much and have a great rest of the year! Alan MacEachern IT Director Monroe County BOCC Information Technology 102050 Overseas Highway, MM 102.5 Key Largo, FL 33037 Office : (305) 453-8792 Cell : (305) 363-9109 Email :............. .c, . ,c ,,r> , ,„ , „ onroecount -fl. ov Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record,available to the public and media upon request. Your e-mail communication may be subject to public disclosure. From: Scott Eller Sent:Thursday, December7, 20239:33AM To: MacEachern`4|an Subject: MORSE[OM/Mite| Maintenance and Mite| SVVAS 24-25 — CAUTION:This email originated from outside of the County. Whether you know the sender or not, � do not click links Vropen attachments you were not expecting. Hello Alan, It is that time of year again. See attached for the MORSECOM/Mitel Maintenance and Mitel, SVVAS proposals for the 24-2Sterm. I hope your holiday season is going well and please let me know if you have any questions. Thankynu' Scott Eller Marketing and Business Development |