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HomeMy WebLinkAboutService Agreement Renewal & Supplemental Terms & Conditions - MicroIntegration Holdings LLC - VoIP Phone and VoicemailBUILDING BOULEVARD CITY OF • BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 9, 2019 Rob Dodson MicroIntegration Holdings, LLC 460 Stull Street, Suite 200 South Bend, IN 46601 RE: Service Agreement Renewal and Supplemental Terms and Conditions Dear Mr. Dodson: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on July 9, 2019, approved the above referenced agreement for renewal of the VoIP Phone/Voicemail environment in the amount of $9,752/month for thirty-six (36) months for a total of $351,072. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU w INTER -OFFICE MEMORANDUM Department of Innovation & Technology City of South Bend 227 W Jefferson Blvd 1865 TO: Board of Public Works, Linda Martin CC: Dan O'Connor, Dan Parker, Michael Schmidt, Sandi Kennedy, Clara McDaniels FROM: Shawn Delahanty SUBJECT: Renewal of VoIP Phone Agreement DATE: 6/21/19 Linda and Members of the Board We are submitting for review and approval the renewal of our agreement for Voice Over Internet Protocol (VoIP) phone service. The agreement includes all phone service (1221 phone sets, 1661 phone lines), long distance, voicemail, storage, backup, monitoring, and support associated with the City's network -connected phones. The Department of Innovation & Technology is recommending extending the agreement with Micro Integration by an additional 3 years. We will continue to receive service at the same monthly recurring cost ($9752) as was negotiated at the beginning of the current agreement in 2014. Thank you. Shawn Delahanty Recurring Services Description Recurring Qty 1TB Utility SAN Storage $85.00 1 BaaS - Veeam $20.00 8 MI Cloud Telephony $6,347.00 1 Premium Monitoring $1,000.00 1 16 hours per month - support hours w/rollover $135.00 16 Recurring Subtotal Ext. Recurring $85.00 $160.00 $6, 347.00 $1,000.00 $2,160.00 $9,752.00 Cisco VOIP Services Renewal Prepared by: Prepared for: Quote Information: M icrol nteg ration Holdings, LLC City of South Bend Quote #: 004329 Rob Dobson 227 W.'Jefferson 12th Floor Version: 1 (574) 674-6777 ext. 6779 South Bend, IN 46601 Delivery Date: 06/18/2019 Fax (574) 256-6776 Shawn Delahanty Expiration Date: 07/12/2019 rob.dobson@microintegration.net (574) 245-6205 sdelahan@southbendin.gov Recurring Expenses Summary Description Amount Recurring Services $9,752.00 Recurring Total Payment Options $9,752.00 Description Payments Interval Amount Agreement Term 36 Month Agreement 36 Monthly $9,752.00 Taxes, shipping, handling and other fees may apply. We reserve the right to invoice all orders arising from actual pricing or other errors. Microlntegration Holdings, LLC Signature: Name: Rob Dobson Title: Director of Sales Date: 06/18/2019 City of South Bend Signature: 'kt"Pummift Of P Name: Shawn Delahanty Title: Director of Servic -hot ` 01, n'. Supplemental Terms and Conditions: Cloud Services Agreement The terms and conditions detailed herein are provided to Customers who purchase Cloud Server, Storage, Backup as a Service (Baas), or Disaster Recovery as a Service (DRaaS) delivered over the Microlntegration Network. This Supplement is governed by, and incorporated into, the Master Products and Service Agreement between the Parties. 1. GENERAL: DEFINITIONS 1.1 Service Description. Cloud Services are an Infrastructure as a Service ("laaS") offering. Cloud Services provide Resource Pools, Bare Metal Servers and/or Private Cloud Storage. The Services are hosted in a microlntegration Managed Data Center. 1.2 Definitions. Unless otherwise defined herein, capitalized terms in these terms and conditions shall have the definitions attributed thereto in the Master Products and Services Agreement. "Managed Cloud Servers (MCS)" - virtual servers that utilize customized compute, memory, and storage resources and are controlled by a micro Integration managed hypervisor. The compute and memory components may be allocated together in one of the following ways: 0 1. Dedicated - 100% of purchased compute and memory is available at all times. 0 2. Flexible - Dynamic availability of the compute and memory components.. « "Managed Private Storage (MPS)" - logically segregated storage capacity presented to the customer as an iSCSI volume or NFS share. If Managed Private Storage is purchased in conjunction with a Managed Cloud Server, storage data transfer between the MCS and MPS switch fabric is provided at no additional charge. • "Performance MPS" - SAN storage provisioned as RAID 5 and consists of 15,000 rpm SAS drives with SSD cache. Storage QoS is utilized to provide 1000 IOPS per TB purchased. This storage is ideal for high 10 servers. "Capacity MPS" - SAN storage provisioned as RAID 6 and consists of 7,200 rpm Enterprise SATA drives with SSD cache. Storage QoS is utilized to provide 500 IOPS per TB purchased. This storage is ideal for medium 10 servers. Page 1 of 5 • "Utility MPS" - SAN storage provisioned as RAID 6 and consists of 7,200 rpm Enterprise SATA drives. Storage QoS is utilized to provide 250 IOPS per TB purchased. This storage is ideal for low/medium 10 servers. • "BaaS" or "Backup as a Service" - An enterprise class managed backup service provisioned utilizing an MI MCS provided backup repository in one of our MI certified data centers. • "DRaaS" or "Disaster Recovery as a Service" - An enterprise class managed Disaster Recovery service that allows the replication of virtual servers to an MI MCS provided Disaster Recovery Cluster to provide failover in the event of a man-made or natural catastrophe. 