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HomeMy WebLinkAbout10-094 - Mitel Business Systems Inc - City Wide Telephone System10-094 Council Approval 9/7/10 1. PURCHASE AND SALE. (a). General. Mitel and Customer hereby agree to the purchase and sale of hardware, including all parts and accessories incorporated therein (Hardware"), and the licensing of the object code version of embedded software and /or application software ("Software as detailed in a statement of work ("SOW The Hardware and Software shall be collectively referred to hereinafter as the "System." Mitel may substitute the System or any component thereof with comparable new equipment that meets the functional specifications of the SOW Customer agrees that its purchase of the System is for its own use as an end -user (not for resale) and for implementation at a site located in the United States. If the System includes any third -party hardware or software product ("Third -Party Product Customer must execute any supplemental terms and conditions as a condition precedent to delivery of such Third -Party Product. MITEL BUSINESS SYSTEMS, INC MASTER SALES AND SUPPORT AGREEMENT No. 090710CTUK Standard Terms and Conditions Mitel Business Systems, Inc., a Mitel company, with offices at 7300 West Boston Street, Chandler, Arizona, 85226 "Mitel and City of Tukwila, a niunicioal corporation, with offices at 6200 Southcenter Boulevard. Tukwila. WA 98188 -2544 "Customer"), agree to this Master Sales and Support Agreement "Agreement upon the following terms and conditions. (b). Networked Systems. If any Mitel product purchased at reduced pricing as part of a multiple -node MSDN or MSAN network is subsequently removed from such network, the price of the product shall be recomputed to a price based on a non networked configuration. Any Mitel- branded switch that becomes part of the networked system but was acquired by Customer prior to this Agreement will be covered under its original warranty only Mitel may conduct from time to time an audit of the network configuration with which the Customer will cooperate. (c:) The effective date of this Agreement is 09/13/2010 "Effective Date and will expire after three (3) years therefrom. The parties may extend or renew this Agreement in writing prior to expiration. 2. DELIVERY, IMPLEMENTATION AND ACCEPTANCE. (a). Ordering. Mitel will provide Customer with an SOW identifying the System and components, the payment schedule, the site for delivery and implementation of the System ("Site and the estimated date of Cutover Cate (as defined below). Within the time allowed under the SOW, Customer will issue to Mitel a written purchase order ("P O to authorize the delivery and implementation of the System in accordance with the SOW Each P O. must reference this Agreement and the related SOW, indicating the requested date of delivery. Mitel will accept or reject the P 0 within five (5) business days. If accepted, Mitel will deliver and install the System FCA (Incoterms 2000) shipping point. Any changes to the P 0 must be requested in writing to Mitel with a signed Change Order Authorization prior to shipment. Mitel shall have sole discretion to accept or reject the request and adjust the SOW prices and implementation schedule accordingly (b). Customer Oblioations. If necessary, Customer must provide written authorization to permit Mitel to liaison with the communications service provider to coordinate the ordering and scheduling of communications services that interface directly with the System. Mitel cannot bind Customer to such communications providers without Customer's prior written approval. If during implementation Mitel isolates a conflict with a hardware or software not supplied by Mitel, all time and material spent by Mitel to correct such conflict will be charged to Customer on a time and materials basis at Mitel's then prevailing rates provided Mitel has Customer's prior approval to proceed with such corrections at such rates. (c) Standard of Performance. All work provided hereunder will be performed in a good and workmanlike manner consistent with standard communications industry practice. Mitel may subcontract work required under this Agreement, but will remain responsible for the wort, performed. (d). Cutover Cutover shall be deemed to have occurred when the S/stem is installed and performing in substantial compliance with the manufacturer specifications. Minor omissions or variances that do not materially affect the operation of the System shall not delay Cutover (e). Acceptance. Within ten business (10) days following Cutover "Acceptance Period Customer shall either return to Mitel a signed copy of Miters "Acceptance Certificate" or, if Customer discovers any material M tel Business Systems, Inc. MSSA (April, 2009) 1 nonconformity with the manufacturer specifications, provide Mitel written notice setting forth the details of any such nonconformity Upon such notice, the Acceptance Period will be tolled until Mitel either corrects the problem or verifies that the nonconformity does not exist. If such nonconformity exists, the Acceptance Period will begin anew upon correction. If such nonconformity does not exist, then the Acceptance Period will continue to run from Cutover. Customer agrees and understands that failure to return a signed Acceptance Certificate or provide a written notice of nonconformity within the required time shall constitute unconditional acceptance of the System and implementation work "Acceptance 3. SOFTWARE LICENSE. (a) For all Software delivered under this Agreement, Customer is hereby granted a personal, non transferable, non exclusive, paid -up license to use the Software "License Upon termination of this License for cause, Customer shall return to Mitel all Software and related materials and any copies thereof Customer shall use the Software only with the Hardware configuration specified in the SOW Customer is granted no other right to use the intellectual property rights of Mitel or its suppliers contained in the System except as expressly permitted under this Agreement. (b). Customer agrees that all Software shall be treated as copyrighted, confidential property and a proprietary trade secret of Mitel or its suppliers. Customer shall take all reasonable steps to hold the Software in confidence for the benefit of Mitel or its suppliers. Customer shall not provide or make the Software available to any person other than its employees on a strict "need to know" basis and shall issue to such employees adequate instructions to satisfy its obligations hereunder (c). Customer shall not execute, use, copy, alter or modify the Software or take any action inconsistent with the exclusive ownership interest of Mitel or its suppliers. Customer shall not decompile, reverse assemble or otherwise analyze or examine the Software or arty firmware implementation of the Software for reverse engineering purposes. Customer agrees to compensate Mitel and its suppliers fully for any unauthorized use or misappropriation of Mitel's intellectual property (d) Customer may not sublicense, sell, lease or otherwise transfer or convey the Software, in whole or in part, without providing Mitel prior written notice and a copy of the transferee's agreement to pay any required relicensing fee and to adhere strictly to the terms and conditions of this License in favor of Mitel or its suppliers. (e). Customer may for a fee obtain major release versions of the Software "Software Upgrades or update versions of a major release ("Software Updates (collectively referred to hereinafter as "Releases when they are made generally available. All Releases are provided in object code and are subject to the terms and conditions of this Section. Releases that are intended to fix problems in the Software will be provided to Customer at no charge so long as Customer is under a current Support Plan. Customer shall not use or operate any feature or function of a Release for which Customer has not obtained a License. If at any time Mitel determines that the Customer is using unlicensed features, Mitel may in its sole discretion either allow the Customer to pay for continued use of those features or disable or remove the same. (f). In the case of a multiple -node MSDN or MSAN network configuration, Customer understands and agrees that any removal (physically or logically) of a Hardware component of the networked system voids the License as to the Hardware removed. Customer agrees to acquire a new License (at the then current list price) for any Software necessary for Customer's use of the removed Hardware. (g) Customer's obligations under this License shall survive the termination of the Agreement. Copyright 2009 Mitel Business Systems, Inc. 4.1 SOFTWARE WARRANTY. During the term of the manufacturer's warranty period, the Software media will be free from defects in material and workmanship under normal use and the Software (including any installed Release) will perform substantially in compliance with the manufacturer's specifications. To the extent that any deficiency in the material or workmanship prevents the Software from operating substantially in accordance with the manufacturer's specifications, affects service and prevents beneficial use of the System, Mitel will use commercially reasonable efforts to correct the problem within a reasonable period of time. If the problem cannot be corrected, Mitel will in its sole discretion either replace the Software, install a new Release when made generally available or return the System to a prior Release. 4.2. HARDWARE WARRANTY. During the term of the manufacturer's warranty period, all Hardware components will be free from defects in material and workmanship under normal use and will perform in substantial compliance with the manufacturer's specifications. The exclusive remedy and recourse for Customer under the Hardware Warranty is for Mitel, at its election, to repair or replace the defective parts. Mitel may utilize remanufactured certified parts that meet factory specifications. Such replacement parts will be covered for the remainder of the existing Hardware Warranty Any part removed shall become the property of Mitel. 