PARTNER ASSURANCE SUPPORT SERVICES - BASE TECHNICAL SUPPORT AGREEMENTPartner Assurance Support Services - Base Technical Support
Agreement
This agreement between City of Clearwater and Ancom Systems includes Waive months
of Avaya Partner Assurance Support Services - Base Technical Support supplied to Ancom
systems on behalf of City of Clearwater. This agreement is in addition to the Ancom
published time and materials price schedule. AU time and materials supplied by Ancom
Services (including any time and materials required by Avaya and approved by end-user for
resolution of issues) will be charged in accordance with the Ancom published time and
materials price schedule (attached).
A) Partner Assurance Support Services — Base Technical Support
Partner Assurance Support Services - Base Technical Support service provides Ancem
Systems ("Partner") access to product-specific corrective content (operational software
updates and patches), plus access to Avaya Level 3 Global Network Technic& Support
Center (GNTS) for remote technical assistance and emergency recovery for issues
associated with the operation and maintenance of Avaya software solutions at CUSTOMER
site located at:
Avaya Site 1D#318818112
100 S. Myrtle Ave
Clearwater, Fl 33756
Ancom Systems will perform Level 1 and Level 2 support for any problem reported by
authorized personnel. Ancom Systems Will diagnose and resolve all Level 1 and Level 2
issues before escalating to Avaya Technical Support for Level 3 support. Avaya Technical
Support consists of both telephone and web-based support services staffed by Avaya
support erigineers. Avaya Technic& Support provides assistance with the diagnosis of
defects and/or failures of Avaya products relative to published documentation.
B) Partner Assurance Support Services - Base Technical Support/Avaya
Deliverables
This service provided to Ancom Systems, on behalf of City of Clearwater, includes:
• Call Center Technical Support - Telephone support that provides technic& assistance
with diagnosis of defects or failures in the Avaya operational and application software
in conformance with published documentation. It addresses Business Critical, Major
or Minor issues as defined in TL 9000 Severity Classifications.
• Seeergency Recovery Services (ER), which address El emergency issues,, as defined
in TL 9000 Severity Classifications.
• Access to Avaya's Technical Support web site 24 hours a day, seven days a week.
Authorization for access to restricted electronically distributed web site software
products are provided to the Partner as part of this service.. Depending on the
product, information available to the Partner may include, but is not limited to, (1)
status review of known operational and application software problems; (ii) download
of operational and application software products and updates; (iii) access to technical
documentation; (iv) ability to log a case; (v) status view of outstanding Return
Material Authorizations (RMAs).
Software downloads - The partner will be entitled to receive operational software
updates and patches for applicable products. Operational software updates will not
include new software releases or other major functionality upgrades, or migration to
a substantially new or next-generation product or to a different category of product
(e.g., from an enterprise to a carrier grade of product); or maintenance updates,
patches or fixes only made generally available as part of a new software release or
other major functionality upgrade (which must be purchased separately).
C) Avaya Priority Level Descriptions
TL 9000
Priorit
Critical
Major
Minor
Priority
El
Loss of service
Business
Critical
Semtice and
performance
affecting
Major
Service and
performance
affecting
Minor
Non-service
or -
performance
affecting
Issues that severely affect service, capacity/traffic,
billing and maintenance capabilities and require
immediate corrective action, regardless of time of day
or day of the week.
Any major degradation in system or service
performance that affects service quality or significantly
impairs network operator control or operational
effectiveness. An overall network is degraded, resulting
in severe limitations to operations, or a network
management software product has a major feature that
is not working properly, with only difficult workaround. I
Issues that result in conditions that seriously affect
system operation, maintenance or administration, etc.
and require immediate attention. The priority is lower
than Business Critical issues because of the less severe
or less imminent impact on system performance, on the
partner and on the partner's operation and revenue. i
Issues that do not significantly impair the functioning of
; the system and do not significantly affect service to the
partner. These problems are tolerable during system
use
D) General Avaya Responsibilities for Partner Assurance Support Services -
Base Technical Support
The Avaya technical support organization will use commercially reasonable efforts to provide
Ancom Systems with remote assistance related to Avaya system operation and maintenance
issues affecting products covered under the terms of this service. This service ineludes the
following
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• Providing remote support via modem, broadband or VPN access
• Providing a single point of contact in support of partner's Level 2 personnel to
resolve Avaya product issues
• Logging and tracking problems reported by Ancom Systems
• Providing case status updates as required by procedures/situation
Contributing to the solutions knowledge base accessible by business partners
• Isolating Avaya product defects
• Escalating unresolved product defects to the next appropriate level of support
• If Avaya diagnoses that a reported problem is due to non-conformance to published
specifications of a supported operational software version, Avaya will provide any
operational software fix for the reported non-conformance available at the time the
problem is reported.