2. SERVICE -SPECIFIC CHARGES AND SERVICE TYPES 2.1 Managed Cloud and Storage Services. Subject to the terms and conditions of this Agreement and any applicable Order Forms, in consideration for the Installation Charges and Recurring Charges, micro Integration will provide to Customer with Managed Cloud Servers and/or Managed Private Storage services. 2.2 Billing for Managed Cloud Servers. Billing for Managed Cloud Servers (MCS) is performed on a calendar -month basis. A pro -rated portion for the first month's service will be included on the first invoice plus the next month's service in advance. Non -recurring Charges ("NRC") will be included on the invoice for applicable installation or service changes as directed by Customer. Customer may upgrade its configurations by executing an Order Form. No early termination charge shall apply and the upgraded service shall remain coterminous to the original Order Form for such upgrade. Rates for MCS are calculated according to the configuration choices allowed within the acceptable ratio range as follows: • Compute - per vCPU with quantities of 1, 2, 4, 6, 8, or 16 • Memory - per GB with quantities from 1GB to 128GB • Storage - Performance, Capacity, or Utility as defined in Section 1.2 and available from 50GB to 50TB. 2.3 Billing for Managed Private Storage. Billing for Managed Private Storage (MPS) is performed on a calendar -month basis. A pro -rated portion for the first month's service will be included on the first invoice plus the next month's service in advance. Non -recurring Charges ("NRC") will be included on the invoice for applicable installation or service changes as directed by Customer. Customer may upgrade its configurations by executing an Order Form. No early termination charge shall apply and the upgraded service shall remain coterminous to the original Order Form for such upgrade. Rates for MPS are calculated according to the configuration choices allowed within the acceptable ratio range as follows: • Storage - Performance, Capacity, or Utility as defined in Section 1.2 and available from 50GB to 50TB. • Connectivity - Ethernet (iSCSI) connectivity from customer switches or hosts to the MPS switch fabric is billed per GB connectivity with quantities of 1,2,4 and 10. 2.4 Customer Responsibilities. Customer is solely responsible for: (a) configuring and maintaining the operating systems for the MCS; (b) installation and/or patching of any applications for the MCS; (c) obtaining and maintaining all licenses required for the operating systems installed on the MCS; (d) performing back-ups of Customer's data; (e) the security, including the encryption of, or loss of stored data; (f) the integrity of its data; and (g) the On and/or Off -Boarding of Customer's data onto the Service. Page 2 of 5 2.5 Customer's Access to Data. If this Agreement is terminated then Customer will have access to Customer's data for thirty (30) days immediately following the termination ("Removal Interval"). Upon request, micro Integration may, at its sole discretion, assist in Customer's retrieval of its data. micro Integration shall destroy any Customer data that remains after the Removal Interval. microlntegration reserves the right to periodically backup its Cloud Services and all associated customer data. Backups will be capturing only the data on the Services at the time of the backup. micro Integration will maintain one copy of any backup and destroy all previous versions. In the event of a Force Majeure Event, micro Integration will offer best effort to provide backup data to the customer and assist in Services restoral. Backups are intended for assistance only during a restoral of Services, and are not available to Customer for convenience. 2.6 Unauthorized Access to Customer's Data. micro Integration is not responsible to Customer for unauthorized access to Customer's data or unauthorized use of the Service. Customer is responsible for the use of the Service by any of Customer's employees, affiliates, officers, directors, shareholders, agents or representatives, or any other person given access to the Service, and any person who gains access to Customer's data or Services as a result of Customer's failure to use reasonable security precautions, even if such use was not authorized by Customer. 2.7 Customer Confidentiality. Customer's data is confidential and Micro Integration confirms that all data and information will remain this way. Confidentiality of the data the Customer is housing in Micro Integration systems is secured; and Micro Integration will not access this data other than for documented service testing reasons. Customer data stored within any Microlntegration Cloud Service is and will remain the property of the customer and Micro integration shall have no ownership or claim to this data. 2.8 Customer Data Recovery SLA. In regards to recovery of information for our BaaS offering, customer may come onsite within 4 hours of request to physically obtain a full copy of data transferred to a portable device for emergency recovery purposes. Microlntegration will provide Customer with ongoing backup service 24x7x365 and will adhere to Customer RPO/RTO as defined on the Order Form. 3. SERVICE LEVEL AGREEMENT micro Integration will use commercially reasonable efforts to maximize availability of the Managed Cloud Server and Managed Private Storage solution, and provides performance guarantees as detailed in this Section 3. Customer acknowledges that micro Integration may need to perform routine maintenance to the network between the hours of 12:00 AM and 4:00 AM local time. Such maintenance is acknowledged to not be considered for overall measurement of standards of performance and meeting service metrics. 