4.3 EXCEPTIONS TO WARRANTY. (a) The Software and Hardware Warranties shall become void if one of the following occurs: (i) the System is not used properly in accordance with the manufacturer's specifications and operating instructions cr otherwise is abused, damaged, or negligently serviced or maintained by anyone other than Mitel; (ii) work is performed on the System by anyone not authorized by Mitel; (iii) the System is installed or used in combination or in assembly with products that are either not approved by Mitel or not c)mpatible with the System; or (iv) Customer breaches a material term of this Agreement. (IW). The Software and Hardware Warranties exclude Customer supplied parts and expendable or personal use items such as batteries, haadsets, paper, printer ribbons, cabling or non -Mitel telephone sets. Labor, parts and materials are provided on a time and materials basis if n )t included in a Support Plan. (c) The Software and Hardware Warranties are predicated on Mitel receiving timely written notice of any nonconformity with as much specificity as is known and soon as Customer becomes aware of such n inconformity, but in any event prior to the expiration of the relevant warranty period. Mitel shall have the right to inspect and test the System to determine, in its reasonable discretion, whether the nonconformity is covered under the appli. able warranty (d) THE SOFTWARE AND HARDWARE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, FROM MITEL, ITS PARENT OR ITS SUPPLIERS. THERE ARE NO OTHER REPRESENTATIONS THAT EXTEND BEYOND THE FACE OF THESE WARRANTIES. ALL OTHER WARRANTIES OR CONDITIONS WHATSOEVER, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED AND DISCLAIMED MITEL DOES NOT WARRANT THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE. 5. SUPPORT SERVICES. Customer may purchase Support Services fcr the System pursuant to a Support Agreement in the form attached as Appendix A, which is subject to these terms and conditions. 6. PAYMENT. Customer shall pay all amounts due as stated in the SOW net thirty (30) days from receipt of an invoice Payment Due Date Customer shall pay any applicable taxes and governmentally imposed fees arising from its purchase and use of the System and Support Services under this Agreement, or provide a tax exemption certificate prior to invoicing. The requirements of this Section are a material provision of this Agreement. If payment is not received by the Mitel Business Systems, Inc. MSSA (April, 2009) Payment Due Date, Mitel may at its sole discretion (i) terminate this Agreement and retain all sums paid after giving fifteen (15) days prior written notice to cure and /or (ii) suspend delivery of any products or performance of any service immediately without notice until such payments are received by Mitel. Any amounts that remain unpaid by Customer after the cure period will be subject to the lesser of two percent (2 monthly interest rate or the maximum rate allowed by applicable law 7. TITLE /RISK OF LOSS. Title and risk of loss to the Hardware shall pass to Customer upon shipment. Title to the Software shall remain at all times with Mitel or its suppliers. 8. SECURITY INTEREST. Customer hereby grants to Mitel a security interest in the System and authorizes Mitel to file a U C C financing statement Customer hereby grants to Mitel a personal property security interest in the Equipment and authorizes Mitel as Customer's attorney -in- fact to file any forms necessary in order to perfect a security interest in the Equipment until Mitel has received full payment in order to perfect the security interest until Mitel has received full payment. 9. TERMINATION. Either party may terminate this Agreement for its convenience without liability upon thirty -(30) days prior written notice, except that the terms hereof shall continue in full force and effect as it pertains to any SOW or Support Services in progress. If either party is in breach of a material provision of this Agreement ("Default then the non defaulting party may suspend performance under this Agreement without liability and, if the defaulting party has not cured the Default after thirty (30) days written notice, immediately terminate this Agreement for cause. A party shall be deemed in Default if a bankruptcy or insolvency proceeding is filed by or against that party or if that party makes an assignment for the benefit of its creditors. Any claim or suit arising under or related to this Agreement must be brought within eighteen (18) months from the date that the cause of action accrued. 10. INTELLECTUAL PROPERTY INDEMNIFICATION. (a). Mitel shall at its expense indemnify and defend Customer from any claim or action "Action filed against Customer to the extent that it is based on a claim that the Hardware or Software infringes a valid U S. or Canadian intellectual property right. Customer shall at its expense indemnify and defend Mitel from any Action filed against Mitel to the extent that it is based on a claim that Customer's design, integration, specification, instruction or particular use infringes a valid U.S. or Canadian intellectual property right. The indemnifying party shall pay resulting costs and damages finally awarded or agreed to in a settlement, provided the indemnified party (i) makes no admission of the alleged infringement; (ii) gives the indemnifying party written notice of any Action filed or threatened as soon the party is made aware, but not later than ten (10) days thereafter; (iii) gives the indemnifying party sole authority and control of the defense of any Action and all related settlement negotiations; and (iv) furnishes all information and assistance necessary for the defense of the Action as reasonably requested. (b). In the event Customer is enjoined from use of the System as a result of an Action or the System becomes the subject of an infringement claim, Mitel may at its sole option and without further obligation either (i) procure the Customer's right to continue using the System, (ii) replace or modify the System to be non infringing and functionally equivalent or (iv) accept the return of the System and refund the Purchase Price paid, less depreciation. (c). Mitel, its affiliates, subsidiaries and related companies, and their respective officers, directors, employees and agents (collectively "Mite) shall have no liability for any Action, including contributory infringement and inducement to infringe, that is based upon: (i) use or operation of the System in combination with any product or services not provided by Mitel; (ii) Customer's modification of the System; (iii) Customer's failure to implement corrections or modifications provided by Mitel; or (iv) design, integration, specification, instructicn or information provided by or on behalf of the Customer or any third -party (d). THE FOREGOING STATES THE ENTIRE LIABILITY OF EITHER PARTY FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS COVERED UNDER THIS SECTION. 11. LIMITATION OF LIABILITY. EXCEPT FOR THE PROVISIONS RELATED TO SOFTWARE LICENSE, LIABILITY FOR EITHER PARTY SHALL BE LIMITED TO DIRECT DAMAGES ONLY NOT TO EXCEED 2 Copyright 2009, Mitel Business Systems, Inc. THE AMOUNT PAYABLE TO MITEL UNDER THIS AGREEMENT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL OR SPECIAL DAMAGES ARISING FROM ANY CLAIM OR ACTION BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY MITEL SHALL IN NO WAY BE LIABLE FOR ANY LOSS OF DATA, INABILITY TO USE DATA, OR DAMAGE OR EXPENSE ARISING FROM THE USE OR INABILITY TO USE THE SYSTEM EITHER SEPARATELY OR IN COMBINATION WTH ANY OTHER SYSTEM, WHETHER OR NOT MITEL HAS RECEIVED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THAT THE ABOVE MAY NOT APPLY TO YOU 12. DISCLAIMERS MITEL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION THAT THE SUPPORT SERVICES FREVENT TOLL FRAUD, UNAUTHORIZED ACCESS, LOSS OR THEFT CIF ELECTRONIC DATA, OR INVASION OF PRIVACY (COLLECTIVELY, "FRAUDULENT ACTIVITY MITEL SHALL HAVE NO LIABILITY TO CUSTOMER IN THE EVENT OF SUCH FRAUDULENT ACTIVITY. CUSTOMER IS ADVISED THAT THE OPERATION OF E -911 REQUIRE ACCURATE INFORMATION CONTAINED IN CUSTOMER'S DATABASE, WHICH CUSTOMER IS SOLELY RESPONSIBLE FOR CREATING AND MANAGING. 13. ASSIGNMENT. Customer shall not assign its rights or delegate its obligations under this Agreement in whole or in part without Mitel's prior viritten consent, which will not be unreasonably withheld. 11. EXTERNAL LISTENING, RECORDING AND MUS!C ON HOLD. Customer shall have full responsibility for all negotiations and licensing fees for performance rights relating to recorded or broadca: t music usage or its access by the telephone systems. Customer is solely responsible for ensuring that its use of recording and listening features contained in the System does not violate any laws and regulations. 15. INTERCONNECTION WITH HOST SYSTEMS AND FOREIGN ATTACHMENTS. Interconnection of the System to existing PBX or key systems provided by others "Host Systems shall be made in accordance with the manufacturer's specifications. Host Systems and peripheral equipment provided by Customer or a third -party ("Foreign Attachments may be interconnected with the System only if fully c,mpatible with the System as determined by Mitel. Customer is responsible for providing configuration information for the Host Systems aid Foreign Attachments. Mitel is not responsible for any maintenance of the Host Systems and Foreign Attachments or for any work required to meet the interface specifications of the System. 16. FORCE MAJEURE. Neither party shall be held liable for a breach of its obligations under this Agreement resulting from force majeure events, such as debilitating forces of nature, acts of God, acts of pvernments, acts or omissions of third parties, or other conditions b'yond the reasonable control of the party that failed to perform. A party that fails to perform for force majeure reasons shall deliver the p =,rformance as soon as commercially practicable. 17. SEVERABILITY. In the event a provision contained herein is for aiy reason be held to be unenforceable, such unenforceebility shall not MITEL BUSINESS SYSTEMS, INC. 4 t-1/0 Signature D e Frinted Name: Ross Sutherland Title: Vice President. US Professional Services (Must be Sales Director or Corporate Officer) M :tel Business Systems, Inc. MSSA (April, 2009) affect the validity of any other provision of this Agreement, and this Agreement shall then be construed as if such unenforceable provision had never been contained herein. The parties agree to work in good faith to substitute the invalid provision with one that best achieves the original intent of the parties. 18. CONFIDENTIALITY. Except as required by applicable law, Customer acknowledges and agrees that this Agreement is proprietary to Mitel, and Customer shall keep confidential the terms and conditions of this Agreement, including any configuration and pricing information contained in the SOW 19. EXPORT. Customer agrees not to export the System without prior written consent of a Corporate Officer or Director of Mitel. If Mitel consents, Customer agrees to comply with the Export Control Laws and Import Control Laws of the United States and the destination country. Customer is solely responsible for any applicable regulations, compatibility and homologation requirements of the import country 20. APPLICABLE LAW. This Agreement shall be interpreted under the laws of the State of Washington, exclusive of its conflict of laws provisions. Venue shall be in King County 21. ENTIRE AGREEMENT. This Agreement, together with any appendices or attachments referenced herein, expresses the entire agreement of the parties and supersedes any prior agreement or negotiation between the parties. There is no other understanding, agreement or representation, including any requests for proposal of Customer and responses of Mitel, that in any way limits, extends, defines or relates to this Agreement. Any terms or conditions of a P 0 or other document that purports to add, delete or otherwise amend this Agreement shall be null and vo;d. In the event of any conflict between the terms of this Agreement, any SOW, P 0 or Work Authorization, precedence will follow in that order Customer acknowledges and agrees that this document, which includes the appendices attached hereto, is intended to contain only the Standard Terms and Conditions of Mitel's Master Sales and Support Agreement in effect on the Effective Date. Any material deviations therefrom are null and void unless approved as to form below by a Legal Officer or Corporate Secretary of Mitel. 22. NOTICES. All notices and communications between Customer and Mitel pertaining to this Agreement shall be addressed to Customer and Mitel as follows: To Customer City of Tukwila 611 Civik 6200 Southcenter Boulevard Tukwila. WA 98188 -2544 To Mitel: Vice- President of Sales 7300 West Boston Street Chandler, Arizona, 85226 with a copy to. with a copy to: Legal Counsel 7300 West Boston Street Chandler, Arizona, 85226 Either party may change its address by giving written notice. City of Tukwila Signature Printed Name: ,A(.0 J...t& (et\ Title: Cttih\ Aol_aun t S r &-h r q -t 7 ID Date 3 Copyright 2009, Mitel Business Systems, Inc. APPENDIX A SUPPORT AGREEMENT The Support Services detailed in the Support Plan are provided pursuant to the terms of the above Master Sales and Support Agreement and the following supplemental terms and conditions. 1. SUPPORT SERVICES. The initial term of this Agreement is twelve (12) months from the Effective Date. Thereafter, this Agreement will automatically renew for additional twelve -(12) month periods "Renewal Term Either party may terminate this Agreement during the Renewal Term upon thirty -(30) days prior written notice. (b) Customer will receive support services (Support Services as set forth in a Support Plan referencing this Agreement. Each Support Plan will automatically renew for additional twelve (12) -month periods unless either party provides written notice thirty (30) days prior to expiration. No renewal shall be effective unless Customer has installed the current release version of the embedded software minus 2 and (if applicable) Customer maintains application software at release levels currently supported by Mitel. Customer may increase the level of Support Services at the beginning of a month. Prices for the additional services will be pro- rated. Any decrease in the level of services must be made at the beginning of a Renewal Term. The prices for the Support Services may be. adjusted to reflect changes to the System. Mitel will provide notice of any change in prices forty -five (45) days prior to any Renewal Term. All Support Services are limited to the Site listed on the appended Support Plan. 2. DEFINITION OF MAJOR AND MINOR FAILURES. (a). A Major System Failure for a PBX or ICP System is defined as one of the following: a complete system failure; tie -line group service outage; n•ajor system alarm; failure of an entire trunk croup; more than twenty percent (20 of stations totally inoperative; attendant position failure; inability to receive incoming calls; inability to call outside of the facility; or system failure that substantially interferes with the Customer's normal use of the System. A Major System Failure for voice processing System is defined as one of the following: an inability to access system through the system manager terminal or through at least seventy-five percent (75 of all telephone ports; inability to access one or more disk drives that store messages or data; loss of system integration; continual system restarts; unscheduled total system outage; reboot failure; or inability of the System to collect CDR data (if applicable). All other failures shall be deemed a Minor System Failure. (b) A Major Application Failure for an application software is defined as a complete inability to use the application software, application crash or Icss of data that significantly interferes with Customer's access to or use o` the application software. All other failures shall be deemed a Minor Application Failure. 1 APPLICATION SOFTWARE SUPPORT. Support for applications software listed in the Support Plan includes remote or onsite diagnosis and troubleshooting of Major and Minor Application Failures. Mitel will uy.le commercially reasonable efforts to restore the application software to substantial compliance with the manufacturer's specifications, including the following: developing work- around directions; updating application software documentation; and updating software, which includes maintenance fixes. Mitel will replace any software media or documentation that is defective in material or workmanship. Support for application software does not include (i) remedies for cosmetic software b•Jgs that do not cause the application software to materially deviate from tte manufacturer's specifications or (ii) application software upgrades (which include additional application enhancements and functionality beyond Software Updates or maintenance fixes) unless Mitel determines that an upgrade is necessary to resolve the Application Failure. 4. PROACTIVE REMOTE MONITORING AND REMOTE SUPPORT. Customer must provide the appropriate dedicated central cffice business litre (1mb /1FL) and associated dial -in phone number and system passwords /access codes to receive proactive remote monitoring and /or remote support (if speci.;ed in the attached Support Plan) if the System is MASTER SALES AND SERVICE AGREEMENT No. 090710CTUK capable of supporting such remote monitoring or remote diagnostic capabilities. Mitel shall not be responsible for proactive remote monitoring or remote support in the event that Customer changes the dial -in phone number, disconnects the System from the 1 mb /1 FL central office business line or changes system access codes until Customer notifies Mitel of the changed dial -in number or access code, or re- connects the System to the 1 mb /1f central office business line, as the case may be. 5. EXCLUSIONS. Mitel shall have no responsibility for troubleshooting or correcting any problems arising from the following (i) Customer failure to maintain the embedded software at not less than the current release minus 2; (ii) power surges or dirty power not caused by Mitel; (iii) accidents, negligence or misconduct not caused by Mitel; (iv) work not performed or authorized by Mitel; (v) Customer data entry or Customer database backup; (vi) hardware or software not supplied by Mitel; (vii) Customer failure to maintain the environmental or electrical conditions according to manufacturer's specifications; (viii) host systems; and (ix) the LAN/WAN. Mitel's sole obligation or support of application software that is based on software code or features or functionality or for repair or replacement of System parts that have been manufacturer discontinued is to work in good faith with the manufacturer to obtain repairs, replacement parts, or devise custom software fixes, patches or work arounds for which Customer shall be responsible to pay 6. SUPPLEMENTAL SERVICES. All supplemental services will be performed under a Work Authorization subject to this Agreement, which shall take precedence over any purchase order or work authorization. If any supplemental work service are subsequently added to the Support Plan, the price will be adjusted accordingly Any product or material provided in connection with the Support Services is provided as is" and subject to all terms and conditions applicable for the product or material. The following are supplemental services that will be provided at Mitel's then prevailing time and materials rates, including the following: (a). communicating and cooperating with communications service provider(s) on behalf of Customer "Liaison Service to correct any problems caused by any source other than the System, once a system failure has been determined to result from a source other than the System; (b). troubleshooting and correcting any problems or conflicts related to a Customer supplied PC; (c). technician on -site service (including travel to and from the Site) to re- establish remote access that was disconnected or disabled by anyone other than Mitel or its authorized agent. (d). installing software Updates or Upgrades, (e) moves, adds and changes (MAC); (f). consultation on application capabilities, administration, configuration, proper usage of application software, custom programming, documentation, training or other services that are not related to resolving a Major or Minor Application Failure; (g) any other work not specifically provided for in the above Support Plan. 7. NON SOLICITATION. Customer acknowledges and agrees that while this Agreement is in effect and for the period of 1 (one) year thereafter, it shall not directly or indirectly, in any manner whatsoever contact any employee of Mitel or any other individual providing services on behalf of Mitel for the purpose of soliciting employment of that individual. Customer Signature: Printed Name: ye_ net r Date: leuryv Y ti 2 ]b M tel Business Systems, Inc. MSSA (April, 2009) 4 Copyright 2009, Mitel Business Systems, Inc. MITEL IVIiSery ce solutions MITEL. Statement of Work it's about YOU Prepared for: City of Tukwila Prepared by: David Budke Murray Van Dyke Date: September 13, 2010 Agreement Master Sales and Support Agreement 090710CTUK SOW 76747- 1283281059 Version Number: v1 Page 1 op Q,rtnco74-) Statement of Work 10 -094 Council Approval 9/7/10 9/14/2010 Contact Information END USER Company Name: Address: Primary Contact Name Title: Phone Number PROVIDER OF SERVICES Company Name. Mitel Business Systems, Inc. Address: 7300 West Boston Street, Chandler, AZ, 85226 Primary Contact Name Title: Paul Flood Phone Number: 602 -302 -8900 E -mail: paul_flood @mitel.com PROJECT MANAGER Project Manager Name: TBD Phone Number: 800 -395 -9866 About this Statement of Work City of Tukwila 6200 Southcenter Boulevard, Tukwila, Washington, 98188 -2544 Mary Miotke (206) 433 -7150 E -mail: mmiotke @ci.tukwila.wa.us E -mail: TBD Statement of Work This Statement of Work (SOW) outlines tha services and deliverables that Mitel Business Systems, Inc. (hereafter referred to as Mitel Business Systems, Inc.) will provide to City of Tukwila (hereafter referred to as City of Tukwila) when implementing the product(s) as detailed below. In addition, this SOW outlines the roles and responsibilities of Mitel Business Systems, Inc. and City of Tukwila during the implementation and the key dependencies upon which this SOW is based. During the implementation process, Mitel Business Systems, Inc. will work closely with City of Tukwila on a consultative basis to optimize the success of the implementation. Any requested changes to this SOW will be accommodated according to the change management process outlined below. Provision of the services and deliverables in this SOW is designed to properly configure the product(s) according to manufacturer specifications. In addition, all work performed under this SOW will comply with manufacturer recommended implementation procedures. Description of Services and Deliverables Outlined below is a complete description of all services that will be provided by Mitel Business Systems, Inc. Mitel Networks certified engineers will perform all work according to Mitel Networks implementation procedures and guidelines. Prior to the completion of work, Mitel Business Systems, Inc. will perform Mitel Networks standard test procedures to confirm operability of equipment according to manufacturer published specifications. Mitel Software Implementation Design, program and test the appropriate Networking Applications, PBX /ICP Applications and /or Software MITEL it's about YOU Page 2 9/14/2010 Options as purchased City of Tukwila to provide all application specific information as required 3300 ICP Base System Implementation Unpack, assemble and position equipment rack(s); mount rack(s) to floor; install shelves and power bars Position and build Main Distribution Frame (MDF) according to configuration and prepare for switch wire -out; locate Network Service Provider demarcation point for wire -out; mount connecting blocks and run 25 -pair cables; punch down, designate and cross connect cables Mount the 3300 ICP Controller in the 19 -inch rack (if applicable); connect City of Tukwila provided AC power to the 3300 ICP Controller; configure controller with IP addresses provided by the City of Tukwila complete connections to ASUs and NSUs (and SX -2000 LIGHT Peripheral Nodes if applicable), after programming is complete, connect the 3300 ICP Controller to the LAN via a cross -over Ethernet LAN cable o Install optional IP Paging Unit; connect to City of Tukwila provided paging system; configure device Mount optional 3300 ICP In -Line Power Unit in the 19 -inch rack or shelf mount the unit (whichever is applicable); power up unit Prepare telephone designations based on device licenses and Design Plan purchased Cross- connect and /or patch all desktop devices as detailed in Schedule of Equipment and Services 3300 ICP Design Plan 1 1 two -hour design meeting with City of Tukwila designated contact for database collection o Design and program system level forms; enter station data as defined by City of Tukwila Up to 2 defined Classes of Service (COS) 1 standard COS for each of: console, modem /fax, voicemail and voicemail messaging ports Up to 2 defined Classes of Restriction (COR) All stations will be call rerouted to a single answer point such as voice mail o Up to 10 defined Pick Up Groups Up to 2 defined Hunt Groups Multiline sets include prime line only City of Tukwila must complete the StationNoice Mailbox Information Design Forms as explained during the design meeting. 3300 ICP ASU o Mount the 3300 ICP ASU in the 19 -inch rack (if applicable), connect the Category 5 cable c/w RJ -45 connector to the CIM port on the 3300 ICP ASU and a spare CIM port on the 3300 ICP Controller; connect 25 -pair amphenol cable from ASU to MDF Power up the 3300 ICP ASU, the 3300 ICP Controller will detect the 3300 ICP ASU, and the application software will download and start immediately; complete programming Cross connect ports to station cable, MOH source, paging system or Network Service Provider demarcation as applicable NuPoint Messenger Base System Implementation Install NuPoint Messenger (NPM) server on 19" rack(s) or other mounting apparatus, commission and complete system level programming Integrate to Mitel or OEM PBX via integration hardware and software (refer to integration option(s) specified) Install and cross connect 25pr cable(s) for wire -out of the NPM server ports to the Main Distribution Frame (MDF) NuPoint Messenger Integrations o Program existing Mitel PBX /ICP for appropriate integration to NuPoint Messenger server (where applicable) Program NuPoint Messenger for integration to existing PBX (where applicable) ITN I•J Statement of Work MITEL it's about YOU Page 3 9/14/2010 If existing PBX is non Mitel, City of Tukwila responsible for OEM equipment vendor coordination NuPoint Messenger Design Plan 1 1 two -hour design meeting with City of Tukwila designated contact for database collection Design and program system and mailboxes as defined by City of Tukwila Up to 2 defined Feature Classes of Service (user mailboxes) Up to 2 defined Limits Classes of Service (user mailboxes) Mailboxes will have the same dial 0 location Statement of Work City of Tukwila must complete the Station/Voice Mailbox Information Design Forms as explained during the design meeting NuPoint Messenger Applications o NuPoint Messenger Applications will be configured, designed and programmed according to the optional features and specific quantities identified in the Schedule of Equipment and Services If any customized Applications are required (such as complex tree applications, rotational mailboxes, etc.) a needs analysis must be performed with the City of Tukwila in order for Mitel to provide an additional quote for the appropriate services Live Business Gateway Mitel will provide the Live Business Gateway to enable Customer to integrate Microsoft Office Communication Server (OCS) to the Mitel 3300 ICP. This gateway shall allow users to process calls on a Mitel physical endpoint or on the OCS soft phone and pass presence information to be displayed within the OCS client. The configuration and programming of the Microsoft OCS applicaton is the responsibility of the Customer To this end, listed below are the items that Mitel is responsible to complete. Any and all items not listed below are the responsibility of the customer. Mitel Responsibilities Ensure the MiTAI/TAPI Computer Integration Configuraticn Option is enabled on the Mitel 3300 ICP Program the Live Business Gateway Userne me and Password. Ensure the Class of Service for each phone controller /monitored by Microsoft Communicator has both HCI /CTI/TAPI Call Control Allowed and HCI /CTUTAPI Monitor Allowed. Verify the operating system on the Live Business Gateway is either Microsoft Windows 2003 Server Edition or Microsoft Windows 2000 Server Edition (SP•4), or Mitel Standard Linux (MSL). Verify that the IP Networks have been setup so that it is possible to communicate between all of the components (OCS, LBG, PC's, and Active Directory Server). Ensure an Application Record is setup and available on the Mitel Application Management Center Server (AMC) Install Net Framework 2.0 on Live Business Gateway Server. Download and install the Live Business Gateway Server Software. Assign a Customer provided IP Address. Assign a Customer provided SIP URI via the following format sip• <PBX Name <LBG Name <FQDN Program the Mitel Live Business Gateway u:;ername and password established in step 2. Program the Mitel automatic route selection (ARS) leading digit. If the Active Directory resides on a separate domain Mitel will program the FQDN of the server that contains the MITEL It's about VO U Page 4 9/14/2010 Active Directory with which the Live Business Gateway will communicate. Enter the user name and password that the Live Business Gateway to access the Active Directory Enter the Mitel Application Record ID and update the license through the AMC via the Internet. In order for the Microsoft Office Communication Server to be able to monitor or use the Mitel phones it must have changes made to the Registry Live Communication Server installed. Copy the Registration setting file (EnablePbxlnt) from the Live Business Gateway to a portable storage device. Provide the Customer with the portable storage device and assist them in copying the EnablePbxlnt file to the Office Communication Server and running the EnablePbxlnt file. The following changes will be made to the Office Communication Server's Registry key [HKEY_LOCAL_MACH I NE \SOFTWARE Policies \Microsoft\Communicator]: EnableConferenceingServiced dword "EnablePC2Phone dword:00000001 EnablePhoneControl dword Remote Access Device Install and configure remote access device Connect remote access device to PBX /iCP Connect remote access device to City of Tukwila supplied telephone line, test Tone and Test Tone station end of the existing station cable, identify and label in the communications room for cross connection purposes Create detailed cable plan record of MDF only (PBX to distribution cable pair) Set Placement All desktop devices will be unpacked, placed, labeled and connected as per City of Tukwila provided floor plan and tested during City of Tukwila regular business hours unless an "overtime" option is purchased Desktop devices include IP telephones and appliances, analogue and digital telephone sets, Superconsole 1000, digital datasets, conference units and PKMs Remote Teleworker Install configure Mitel Networks application on customer- supplied server O Enable Teleworker licenses on the server Remote Teleworker Install and Enable additional Remote Teleworker licenses on customer supplied server Statement of Work 5550 IP Console IP console application software will be installed on the City of Tukwila provided PC City of Tukwila will ensure the PC meets the published hardware and software specifications and is ready for installation of application software prior to Mitel commencing implementation Telephone Training Provides each telephone user with instruction on the basic features and functionality of his /her assigned Mitel desktop device type Only one (1) device type is covered per class MITEL it's about YOU Page 5 9/14/2010 Training takes place prior to cut -over Attendant Console Training Provides each Attendant with instruction on the basic features and functionality of his /her assigned Mitel console type Only one (1) console type is covered per class O Training takes place prior to cut -over Voicemail Training Provides each user with instruction on the basic features and functionality of his /her assigned voice mailbox type Training takes place prior to cut -over Voice Messaging System Administrator Overview Provides each Administrator with a basic understanding of the voice messaging system configuration, mailbox maintenance procedures and basic report generation Overview takes place immediately following cut -over Note' this is an overview session only and is not equivalent to manufacturer certification. PBX/ICP System Administrator Overview Provides each Administrator with a basic understanding of the Mitel Networks PBX/ICP system configuration and basic programming procedures Overview takes place following cut -over Note: this is an overview session only and is not equivalent to Mitel Networks certification. Implementation Statement of Work Scheduling Mitel Business Systems, Inc. will schedule this project upon acceptance of this SOW and receipt of a purchase order for the services defined herein. Mitel Business Systems, Inc. resources will be assigned and scheduled based on availability, provided that City of Tukwila is located within continental U.S. (the 48 contiguous states) and Canada and is within a 60- minute drive time from a Mitel Business Systems, Inc. local Operations Center Additional charges, outlined in the Schedule of Equipment and Services, apply when City of Tukwila is located outside these areas. A kick -off meeting will be held with the implementation team and City of Tukwila designated representatives. During this meeting critical implementation milestones will be discussed and agreed upon Assigned Project Manager is responsible for maintaining the master project schedule. Performance of Work Mitel Business Systems, Inc. will install the proposed product solution as listed in the Schedule of Equipment and Services below. Implementation services will be performed in a good and workmanlike manner consistent with manufacturer published specifications and practices. Cut Over Implementation by Mitel Business Systems, Inc. shall include one (1) single continuous phase, unless a "multi phased" implementation (purchasable option) is requested by City of Tukwila. In the event a multi phased cutover is requested, additional charges will apply. All implementation activities up to the evening cf cutover will be performed during regular business hours (8 a.m. to 5 p.m. local time at the Site). Removal of Existing Equipment and Infrastructure Removal, dicposal and cleanup of all existing cable, telephony and associated equipment (e.g., power supplies, racks, blocks, etc.) are not included. Removal of existing equipment and infrastructure will require a separate quote, which MITEL it's about YOU Page 6 9/14/2010 can be provided at the customer's request. Schedule of Equipment and Services Currency USD Partner MIJI (0000114562) Quote Ref 76747 1283281059 Report 8/31 /10 5 45 PM Created Quote 8/26/10 8:33 AM Created Locked Sales David Budke Murray Van Dyke Person Company City of Tukwila Contact Mary Miotke Address 1 6200 Southcenter Boulevard City Tukwila Town State Washington Province County Post/ZIP 98188 -2544 Code Telephone (206) 433 -7150 E -Mail mmiotke @ci.tukwila.wa.us Address Parts Report Customer pricing Invoice Address City of Tukwila Solution Design NJPA Pricing Part Description Qty List Ext. List Disc Price Desktop Devices IP Phones and Periphera;s ITN L &I Statement of Work Ext Price Oaisys Voice Documentation 20 IP Phone 901.2734 OAISYS RECORDING 1 5,500.00 5,500 00 16 4,620.00 4,620 00 999.2703 4 Years Diamond Support 4 450.00 1,800.00 16 378 00 1,512.00 List Price 7,300.00 Discount 1,168.00 Total 6,132.00 MCD 4.1 on 3300 6200 Southcenter Blvd Part Description Qty List Ext. List Disc Price Ext Price MCD /3300 Core Hardware and Software 50005084 MXe AC POWER SUPPLY 1 500.00 500 00 41 295 00 295 00 50005086 MXe RAID SUB SYSTEM 1 2,500.00 2,500.00 40 56 1,486.06 1,486.06 50005160 T1/E1 COMBO MMC II 3 1,000.00 3,000.00 40.56 594.43 1,783.29 50005686 3300 MXe 80G PATA HDD 2PK 1 240.00 240.00 0.00 240.00 240.00 50006211 3300 MXe II Controller 1 3,000.00 3,000.00 41 1,770.00 1,770 00 50006271 PWR CRD C13 10A 125V PLUG 2 15.00 30.00 41 8.85 17.70 54004973 MCD Enterprise PBX Software 1 3,000.00 3,000.00 40.56 1,783.20 1,783.20 MCD Solution Licenses 54000297 MCD Mailbox license 10 32.70 327.00 40.58 19.43 194.30 54000303 MCD Network Link License 2 1,500.00 3,000.00 40.56 891.64 1,783.28 54004975 MCD Enterprise License 161 180.00 28,980.00 40.56 107 00 17,227 00 54005066 Enterprise Dynamic Extension 129 205.00 26,445 00 40.56 121.85 15,718.65 MITEL it's about YOU Page 7 9/14/2010 50004197 Line Interface Module 12 169.00 2,028.00 40 55 100.46 1,205.52 50004459 IP Conference Saucer 8 500.00 4,000.00 40.56 375.00 2,377.60 50005321 IP Conference Module 8 150.00 1,200.00 40.56 89.16 713.28 50005711 Cordless Handset with Module 5 295.00 1,475.00 41 174 05 870.25 50005712 Cordless Headset with Module 12 425.00 5,100.00 41 250.75 3,009 00 50005804 5330 IP Phone 127 370.00 46,990.00 50 185 00 23,495.00 Network and Systems Management 51008940 Management Access Point 1 1,600.00 1,600.00 41 944.00 944.00 Professional Services Implementation 53002761 Implementation 3300 and apps 89 120.00 10,680.00 15 102.00 9,078 00 53002806 Project Coordination Branch 7 120.00 840.00 15 102.00 714 00 Support Services 53000461 Year 1 8x5 Support Agreement 1 1.00 8,480.00 0 00 1.00 8,480.00 Training 53002804 End User Training(SP) Branch 18 120.00 2,160.00 15 102.00 1,836 00 Assurance Software Assurance for 48 Additional Months 3,521 12 List Price 165,064.12 Discount 65,899 47 Discount 10,848.86 Total 88,315.79 MCD 4.1 on 3300 6300 Southcenter Blvd Part Description Qty List Ext. List Disc Price Ext Price MCD /3300 Core Hardware and Software 50003560 DUAL T1 /E1 TRUNK MMC 2 1,500.00 3,000.00 40 56 891 64 1,783.28 50005084 MXe AC POWER SUPPLY 1 500.00 500.00 41 295.00 295 00 50005086 MXe RAID SUB-SYSTEM 1 2,500.00 2,50000 40.56 1,486.06 1,48606 50005105 Analog Service Unit II 1 700.00 700.00 40.56 416.10 416.10 50005686 3300 MXe 80G PATA HDD 2F'K 1 240.00 240.00 0.00 240.00 240.00 50005731 24 port ONS card 2 860.00 1,720 00 40.56 511.21 1,022.42 50006211 3300 MXe II Controller 1 3,000.00 3,000.00 41 1,770 00 1,770 00 50006271 PWR CRD C13 10A 125V PLUG 3 15.00 45.00 41 8 85 26.55 54002701 MCD ONS license (48 Total) 36 75 00 2,700 00 40.56 44.58 1,604.88 54004973 MCD Enterprise PBX Software 1 3,000.00 3,000 00 40.56 1,783.2 1,783.20 MCD Solution Licenses 54000297 MCD Mailbox license 54000303 MCD Network Link License 54004975 MCD Enterprise License 54005066 Enterprise Dynamic Extension Attendant Console 50003071 5550 IP CONSOLE Desktop Devices IP Phones 50005804 5330 IP Phone CaII Accounting 51008017 Call Accounting 1 to 500 Ext Equipment 51003344 AT1503EV Professional Services Implementation 53000245 Implementation 'VI 14.1 MITEL 3300 ICP PATCH PANEL Blue 3 Ft it's about YOU Statement of Work 10 32.70 327.00 40.58 19.43 194.30 2 1,500.00 3,000 00 40.5E 891 64 1,783.28 141 180 00 25,380.00 40 56 107 00 15,087 00 157 205.00 32,185.00 40.56 121.85 19,130.45 1 2,500.00 2,500.00 40 56 1,486 06 1,486.06 156 370.00 57,720.00 50 185 00 28,860 00 1 4,900 00 4,900.00 40 56 2,912.56 2,912.56 2 330 00 660 00 40.56 196.15 392.30 1 2.35 2.35 15 2.00 2.00 4 167.00 668.00 14.3E 143.01 572.04 Page 8 9/14/2010 Statement of Work 53002761 Installation 3300 and apps 110 120 00 13,200.00 15 102.00 11,220.00 53002806 Project Coordination Branch 8 120.00 960.00 15 102.00 816 00 Support Services 53000461 Year 1 8x5 Support Agreement 1 1 00 9,166.00 0.00 1.00 9,166 00 Training 53002804 End User Training Branch 26 120.00 3,120 00 15 102.00 2,652.00 FaxFinder 903 1004 8 port FaxFinder 1 4,449 00 4,449 00 16 3,737.1 3,737 16 Assurance Software Assurance for 48 Additional Months 3,951.23 List Price 186,290 58 Discount 73,900 71 Total 112,389.87 Live Business Gateway rel. 3.1 MSFT OCS Integration Part Description Qty List Ext. List Disc Price Ext. Price Live Business Gateway (LBG) 54002210 Live Business Gateway 10 User 24 80.00 1,920 00 40 56 47 55 1,141.20 54002580 LBG Windows Version 1 2,000.00 2,000.00 40.56 1,188.85 1,188.85 HP ProLiant 907 0147 DL320 G6 E5502 4HDD SATA 1 1,369 00 1,369.00 15 1,163.65 1,163 65 Professional Services Implementation 53002761 Implementation 3300 and apps 14 120 00 1,680.00 15 102.00 1,428.00 53002806 Project Coordination Branch 3 120.00 360.00 15 102.00 306 00 Support Services 53000461 Year 1 8x5 Support Agreement 1 447.00 447.00 0.00 1.00 447.00 HP ProLiant NBD Support 906 6030 HP NBD 4 YR Support 1 274.00 274.00 15 232.90 232.90 List Price 8,050 00 Discount 2,142.40 Total 5,907.60 Mitel Applications Suite (MAS) NuPoint UM and Mitel Border Gateway (MBG) Part Description Qty List Ext. List Disc Price Ext Price Mitel Border Gateway (MBG) 54004573 MBG TeleWorker 10 User 1 1,100.00 1,100.00 40.56 653.87 653.87 54004575 MBG TeleWorker 50 User 1 4,750.00 4,750.00 40.56 2,823.52 2,823.52 NuPoint Unified Messaging 54001622 IP Integration Option 1 1,800.00 1,800.00 40.56 1,069.97 1,069.97 54001627 IP- Record -a -Call 1 0.00 0 00 0 00 0 00 0 00 54003580 Audio and Web Conf (10 port) 7 500.00 3,500.00 40 56 297.21 2,080 47 54004052 NuPoint Advanced UM 10 Users 2 550 00 1,100.00 40.56 326 93 653.86 54004222 NuPcint Advanced UM 1 User 1 60.00 60 00 40 55 35.67 35 67 54004223 NuPoint Advanced UM 50 Usrrrs 6 2,500.00 15,000.00 40.56 1,486.06 8,916.36 54004762 Mailbox(1 User) 1 40.00 40.00 40.56 23.78 23.78 54004763 Mailbox(10USER) 3 350.00 1,050.00 40.56 208.05 62415 54004766 Mailbox(250USER) 1 6,250.00 6,250.00 40 56 3,715.16 3,715 16 54005001 MAS SOFTWARE BASE 1 1,995 00 1,995.00 40.56 1,185 88 1,185.88 MITEL it's about YOU Page 9 9/14/2010 Statement of Work Professional Services Implementation 53002761 Implementation 3300 and apps 33 120.00 3,960 00 15 102.00 3,366.00 53002806 Project Coordination Branch 4 120.00 480.00 15 102.00 408.00 Support Services 53000461 Year 1 8x5 Support Agreement 1 1.00 4,178 00 0.00 1 00 4,178.00 Training 53002804 End User Training(SP) Branch 31 120 00 3,720.00 15 102.00 3,162.00 HP ProLiant Servers 519567- HP ProLiant DL360 2 3,727.00 7,454 00 15 3,167 95 6,335 90 UA007E HP NBD 4 Year Support 2 568.00 1,136 00 15 482.80 965 60 Assurance Software Assurance for 48 Additional Months 3,705 79 List Price 67,559 79 Discount 23,655 81 Total 43,903.98 Grand Total Total List 434,264.49 Discounts 167,388.79 Discounts 10,848.86 Total 256.026.84 Site Preparation: 3300 ICP The successful implementation of the proposed equipment is dependent on the assumptions and expectations of the site preparation activities listed below. This Statement of Work assumes that City of Tukwila will undertake site preparations and meet network specifications as detailed below, and that the manufacturer's published environmental specifications will be met prior to the scheduled start of implementation. Mitel Business Systems, Inc. may, at the request of City of Tukwila, provide many of these site preparation services. in this case, Mitel Business Systems, Inc. will document the requested change in the scope of work, and if applicable, any impact on the implementation schedule and /or pricing. Site preparation activities include the following: Mitel Business Systems, Inc. will receive a detailed topology diagram that includes the internetworking of equipment and clients /servers that will be impacted by the implementation of the 3300 ICP City of Tukwila will work with Mitel Business Systems, Inc. to identify the location of the equipment to be placed in the communications room. Sufficient space will be provided for the physical installation of the 3300 ICP, NSU, ASU and other related peripherals of the 3300 ICP product family; 2U of rack space for each device shall be made available in a standard 19" rack. To allow for serviceability access, there should be a minimum of 30" between the rear of equipment cabinet or rack and the wall. The cabinet or rack should be located no more than 50 feet from the main distribution frame (MDF). IVI CAI In the Event that new network serviced will be provided by a third party (such as additional trunks, wide area network connectivity, etc.), such services shall be tested and running prior to the implementation of the 3300 ICP Installation of Ethernet cabling will be complete. This cabling will follow industry standard (EIA T568B) CAT 5 requirements, with one end terminating at an Ethernet switch (or EIA -T568B CAT 5 patch panel) and the other end terminating at a drop location that is within 10 feet (3 meters) of the location of the IP telephony devices. If patch panels are used, they must be located within 20 feet (6 meters) of the Ethernet switches and optional MITEL it's about YOU Page 10 9/14/2010 Statement of Work 802.1af compliant inline power devices. Mitel IP telephony devices are factory equipped with an industry standard CAT 5 cable 10 feet (3 meters) in length. City of Tukwila will provide any additional CAT 5 patch cables required to connect additional City of Tukwila provided IP devices (i.e. PCs) to the Mitel IP telephony devices. Testing to ensure working condition of all installed CAT 5 cabling will be complete. In the event that there is an insufficient number of CAT 5 cables to each location where it is desired that an IP telephony device be connected, City of Tukwila will ensure that changes are made to the cable infrastructure to support the IP telephony devices. This requirement also applies to any other IP devices that City of Tukwila desires to connect to the data network. This requirement can be met through additional cable runs to the City of Tukwila locations, wireless networking technology or any other technology which facilitates the connection of purely data oriented devices. CAT 5 patch cables in sufficient number and length, which are required to complete connections between patch panels and City of Tukwila provided equipment, will be provided by City of Tukwila. A minimum number of patch cables equal to the number of installed IP telephony devices and of sufficient length to reach from the patch panel to the Ethernet switch are required. To ensure the success of implementation, City of Tukwila will not schedule installation and testing of the 3300 ICP during the following periods: when the City of Tukwila designated IT personnel are not available when other installations that will impact the LAN are scheduled when the office environment is not conducive to such activities (office construction, moving or expansions, etc.) Network specifications are provided as follows: The 3300 ICP requires an Ethernet switch or switches with sufficient port capacity to support all of the 3300 ICP telephony devices plus an additional port to support connection to the 3300 ICP. Each Ethernet switch must meet the following minimum requirements: Each port is capable of auto negotiating to 100mb /s operating at full duplex. The switch supports 802.1Q (VLAN tagging) and 802.1p (priority specification) protocols. The switch is 802.1 p/Q compliant and can be interconnected by a method that meets the manufacturer's specifications. This interconnection of Ethernet switches may take the form of 802.1p/Q VLAN trunking and must conform to the IEEE 802.1Q standard or another trunking method which ensures that VLAN and priority information remains intact and unchanged as it moves from one Ethernet switch to another. Interconnection of various VLANS requires a physical Ethernet port on a router or a virtual Ethernet interface on an 802.1p /Q trunk, or proprietary trunk, for every VLAN, which requires connectivity to other VLAN devices. Configuration of router perts virtual or physical -is the responsibility of City of Tukwila. Both DHCP and TFTP services are required for the successful implementation The 3300 ICP is configured by default to support these services. In the event that City of Tukwila chooses to provide either or both of these services from an external source, City of Tukwila will be responsible for implementation of any configuration changes required by Mitel Business Systems, Inc. to ensure the correct operation of the 3300 ICP. The installation of dual port IP telephony devices requires the configuration of at (east two VLANS. A default VLAN for untagged Ethernet frames is required to support the initial boot of the telephone. A second, distinct VLAN is required to support the voice Virtual network. This VLAN number and associated priority will be distinct and separate from any VLAN and priority numbers configured to support data oriented devices. In large deployments, it is possible that more than one VLAN will need to be configured to support all of the voice virtual networks. It will be the responsibility of City of Tukwila to implement and test the IP architecture required to support multiple VLANs. City of Tukwila must also assign IP addresses required for the IP telephony devices and provide the same to Mitel Business Systems, Inc. Key Dependencies The scope, pricing and successful completon of this statement of work is dependent on the key assumptions and WWI UI MITSL it's about YOU Page 11 9/14/2010 Statement of Work expectations listed below. Please review these assumptions carefully and validate their accuracy. Should these assumptions and expectations require modification, Mitel Business Systems, Inc. will endeavor to accommodate such modifications by revising the SOW or issuing a Change Order that documents the requested change and, if applicable, any impact on pricing. Designated Point of Contact City of Tukwila will assign a designated single point of contact to work with Mitel Business Systems, Inc. for the duration of the implementation. City of Tukwila will er.sure that during the period of implementation, Information Technology (IT) Telecom resources responsible for key LAN/WAN/Telephony configurations will be available to work with Mitel Business Systems, Inc. It is assumed that the assigned contact will have the authority to make decisions regarding implementation activities in a timely manner. Facilities City of Tukwila will provide full access to all of City of Tukwila premises as needed by Mitel Business Systems, Inc. to perform its responsibilities under this SOW. Any refusal of access shall relieve Mitel Business Systems, Inc. of its performance obligations and the implementation schedule shall be revised to reflect the delay City of Tukwila will also provide a suitable work area for Mitel Business Systems, Inc. personnel General Building Specifications City of Tukwila will be responsible for any additional costs that may be incurred for the supply and installation of any infrastructure that is required for the installation of cable as necessary for this implementation; this infrastructure includes but is net limited to conduits, floor ducts, overhead troughs, floor access, drilling holes, monuments, moving equipment and furniture, etc. It is assumed that any existing cable ducts troughs and /or conduits have sufficient space remaining to install new cabling as required for this implementation. City of Tukwila must identify asbestos contaminated areas prior to implementation. If Mitel Business Systems, Inc. discovers previously unknown asbestos contaminated areas during the implementation, Mitel Business Systems, Inc. will stop all work in this area until the asbestos is removed or the area is made safe for work to continue. Mitel Business Systems, Inc. shall not be held responsible for the delay caused as a result of asbestos contamination. City of Tukwila is responsible for the removal of asbestos and /or the coordination of and all costs associated with sourcing a company that specializes in installing cable in asbestos contaminated areas. Power and Environmental City of Tukwila must adhere to the equipment manufacturer's published power and environmental specifications and conform to all local electrical code requirements. City of Tukwila will provide power to purchased equipment via an adequate number of circuits provisioned according to the equipment manufacturer's specifications. City of Tukwila will assume responsibility for the cost to supply and install any infrastructure required to accommodate these published power and environmental specifications. Mitel Business Systems, Inc. recommends the installation of a UPS providing 60 minutes of standby power. Installation of power conditioning /surge suppression devices for all equipment is highly recommended. Cable Plant and Cross Connect Records City of Tukwila existing cable plant should conform to the EIA -T568B or UL/CSA standards and follow accepted wiring practices. Failure of the cable plant to meet the minimum acceptable requirements may result in a delayed cutover and /or additional expense. City of Tukwila will provide Mitel Business Systems, Inc. with a complete set of up -to -date cable records. Should these cable records be inaccurate or unavailable, Mitel Business Systems, Inc. will require the purchase of cable "Tone Testing." Current cable plant and cross connect records will be generated from the tone and testing procedure. Network Services Verification Liaison City of Tukwila will assume responsibility for all Network Service Provider liaison activities, including the ordering and delivery coordination of network services. City of Tukwila will provide Mitel Business Systems, Inc. with accurate Network Service Provider records identifying all existing network services and any new network services that are being ordered, including the expected delivery date(s) of the new services. The delivery date of new network services will be mutually agreed by Mitel Business Systems, Inc., the Network Services Provider and City of Tukwila, and this date will be documented as a milestone i.i the master project schedule. In the event that the Network Service Provider documentation given to Mitel Business Systems, Inc. proves to be inaccurate or unavailable, all Mitel Business Systems, Inc. labor required to verify and document the existing network services and /or coordinate the delivery of new services with the City of Tukwila Network Service Provider(s) is subject to an additional charge. Alternatively, Mitel Business Systems, Inc. can provide City of Tukwila with an additional quote for Network Service Provider "Audit, Verification and Liaison" services. MITEL it's about YOU Page 12 9/14/2010 Statement of Work Floor Plans City of Tukwila will provide Mitel Business Systems, Inc. with two copies of current floor plans that identify the placement of all desktop devices, voice mailbox users and PCs. These floor plans should be signed to indicate their completeness and accuracy. If City of Tukwila requests generation of required floor plans by Mitel Business Systems, Inc., a Change Order for additional labor will be required. Equipment Delivery Inventory Acceptance Process Mitel will coordinate equipment delivery with City of Tukwila based on a mutually agreed delivery schedule. At the time of delivery, both Mitel Business Systems, Inc. and City of Tukwila will inspect and take an inventory the equipment. To facilitate generation of this equipment inventory, Mitel Business Systems, Inc. will provide a Notice of Equipment Delivery (NED) form. Upon completion of the inventory, both the designated contact of Mitel Business Systems, Inc. and the designated contact of City of Tukwila will confirm receipt of the equipment by signing the NED form. City of Tukwila should be aware that equipment may be delivered to the site in stages, and City of Tukwila is responsible for equipment once it is delivered to the site. City of Tukwila will pre arrange for elevator and /or other facility access necessary to accommodate delivery. City of Tukwila agrees to provide for secure storage of equipment. City of Tukwila is responsible for the costs of any hoisting or building alterations that may be required to gain entry to the communications room. Design Programming Mitel Business Systems, Inc. will meet with City of Tukwila designated point of contact to review the Design Plan options purchased, introduce the StationNoice Mailbox Information Design Forms and agree on expectations for the completion and return of Design Forms. Training City of Tukwila will provide a suitable on -site training facility for purchased training classes. The training room must be adequately cabled for installation of the training room phones. City of Tukwila is responsible for providing the training room phones, scheduling the training classes for its employees and providing Mitel Business Systems, Inc. with a copy of the schedule. There should be a maximum of two people per set for display phones. Mitel Business Systems, Inc. will record attendance for eac h training class and provide a copy to City of Tukwila upon completion of training City of Tukwila Supplied PCs All City of Tukwila supplied servers and client PCs will meet the hardware software specifications for all application software purchased. Any additional work required by Mitel Business Systems, Inc. due to of "out -of- spec" City of Tukwila supplied PCs will be subject to an additional charge. City of Tukwila Supplied OEM Equipment City of Tukwila will provide Mitel Business Systems, Inc. all required information about the integration between the proposed equipment and all City of Tukwila supplied OEM equipment (including existing PBXs and Voice Messaging systems). City of Tukwila will assume responsibility for all OEM equipment vendor coordination as applicable. Product Specific Prerequisites Additional prerequisites may apply to the specific product solutions being implemented, refer to Description of Services and Deliverables section. Remote System Access and Alarm Reporting Remote system access will provide the most timely and efficient manner of performing remote database changes as well as diagnostics and /or proactive remote system monitoring. City of Tukwila will provide a dedicated 1 mb /fl (loop start business line) and modem or proactive remote system monitoring device if remote system access and /or monitoring functionality is desired. Remote system diagnostics /proactive remote monitoring services are available at additional charge and are not included in this statement of work. Change Management Mitel Business Systems, Inc. will review changes to this statement of work that are requested by City of Tukwila. As part of this review, Mitel Business Systems, Inc. will prepare a Change Order that documents the requested change and, if applicable, any impact on the implementation schedule and pricing. MITEL it's about YOU Page 13 9/14/2010 Statement of Work Mitel Business Systems, Inc. will incorporate the change into the project schedule and scope of work upon receipt of the City of Tukwila signed Change Order. It is important to note that changes requested during the "static phase" of implementation will result in changes to the previously negotiated "cut- over" date. The static phase of implementation will be identified in the master implementation schedule that is developed by Mitel Business Systems, Inc. with City of Tukwila. Mitel Business Systems, Inc. will work with City of Tukwila to anticipate requested changes prior to the static phase so as to minimize the impact of requested Change Orders on the negotiated "cut- over" date. Change requests that are received during the static phase will be reviewed according to the process outlined above. Terms and Conditions This Statement of Work (SOW) is subject to the terms and conditions of Master Sales and Support Agreement dated 09 /13 /2010executed by and between City of Tukwila and Mitel Business Systems, Inc. This SOW is also subject to the completion of a Site Survey by Mitel Business Systems, Inc. to validate Mitel Business Systems, Inc. understanding of site conditions as documented in this SOW and to identify any potential areas of concern. Any additional requirements or deliverables identified through the Site Survey, and /or requested by City of Tukwila, must be confirmed in writing through a Change Order or separate SOW. This Statement of Work (SOW) is also subject to the following terms and conditions: City of Tukwila acknowledges that while Mitel maintains overall responsibility for the management and delivery of the services requested, Mitel may utilize an authorized subcontractor(s) to perform some or all of the specific services defined herein. Mitel Business Systems, Inc. shall not be responsible for any delays in the implementation of the proposed equipment that resu:t from incomplete or inaccurate information supplied by City of Tukwila. Any work performed by Mitel Business Systems, Inc. that is not listed in the scope of work or which is required to assist City cf Tukwila with the completion of site preparation activities will be subject io the change management process described above. o Mitel Business Systems, Inc. will not be responsible for any delays attributed to faulty cabling. In the event that a universal power supply (UPS) is not provided, Mitel Business Systems, Inc. shall not be responsible for any or all damage(s) related directly or indirectly to power related problems. Mitel Business Systems, Inc. shall not be responsible for any failure of equipment or network service resulting from the integration of the equipment with any City of Tukwila supplied OEM equipment. City of Tukwila shall at its expense indemnify and defend Mitel Business Systems, Inc., its parent and subsidiaries from any claim of actual or alleged infringement of valid Canadian or U S. intellectual property rights arising from City of Tukwila integration of the proposed equipment with any City of Tukwila supplied OEM equipment. PRICE The price for the Equipment is $256,026.84 ('Purchase Price excluding taxes. The Purchase Price may be adjusted to reflect any new configuration of the Equipment. The Customer shall pay under the following schedule 25% upon execution of this Agreement Customer; 50% upon physical delivery of the Equipment; 25% upon Cutover. Completion Acceptance Criteria The provision of implementation services shall be deemed completed upon system cutover, as specified in the Notification of Cutover form submitted to City of Tukwila by Mitel Business Systems, Inc. If City of Tukwila has purchased optional post- cut -over support services, Mitel Business Systems, Inc. will provide L •I MITEL it's about YOU Page 14 9/14/2010 these additional services immediately following cutover for the duration purchased. Notice to Proceed By executing below, City of Tukwila confirms that it has read, understood and agreed to the terms and conditions of this SOW and hereby provides notice to Mitel Business Systems, Inc. to proceed with the work described in this SOW Mitel Business Systems Inc. Authorized RepresentatiGe Ross Sutherland Printed Name September 14, 2010 Date Customer Purchase Order# la' L& I Vice President, US Professional Services Title Title City of Tukwila Authorized Representative S v{ iCAL R1-rr Printed Name CA, Pc4- Date' *>-r l 30 1 Next Steps Upon receipt of Notice to Proceed and confirmation of purchase order receipt, Mitel Business Systems, Inc. will initiate the following "next steps 1 Contact City of Tukwila to schedule implementation dates and introduce Mitel Business Systems, Inc. Project Manager (if applicable). 2. Assign trained and certified technical re Sources following confirmation of scheduled implementation dates. These resources will ensure successful implementation of the product(s) and solutions as detailed in this SOW. 3. Schedule a Project Kick -off Meeting /Conference cal! with City of Tukwila. During this meeting, Mitel Business Systems, Inc. will introduce the implementation team, work with City of Tukwila to develop a detailed project schedule, set project milestones and discuss all aspects of this implementation. The Kick -off will provide an opportunity for Mitel Business Systems, Inc. and City of Tukwila to address any outstanding questions or areas of concern In addition, Mitel Business Systems, Inc. system designer will consult with the designated contact of City of Tukwila to further clarify requirements and expectations. The system designer will also review station information design forms and identify any other information that Mitel Business Systems, Inc. will need from City of Tukwila to complete the implementation 4. Begin implementation according to this statement of work and the agreed implementation schedule First Year Support Plan Scope and Definition of Support Services Statement of Work MITEL it's about YOU Page 15 9/14/2010 enP During the first twelve (12) months from Cutover, Mitel will provide services for the Equipment and Applications at the Site as follows: Day Service 8 x 5 Plan with 4 Hour Response for Major Failures Description of Coverage: Equipment Proactive Remote Monitoring 24x7x365 (24 hours per day, seven days per week, 365 days per year) remote monitoring of alarms from PBX and /or voice messaging system(s) that is /are covered by this Support Plan. Hours of Coverage 8 a.m. 5 p.m. Monday through Friday (local time at the Site, excluding Mitel Networks' locally observed holidays) remote and onsite support for a Major Failure or Minor Failure. Support provided outside these coverage hours will be billed at Mitel's then current rates. Response Objectives Major Equipment Failure Response within two (2) business hours (Monday through Friday 8 a.m. 5 p.m. at the local tirne at the Site, excluding Mitel Networks' locally- observed holidays) upon receipt of a trouble report of a Major Failure by attempting to clear the failure remotely and /or contacting the End -User to begin troubleshooting the system failure. Onsite response within four (4) business hours (Monday through Friday 8 a.m. 5 p.m. at the local time at the Site, excluding Mitel Networks' locally- observed holidays) upon receipt of a trouble report of a Major Failure, which cannot be resolved by a remote engineer. Minor Equipment Failure o Response within eight (8) business hours (Monday through Friday 8 a.m. 5 p.m. at the local time at the Site, excluding Mitel Networks' locally- observed holidays) upon receipt of a trouble report of a Minor Failure by attempting to clear the failure remotely and /or contacting the End -User to begin troubleshooting the system failure. Onsite response within the next business day (Monday through Friday 8 a.m. 5 p.m. at the local time at the Site, excluding Mitel Networks' locally- observed holidays) upon receipt of a trouble report of a Minor Failure, which cannot be resolved by a remote engineer. Parts Replacement Expedited replacement of defective parts and materials is included in this Support Plan. Statement of Work Additional Services Network service provider liaison support: Mitel will communicate and cooperate with the End User's network service provider to determine the source of Equipment failure (when applicable). Clock will be changed remotely twice per year (when applicable) at the End User's request. Preventive maintenance checks will be performed twice annually Description of Coverage: Application(s) Hours of Coverage 8 a.m. 5 ,p.m. Monday through Friday (local tirne at the Site, excluding Mitel Networks' locally observed holidays) remote or onsite support for a Major or Minor Application Failure (as defined 6(d)) Response Objectives Major Application. Failure CI Four hour response upon receipt of a trouble report of a Major Application Failure (as defined 6(d)). Four hour response includes one or more of the following: attempting to resolve the failure through remote diagnostics, MITEL it's about YOU Page 16 9/14/2010 contacting the Customer to begin troubleshooting the Application Failure; or on -site arrival of a Mitel engineer Minor Application Failure Next business day response (Monday through Friday 8 a.m. 5 p.m. at the local time at the Site, excluding Mitel Networks' locally observed holidays) upon receipt of a trouble report of a Minor Application Failure. Next business day response includes one cr more of the following: attempting to resolve the failure through remote diagnostics, contacting the Customer to begin troubleshooting the Application Failure; or on -site arrival of a Mitel engineer Software Updates Provision of software updates, containing maintenance fixes, will be provided as needed to resolve a Major or Minor Application Failure. Defective Media Replacement Replacement of defective software media is included in this Support Plan. Additional Services Liaison support: When applicable, Mitel will communicate and cooperate with the OEM network equipment and /or application software supplier to determine the source of the software application failure. Requirements Equipment must be properly connected (when applicable) to a Mitel Proactive Remote Monitoring Unit. Please initial your agreement to provide a dedicated central office business line (1mb /1F and dial -in phone number and grant access to Equipment by providing required access codes or passwords. Equipment that is used to run or is otherwise integral to the proper functioning of Mitel- provided Applications must be properly connected to a modem and PC Anywhere Host. Please initial your agreement to provide a dedicated central office business line (1mbJ1 -L), dial -in phone number, PC Anywhere Host, and equipment /software application access codes cr passwords. End -User Signature c 'l- t1- ID Date IYU LLI Statement of Work Note: Any peripheral or ancillary products not listed above may be serviced, at Mitel's option, at the End User's request on a time and materials basis at then current support services rate. MITEL It's about YOU Page 17 9/14/2010 MITEL MiServce Solutions MITE it's about YOU Support P an Prepared for: City of Tukwila Prepared by: David Budke Date: September 13, 2010 Agreement 042109 -MBS SOW 76747- 1283281059 Version Number: Page 1 1 0 1 aort City of Tukwila 10-014 4 Council APINoval 9/7/10 9/7/2010 I VII 1A11 Support Plan Scope and Definition of Support Services Selected Plan: Day Service 8 x 5 Plan with 4 Hour Onsite Response for Major Failures Customer Customer: City of Tukwila Site Address: 6200 Southcenter Boulevard, Tukwila, WA 98188 Term of Support The term of support services (as outlined below) is 4 years from the Effective Date defined below. Covered Equipment A list of Equipment to be supported under this Support Plan can be found in this document under Support Plan Covered Equipment and Applications List. Description of Coverage: Equipment City of Tukwila Proactive Remote Monitoring 24x7x365 (24 hours per day, seven days per week, 365 days per year) remote monitoring of alarms from PBX and /or voice messaging system(s) that is /are covered by this Support Plan. Hours of Coverage 8 a.m. 5 p.m. Monday through Friday (local time at the site, excluding Mitel Networks' locally observed holidays) remote and onsite support for a Major Failure or Minor Failure. Support provided outside these coverage hours will be billed at Mitel's then current rates. Response Objectives Major Equipment Failure Response within two (2) business hours (Monday through Friday 8 a.m. 5 p.m. at the local time at the site, excluding Mitel Networks' locally observed holidays) upon receipt of a trouble report of a Major Failure by attempting to clear the failure remotely and /or contacting the End -User to begin troubleshooting the system failure. Onsite response within four (4) business hours (Monday through Friday 8 a.m. 5 p.m. at the local time at the site, excluding Mitel Networks' locally observed holidays) upon receipt of a trouble report of a Major Failure which cannot be resolved by a remote engineer. Minor Equipment Failure Response within eight (8) business hours (Monday through Friday 8 a.m. 5 p.m. at the local time at the site, excluding Mitel Networks' locally observed holidays) upon receipt of a trouble report of a Minor Failure by attempting to clear the failure remotely and /or contacting the End -User to begin troubleshooting the system failure Onsite response within the next business day (Monday through Friday 8 a.m 5 p.m. at the local time at the site, excluding Mitel Networks' locally observed holidays) upon receipt of a trouble report of a Minor Failure which cannot be resolved by a remote engineer. MITEL it's about Page 2 9/7/2010 Parts Replacement Expedited replacement of defective parts and materials is included in this Support Plan during the coverage hours purchased as detailed above. Additional Services Network service provider liaison support: Mitel will communicate and cooperate with the End User's network service provider to determine the source of Equipment failure (when applicable). Clock will be changed remotely twice per year (when applicable) at the End User's request. Preventive maintenance checks will be performed twice annually at the End User's request. Requirements Equipment listed on the attached Support Plan Covered Equipment and Applications List must be properly connected (when applicable) to a Mitel Proactive Remote Monitorin Unit. Please initial your agreement to provide a dedicated central office business line (1 mb /1 FL) and phone number and grant access to Equipment by providing required access codes or passwords. Price of Support The 4 Year Support Plan fee is $81,891.46, excluding taxes. The payment is due upon the date of Acceptance "Acceptance Date yy MITEL it's about City of Tukwila Page 3 9/7/2010 Support Plan Covered Equipment and Applications List MCD 4.1 on 3300 6200 part of MCD 4.1- Enterprise Multiple Site Element ,‘,:f.1);3300 Orr o ?r .nc:.,,, 1 MXe AC POWER SUPPLY 1 MXe RAID SUB SYSTEM 3 T1 /E1 COMBO MMC II 1 3300 MXe 80G PATA HDD 2PK (CNTL Server) 1 3300 MXe II Controller 2 PWR CRD C13 10A 125V NA PLUG 1 MCD Enterprise PBX Software Mite: Communicatio: 0:10 ei,ee 10 MCD Mailbox license 2 MCD Network Link License 161 MCD Enterprise License 129 MCD Enterprise Dynamic Extension Desktop Devioes C:.'" :5300 12 Mitel Line Interface Module (NA 8 IP Conference Saucer Dark Grey 8 5310 IP CONFERENCE MODULE (5300 SER 5 CORDLESS HANDSET WITH MODULE NA 12 Cordless Headset Module Bundle NA DECT 127 5330 IP Phone (Backlit) 1 Management Access Point PRO GBL MCD 4.1 on 3300 0300 part of MCD 4.1 Enterprise Multiple Site Element MC[):3300 Coro .rid Sc" 2 DUAL T1 /E1 TRUNK MMC 1 MXe AC POWER SUPPLY 1 MXe RAID SUB SYSTEM 1 ASU II 1 3300 MXe 80G PATA HDD 2PK (CNTL- Server) 2 24 port ONSp card 1 3300 MXe II Controller 3 PWR CRD C13 10A 125V NA PLUG 36 MCD ONS license 1 MCD Enterprise PBX Software 10 MCD Mailbox license 2 MCD Network Link License 141 MCD Enterprise License 157 MCD Enterprise Dynamic Extension L „>31S:31r, 1 5550 IP CONSOLE NA DARK I. i.sktop 4.i£' "r 5203 i 35 156 5330 IP Phone (Backlit) an Acco 5:-; tr 1 Call Accounting 1 to 500 Extensions OLrvl Connectivity, i:..:. ?5: ;lief'. 2 3300 ICP PATCH PANEL ®MITEL it's about Live Business Gateway rel. 3.1 A?v'ict=i?rl:Livs' li.,, y 24 (AMC) Live Business Gateway 10 User Lic 1 LIVE BUSINESS GATEWAY WINDOWS VERSION City of Tukwila Page 4 9/7/2010 Mitel Applications Suite (MAS) R2.1 1 MBG TW service 10 User 1 MBG TW service 50 User ikluPra r{! E =i ;3vt; ess aqi' 1 (AMC) NPM IP -IP Integration Option 1 (AMC) NPM IP- Record -a -Call Applications Suits' 7 MAS AWC AUD/WEB UP FOR 3300 (1 USR 2 MAS Nupoint Advanced UM 10 Users 1 MAS Nupoint Advanced UM 1 User 6 MAS Nupoint Advanced UM 50 Users 1 MAS NPUM M'Box &Calldir3300(1 User) 3 MAS NPUM M'BOX &CALLDIR3300(10USER) 1 MAS NPUM M'BOX &CALLDIR 3300(250USER) 1 MAS SOFTWARE BASE+ MBG BASE End -User: Address: Term: c End -User Signature Note: Any peripheral or ancillary products not listed above may be serviced, at Mitel's option, at the End User's request on a time and materials basis at then current support services rate. MITEL it's about City of Tukwila, 6200 Southcenter Boulevard, Tukwila, WA 98188 4 Years shall commence one year from the Acceptance Date "Effective Date 1 I j I Date City of Tukwila Page 5 9/7/2010 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor TO WHOM IT MAY CONCERN: LETTER OF AGENCY We have retained Mitel NetSolutions located at 4310 East Cotton Center Boulevard, Bldg. "A" Suite 100 in Phoenix, Arizona to interface with your company(ies) regarding all aspects of our telecommunications and services. Under the terms of this agreement and by this letter, we do hereby authorize Mitel NetSolutions to act as our agent. Per our direction they shall handle all negotiations for service requests, subject to the City's approval. Any orders issued are to be finalized ONLY WITH OUR WRITTEN APPROVAL. This Agency shall continue in effect until you are notified of its cancellation in writing. This authorization shall in no way preclude our ability to act in our own behalf when we deem it necessary. Upon their request, please send any correspondence to: Mitel NetSolutions 4310 East Cotton Center Boulevard, Bldg. "A" Suite 100 Phoenix, Arizona 85040 Signed this day of 61yyvbn.1" 2010. i Haggerto ayor, Cit (ikwila Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 Website: www.ci.tukwila.wa.us