• If there is no available software fix, Avaya will use reasonable commercial efforts to
remedy such non-conformance, which may include a workaround or other temporary
or permanent fix to the operational or application software, Software corrective
content is provided based on the lifecycle status of the software and in accordance
with Avaya's Life Cycle Management Practice. Problem troubleshooting may require
efforts to verify and/or recreate the reported nonconformance on the latest
supported generally available software version. If the product software is not a
currently supported version Ancom Systems may be directed to advise the end-user
to upgrade to obtain assistance
If Avaya is unable to complete its diagnosis remotely, Avaya may, at its sole
discretion, dispatch a service technician to facilitate diagnosis. There will be no
additional charge to the partner for such dispatch unless (i) Avaya dispatched the
technician at the request of Ancom Systems and the end-user to verify or confirm a
diagnosis by Avaya that the reported problem is caused by third-party equipment; or
(n) Ancom Systems was not able to provide sufficient information for diagnosis of the
problem. If Avaya diagnoses that the reported problem is caused by reasons not
attributable to Avaya, then Avaya will invoice Ancom Systems, who will in-turn
invoice the end-user, the then-current Avaya time-and-material fees plus associated
travel and living expenses.
For Emergency Recovery (ER) cases, Avaya strives to immediately assign an
engineer upon receipt of the call. Thereupon, Avaya will provide continuous service
(24 hours a day, seven days a week) as applicable until the service level is restored
to pre-incident operation. The ER team will be in constant contact with the partner, if
required by the partner, throughout case resolution activity.
E) General Partner Responsibilities for Partner Assurance Support
Services - Base Technical Support
The partner is responsible for
• Delivering technical support to the customer utilizing trained personnel who meet the
certification requirements associated with each Avaya product according to Avaya
partner accreditation requirements.
Exhausting partner's internal troubleshooting processes (Level 1 / 2) to resolve the
issue prior to contacting Avaya.
• Allowing only Authorized Ca(lers, users identified within the Ancom Systems
Technical Staff and approved by Avaya, to place technical support calls to Avaya.
• Providing required case information.
• Ensuring that the products are used and matntaned in accordance with the
applicable product documentation.
• Being available, as required by Avaya, to aid in problem diagnosis for all cases
reported to the Avaya technical support organization. Ancom Systems will designate
competent personnel to work with Avaya engineers on restoring the service level.
Ancom Systems personnel may be required to assist with service-level restoration in
accordance with instruction that Avaya provides. Tit cases prioritized as El, Ancom
Systems personnel must be available 24 hours a day to work with the Avaya
Emergency Recovery team on restoring the service level to pre-incident operation.
• Avaya will provide one copy of each software release for each software type covered
under this service. Avaya will deliver all copies to a single designated partner
software distribution contact The partner's software distribution contact may then
distribute the Avaya-provided copies to each major partner operations and
maintenance center. The partner is not authorized to copy the software or
documentation or to use any unauthorized copies in any way.
F) General End-User Responsibilities for Partner Assurance Support
Services - Base Technical Support
• Providing the serial numbers to Ancom for the equipment that will be covered by this
service. Providing the full count and product configurations of all the Avaya products
deployed in the partner's network ("covered hardware) that are to be supported.
• Facilitating Ancom Avaya remote-access diagnostics capability to facilitate remote
diagnostics, which can take a number of forms from modem access to VPN tunnels.
Ensuring that the products are used and maintained in accordance with applicable
product documentation,
Ensuring that all covered hardware is operational and up to the currently supported
revision level before this service plan goes into effect. Failure to do so will exclude
that hardware from coverage.
Using all reasonable efforts to maintain application / operational software installed at
the designated site at the most current update level.
Maintaining a support agreement with the third-party supplier for such products. This
service covers only Avaya products purchased from Avaya or an Avaya authorized
agent. Ancom Avaya are not responsible for supporting non-Avaya-supplied third-
party manufactured products.
If the end-user purchased its products from an authorized reseller of Avaya,
acknowledging that any rights that it may have to use or to distribute the software
releases is subject to the Avaya software licensing terms under which Avaya granted
the distributor its distribution rights.
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G) General Assumptions for Partner Assurance Support Services -
Base Technical Support
The following assumptions govern the delivery of these services:
• For the purposes of this agreement, "operational software" is defined as software
that is required to operate a network device. The core operational software resides
on the network device on which it is operating. Associated files may reside on
another network device.
At any site where the partner is purchasing this SSW for a particular product, this
SoW will cover all "like" products at the site under this SOW. (For example, all VPN
Router 1000 series are "like" products, Therefore, a VPN Router 1010 or 1050 is a
"like" product to a VPN Router 1100, but not a "like" product to a VPN Router 2700.)
The partner may not split the coverage of a group of "like" products at any one site
between this SOW and all other Sours for Partner Assurance Technology Support -
Base or Partner Assurance Technology Support - Plus, available globally and
regionally,
For the purpose of providing support services, Ancom and or Avaya will have the
right at any time to audit a contracted site through software, remote polling or other
reasonable means to verify the site's in-service inventory against the contracted
equipment, to confirm the end-user's network size and/or to verify the software
status.
• Avaya may subcontract all or any portion of the service to subcontractors selected by
Avaya provided that Avaya remains fully responsible to the partner for the
performance of the service set out in this SoW.
• Ancom Avaya will not be °tailgated to incorporate software corrections into software
releases prior to the then-current supported software releases. Avaya reserves the
right to incorporate software corrections into future software releases.
• Ancom Systems and Avaya technical personnel will agree on the appropriate security
measures to prevent unauthorized access, but the end-user is solely responsible for
the security of its network. Avaya will not connect to the end-user's network without
prior authorization, and the purpose of such connection will be solely to provide
technical support. If access procedures for such data links, including procedures
related to security, require non-standard activity on Avaya's part or impose
additional costs on Avaya or Ancom Systems, then Avaya or Ancom Systems may, as
it reasonably determines to be appropriate for such activity or costs, Invoice the end-
user additional charges for Technical Support. If the end-user fails or causes delay in
providing connectivity, Ancom Systems/Avaya will be excused from its fault
resolution performance for a period equal to such failure or delay by the end-user.
H)Gerieral Exclusions for Partner Assurance Support Services - Base
Technical Support
The following activities are completely out of the scope of this project and are not
performed by Avaya and/or the partner as part of this project:
• Avaya support obligations are expressly conditional upon the products (i) when
placed under support of this service, being in good operating condition at revision
levels specified by Avaya; (ii) being used and maintained in accordance with the
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applicable product documentation; (iii) not being subject to unusual mechanical
stress or unusual electrical or environmental conditions; (iv) not being subject to
misuse, accident or disaster, including, without limitation, fire, flood, water, wind,
lightning or other acts of nature; or (v) not being altered or modified unless
performed or authorized by Avaya.
Avaya is not responsible for supporting third- party hardware platforms on which
application software resides, For the purposes of this SoW, application software is
defined as software that is not required to run a network device. It is not an
enhancement to the operational software and may reside on another network device.
The end -user is responsible for maintaining a support agreement with the third - party
hardware supplier for such equipment.
Avaya will have no liability or obligations for failure of the products to conform to
published specifications resulting from the combination of the products with any
third -party hardware or software not authorized in Avaya published documentation
or when caused by the partner's inability to use the products if the products are
operating substantially in accordance with published specifications
Unless elsewhere agreed between Ancom Systems and Avaya, this service does not
include root -cause analysis, the provision of fault reports or lead - time /performance
metrics.
If the end -user, thru Ancom, requests a service that is neither part of the scope of
these technical support services nor within the control or responsibility of Avaya,
then Avaya will charge additional fees to perform such services, if Avaya agrees to
perform them.
The end -user acknowledges that any applicable fees associated with any
hardware /software upgrades /improvements or changes required to implement any
advice or resolutions provided by Avaya or to install or use a software fix, update,
release or any part thereof are in addition to the fees for technical support.
On -site diagnostic support - If Ancom Systems or Avaya are required to perform on
site diagnostics and /or remedial maintenance services, the end -user will reimburse
Ancom for all labor at Ancom or Avaya then-current published time- and - material
rates, Travel and daily expenses will be billed at actual costs incurred by Avaya.
Partner Assurance Support Services - Base Technical Support
Exclusions
• This SoW does not include major releases and upgrades for application software.
This service does not include the repair or replacement of defective hardware. If
Avaya determines that defective Avaya hardware causes a reported problem, then
Avaya will advise partner thereof. If the end -user desires to remedy such defect,
Avaya and Ancom will agree upon service at Avaya then - published per - incident
rates,
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3) Avaya General Timelines for Partner Assurance Support Services
Base Technical Support
The following timelines govern the delivery of these services:
The Call Center is accessible 24 hours a day, 365 days a year through the Avaya
Global Network Technical Support Center (GNTS) for the purpose of reporting
problems, asking product-related questions and to receive assistance.
• For emergency cases, Avaya will provide continuous service (24 hours a day, seven
days a week) as applicable until the service level is restored to pre-incident
operation,
K) Terms of Agreement
• The term of this agreement will be twelve months from the date of acceptance
by Avaya. Ancom will furnish City of Clearwater with the official
commencement date. AR applicable Avaya cancellation policies will apply in the
event of early terminatiori.
• Pricing for this agreement was based upon the Site ID #318818112 provided by
end-user and configured through Avaya Enterprise Service Quote (ESQ) for parts
and quantities.
• End-User Price; $22,130.61 plus applicable taxes.
• Payment Terms are payment in advance.
L
Attachments
• Ancom Service Hours/Time and Material Pricing Document
• Custom built Avaya quotation attached; Service Quote Reference #sus1007687
Agreed and Accepted:
Ancom Systems, Inc
By:
Name: Lisa Andrews
Title: President
Date: 2„44.:,'
roved as to form:
Les lie K. Dou
Assistant City
ides
rney
City of Clearwater, Florida
BY: WiL R. 144^-1A-4-.z
Name: William B. Horne I/
Title: City Manager
Date: „imp G] 7, :3-0Iq
Attest:
Rosemarie Cal
City Clerk