3.1. Managed Cloud Server Uptime Definition. A Managed Cloud Server is considered available if the allocated resources are accessible for customer use and traffic can be passed between the micro Integration Data Center and the micro Integration data backbone. 3.2. Managed Private Storage Uptime Definition. Managed Private Storage is considered available if the storage array can read or write data and traffic can be passed between the storage array and the microlntegration switch fabric. 3.3. Uptime Guarantee. For customers who have two or more connections to the micro Integration Network within a Datacenter Facility, micro Integration guarantees 100% uptime for both MCS and MPS services. Page 3 of 5 3.4. Remedy for Failure. If (1) hour after being notified of any failure of service guarantee Listed in section 3.3, micro Integration fails to remedy such failure, microlntegration will credit Customer's account 50% pro-rata charges for such services. If the failure continues for two (2) continuous hours, micro Integration will credit Customer's account 100% pro-rata charges for such services provided that all such credits will not exceed an aggregate maximum credit of Cloud service charges otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month. All credits provided for under this Service Level Agreement are calculated by reference to the monthly recurring charge of the affected Managed Cloud Server or Managed Private Storage volume. Any other fees, including, but not limited to, non- recurring charges, local access circuits, space rental fees, managed services, incremental bandwidth usage, electricity, and hourly support charges, are excluded in the calculation of applicable credits. 3.5. Customer Credit Request. Customer must notify micro Integration within five (5) business days from the time Customer becomes eligible to receive a credit under this Service Level Guarantee to receive such credit. Failure to comply with this requirement will forfeit Customer's right to receive a credit. Credits are calculated after deduction of all discounts and other special pricing arrangements, and are not applied to governmental fees, taxes, surcharges, and similar additional charges. 3.6. Limitation on Remedies. If Customer is entitled to multiple credits under this Service Level Agreement, such credits shall not be cumulative beyond a total of credits for one (1) calendar month in any one (1) calendar month in any event. micro Integration's suspension or modification of service in accordance with the terms of this Agreement shall not be deemed to be a failure of microlntegration to provide adequate service levels under this Agreement. In no event shall Customer be entitled to any credit on its charges to the extent that the Downtime is caused by Customer attempting to exceed the maximum rated capacity of the provisioned MCS and MPS solutions. 3.7. Exclusions. Customer shall not receive any credits under these Service Level Agreements in connection with any failure or deficiency caused by or associated with any of the following: • Circumstances beyond micro Integration's reasonable control, defined as Force Majeure in the Agreement. • Failure of local access circuits to the micro Integration Network, unless such failure is caused solely by micro Integration. • False SLA breaches reported as a result of outages or errors of any SLA measurement system. • Acts or omissions by Customer, Customer's agents, Customer's contractors, or Customer's vendors, including but not limited to negligence, willful misconduct, breach of microlntegration's Acceptable Use Guidelines or Anti-SPAM Policy, failure to provide micro Integration or its agents adequate access to the facilities, or otherwise causing microlntegration to be unable to meet any of the criteria set out in this SLA. • Scheduled maintenances, emergency maintenances, or necessary network upgrades. • Disconnection by micro Integration for non-payment or other Customer default or breach under the terms of this Agreement. Page 4 of 5 4. EXECUTION This document may be executed in multiple counterparts, all of which taken together constitute one and the same instrument. This document may be executed by facsimile. The Parties have executed this document as of the last date of execution below. Microlntegration, Inc. By:. ................ Print Name: Date: Customer By: Page 5 of 5 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 6/21/2019........................................ Department Innovation & Name Shawn Delahanty Technology BPW Date 7/9/19 Phone Extension 6205 .... lie_q!red Prior to Submittal to Board BPW Attorney Z Attorney Name McDaniels Dept. Attorney ® Attorney Name Kennedv Purchasing ® Schmidt Check the Professional Services Agreement ❑ Open Market Contract [-1 Bid Opening Quote Opening Proposal Opening Chg. Order, No. ❑ Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description to Item °lie Contract El Amendment/Addendum F-1 Bid Award El Quote Award El C/O & PCA No. ❑ Traffic Control Information All Submissions Proposal U Special Purchase, QPA Req. to Advertise ❑ Title Sheel Reject Bids/Quotes [� PCA Resolution Ease./Encroach Micro I ntegat:ion Yes ❑ If Yes, µApproved by Purchasing ...........- No MBE Completed E-Verify Form Attached ❑ No WBE VoIP Phone Service Renewal IT OperatinR_mmmmmmmmmmmm 279-0672-415.36-04 . ..................... __�.-------------- $9752 monthly for 36 months ($351,072 Total) ...... 36 months .............................. . .................. ...w......... Renewal of the contract for our VoIP Phone/Voicemail environment. .. For Ch n .& _Q jders O ly Amount of ❑ Increase $.. ❑ Decrease �$ ) Previous Amount $ Increase....��.._.......... % � ..._._. __._..........w ..._....................... _... Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease % Time Extension Amount: New Completion Date: