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HomeMy WebLinkAbout5.947 Original Contract AVAYA 14400 Hertz Quail Springs Pkwy OKC, OK 73134 INTELLIGENT COMMUNICATIONS June 29, 2009 i i I I I I I - I Dear Customer: I We would like to thank you for giving CROSS TELECOM the opportunity to work with you and your company on behalf of A vaya, regarding your maintenahce and repair needs. You'll discover that at A vaya, we value your business. With us, custombr service is a century old commitment to excellence. CITY OF PORT ANGELES KENT MYERS 21 E 5TH STREET PORT ANGELES, W A 98362 On behalf of all of us here at Avaya, thank you again for your business. We look forward to . - - I servmg you. Thank you, The Avaya Indirect Maintenance Team ~.' :. ~ J. ' .\.. ... ". .,. ,1 ~...... , ,- .' )"~ AVAYA Channel Service Agreement Order Form ustomer Name: old To number: quipment Location Address: 21 E 5th Street :ity [aterial odes 35249 35250 35251 J3027 11330 J0394950 J0406135 ;0940 ;1423 J0381254 l0393408 l0394497 J0394794 J0405020 l0405020 J2982 19453 l2939 l2924 )2919 )2909 )2933 )8259664 )7985616 )7058950 )6706948 )6405616 )5167266 )2065 )7797615 )7784019 )2940 )8230624 )6647985 )3557468 )0402787 )0403520 )0427537 l0932 )0403785 )0403793 )0403900 )8736067 )0403801 ;2700 I City of Port Angeles I 2685041/Payer -New State Zip Otv Description 1 IP MEDIA PROC CIRCUIT PACK TN2302AP RHS 1 IPSI2 CP TN2312BP RHS 2 C-LAN INTF CIRCUIT PACK TN799DP RHS 1 VAL CIRCUIT PACK TN2501AP 1 S8730 SERVERS 3 G650 MEDIA GATEWAY RHS 3 G650 ACIDC PWR SUPPLY 655A RHS 1 CP TN2302 IP MEDIA PROC 1 CP C-LAN INTF TN799 1 COMPACT FLASH 128MB RHS 1 FACILITY TEST CP TN771 DP RHS 2 BUS TERMINATOR CP AHF110 RHS 1 DS1 INTFC TN464HP RHS 2 USB MODEM V.92 56K RHS 1 USB MODEM V.92 56K RHS 1 EMERGENCY TRANSFER PANEL FOR 75 G1 G2 G3 1 DEF MULTI CARR EPN MDL2 4 SWRM SNEAK FUSE 1 UNIVERSAL COUPLER 17 CP ANALOG liNE 16PT TN746B 1 DIGITAL liNE CIRCUIT CARD TN754C 1 NOMINAL BATTERY FACTORY INST 1 CP TIE TRNK INTF TN760E 2 CP TN753B DID INTF TRNK 8PT 5 SWRM AUX FIELD 6 CP TN2181 DGTL LINE 16PT 1 CP TN763D AUX TRUNK INTF 2 CP TN747B CNTRL OFC TRNK INTF 1 DEF G3 ATTD CNSL 302B1 BLK 1 DEF G3 26B18 DIR EXT SEL BLK TELSET 1 CP TONE CLOCK TN2182B 1 CP DS1/1SDN PRIINTF TN464E 1 CP TN57DC EXP INTF 1 CP-TN775B S1:1 EPN MAINT* 1 CP TN793 ANLG LN 24PT 1 AM MONITOR FLT PNL US W/PWR CRD RHS 1 AM KEYBOARD US TYPE WITH MOUSE RHS 1 AM MODEM SERIAL MUL TITECH 1 MM RFAACTIVATION R3 1 AM KVM SWITCH 2-PORT IW CABLES RHS 1 AM S3500 MAS RHS 1 AM T1 CARD KIT RHS 1 AM CP CYN23AP RMB US 1 AM S3500 MSS-STD AVAIL RHS 1 S87XX IP/MUL TI CON CM V5.0 ,;,,,\\. r-"~ a (' ~ r~" A" L ff. i;"~ h ''''0 ~ vt.. '\ \ N' l~"'-"t.. "c 'f,'t~ w; IF 1~ ~\ :.t' Contract #: Customer-Contact: Term in months 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 48 ), (j 2I~B (Utility Version) AVA-020 November-07 I Page 1 of 2 total pages I I Installation Date: [] Actual OR o Estimated I 12/17/2008 Monthly or Prepaid M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M Unit Price $ - $ - $ - $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Price $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Jim Harper Customer Contact Telephone Number: i Services start date\ For new maintenance services I orders, Avaya will determine the services start date upon Avaya's acceptance of the order. For maintenance renewal or recast orders, the services start date will be -;---_~ the_firstbilling_cycle_dateJollowing.Avayas.acceptance_ I of the order. ort Angeles WA 98362 3604174513 I End of Warranty lis Order Fonn is subject to the terms and conditions of the attached General Conditions of Maintenance and Managed Services. However, if ther~ is a Master Purchase/Service Agreement or Customer Agreement that includes aintenance Services Terms (Attachment D) already in effect between the parties, this Order Form shall be subject to the terms and conditions of suc~ agreement. I ustomer authorizes Avaya to release information related to inventory and billing for this customer location to the authorized Avaya BusinessPartner/Distributor. This information will enable the Avaya BusinessPartner/Distributor to ;curately quote to Customer future Avaya products and services. Unless otherwise specified, this authorization shall remain in effect until the earlier of written notification by the Customer or the termination/expiration of maintenance , the original BusinessPartner whose name appears on this Order Form. I 1e Maintenance service unit price associated with Call Center Administered Agents and Administered Voice-Mail Boxes will remain fixed based on thel number of units iocated at the site at cornmenct::i1lent of Maintenance services r that site. Such per unit charge will remain unchanged for the contracted term of maintenance support, independent of quantity changes recorded during true-ups. he Maintenance Services ordered hereunder and the associated billing may commence, in some cases, during the Avaya Product warranty period. i laya will, at its discretion, perform a true up on no more than a quarterly basis to reconcile future billing on any items which have been added (activatJd) or removed (deactivated) during the previous period. No credits or cash lyments will be issued against previously paid amounts. ! ~rvice charges for IP ports and certain Communication Manager applications (including but not limited to Wan Spare Processor, Local Spare Processor, Survivable Remote Processor & IP Agents) located at remote customer sites at are priced under the utility priCing methodology will be invoiced at customer's main/media server location. These service charges will be invoiced based on the coverage option and pricing f1ected at the main site or location. I I I I . I Coveraoe 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 : 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 i 201 On Site HW 8X5 i 201 On Site HW 8X5 I 201 On Site HW 8X5 i 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 i 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 : 201 On Sile HW 8X5 : 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 I 201 On Site HW 8X5 i 201 On Site HW 8X5 i ;79449 79450 79451 79455 79456 '02845 '02848 '01380 :03129 o Survivable Remote Processor (SRP) 2 Local Survivable Processor (LSP) o WAN Spare Processor (WSP) o Cal/master Terminals (administered) o IP Agent 488 TDM ports (switch onlv coverage) H01 32 Administered IP ports - Basic SuPport H01 1 MODULAR MESSAGING V3.1 2 MDLR MSGING W/3500 V3.1 + H01 48 201 On Site HW 8X5 I 48 201 On Site HW 8X5 I 48 201 On Site HW 8X5 I 48 201 On Site HW 8X5 I 48 201 On Site HW 8X5 I 48 201 On Site HW 8X5 I 48 201 On Site HW 8X5 I 48 201 On Site HW 8X5 I 48 201 On Site HW 8X5 I Total I I 1 M $ 85.50 $ - M $ 23.75 $ 47.50 M $ 261.25 $ - M $ 1.57 $ - M $ 1.38 $ - M $ 1.33 $ 649.04 M $ 1.66 $ 53.12 M $ - $ - M $ 76.00 $ 152.00 $ 901.66 I COy Opt ITerm in Month~ Prepd or Mthly 201 48 M 201 48 M- 201 48 M 201 48 M 201 48 M 201 48 M :ontract must be submitted to Avaya by 06/15/09 to be valid. ;ummary: npc Code I ee below ee below ee below ee below lee RPIC iee RPIC I MPC DESCRIPTION Converged Voice Products EnterQrise Voice Systems Intuity AUDIX HW Platform Modular Msg Arch Utility Communication Manager Utility Messaging I ECG $ ECG_$ MSG $ MSG $ ECG $ MSG $ $ SAP T.oT ALS r I - - I - - 749.66 152.00 901.66 TOTAL - A 5.00".10 Additional discount was applied to this Quotation. XT SUP refers to Extended Support Which. is defined in the Service Agreement Supplement, I ection J or K in the respective SAS document for the maintenance coverage selected. Ither products will be subject to the limitations of Extended Support effective with the end of manufacturer support Ifor that product. Itility Summary I laterial Qty Product Descriptions Unit Price Total 12700 1 S87XX IP/MUL TI CON CM V5.0 Utility Communication Manager - $ - $ - 79449 o Survivable Remote Processor (SRP) Utility Communication Manager I $ 85.50 $ - 79450 2 Local Survivable Processor (LSP) Utility Communication Manager I $ 23.75 $ 47.50 79451 o WAN Spare Processor (WSP) Utility Communication Manager $ 261.25 $ - , 79455 o Callmaster Terminals (administered) Utility Communication Manager , $ 1.57 $ - I 79456 o IP Agent Utility Communication Manager I $ 1.38 $ - 02845 488 TDM ports (switch only coverage) H01 Utility Communication Manager I $ 1.33 $ 649.04 02848 32 Administered IP ports - Basic Support H01 Utility Communication Manager $ 1.66 $ 53.12 01380 1 MODULAR MESSAGING V3.1 Utility Messaging $ - $ - 03129 2 MDLR MSGING W/3500 V3.1+ H01 Utility Messaging $ 76.00 I $ 152.00 I I I I I I I I i I I Total Monthly Payment Due $ 901.66 ustomer signature below indicates customer has read and agrees to the terms and conditions of the applicable agreeme~t. Jstomer Avaya Inc. , itv of Port AnQeles '; (Authorized Signature) ped Name ldress 21 E 5th Street ~ ort AnQeles ? //'"" ~I~ ,. K F~J:Y-.'\l'G.(L / 'V Accepted By: 1 i~ /1/l.. ) ~ - 1.3-D f 5l:~. \ / ~'O~~ ~ ./ On: (Date) C . t"--'\ M-Ji J State Zip 98362 City ljp ~ , WA usiness Partner Co. Name: ross TelecomfNational Account Executive Bill Orson usiness Partner HQ Address: )900 Nesbitt Ave S Bloomington, MN 55437 ain Telephone #: vaya Siebel Parent ID: 19 952-983-3500 ;tribute to; Original (SpeC) Copy 2 (Customer) Copy 3 (AI/aya Authorized BusinessPartner) 'I ORIGI~Ll\L i@l"',.pf>!;r"''''iFff'l"J'l\ i{~ ~t: f:~. L~:'~ R ~f (;:;: ~S~ J 8.~ r\ :..-------- AVAYA AVA-020 November-07 , Channel Service Agreement Order Form , (Utility Version) i ustomer Name: ICity of Port Angeles-Light OPS Contract #: Page 1 of 1 total pages old To number: 15114703/Payer: Same as 2685041 I quipment Location Address: Customer Contact: I Installation Date: [J Actual OR o Estimated 007 S 0 Street Jim Harper 12/17/2008 ;ily Slale Zip Customer Contact Telephone Number: i Services start date.; For new maintenance services , orders, Avaya will determine the services start date , upon Avaya's acceptance of the order. For maintenance renewal or recast orders, the services start date will be ! the first billing cycle date following Avaya's acceptance of the order. 'ort Angeles WA 98363 360417 4513 , End of Warranty-To Co-Term wi 2685041 "lis Order Form is subject to the terms and conditions of the attached General Conditions of Maintenance and Managed Services. However, if there lis a Master Purchase/Service Agreement or Customer Agreement that includes aintenance Services Terms (Attachment D) already in effect between the parties, this Order Form shall be SUbject to the terms and conditions of such,agreement. ustomer authorizes Avaya to release information related to inventory and billing for this customer location to the authorized Avaya BusinessPartner/Distributor. This information will enable the Avaya BusinessPartner/Distributor to ~urately quote to Customer future Avaya products and services. Unless otherwise specified, this authorization shall remain in effect until the earlier of, written notification by the Customer or the termination/expiration of maintenance I the original BusinessPartner whose name appears on this Order Form. Ie Maintenance service unit price associated with Call Center Administered Agents and Administered Voice Mail Boxes will remain fixed based on the :number of units located at the site at commencement 01 Maintenance services r that site. Such per unit charge will remain unchanged for the contracted tenn of maintenance support, independent of quantity changes recorded during true-ups. "he Maintenance Services ordered hereunder and the associated billing may commence, in some cases, during the Avaya Product warranty period. I/CJya y.,ill, at its discretion, perform a true up on no more than a quarter1y basis to reconcile future. billing on iiny items which have been added (activatc:d) or removed (deacti~'iJted) during the previou:i period. "'0 credits or cash lyments will be issued against previously paid amounts. :rvice charges for IP ports and certain Communication Manager applications (including but not limited to Wan Spare Processor, Local Spare processbr, Survivable Remote Processor & IP Agents) located at remote customer sites at are priced under the utility pricing methOdology will be invoiced at customer's main/media server location. These service charges will be invoiced based on the coverage option and pricing fleeted at the main site or location. late rial Term in I Monthly or , odes Qty Description months CoveraQe Prepaid Unit Price Total Price 33806 1 UTILITY TRIGGER REM GATEWAY NEW SITE 48 201 On Site HW 8X5 I M - - )0394661 1 MM711 ANLG MEDIA MODULE RHS 48 201 On Site HW 8X5 M - - )0394984 1 G700 R4 ACIDC MEDIA GATEWAY RHS 48 201 lun Site HW 8X5 M - - )0407810 1 S8300C SERVER 48 201 On Site HW 8X5 , M - - )0405020 1 USB MODEM V.92 56K RHS 48 201 On Site HW 8X5 i M - ) - 12700 1 S87XX IP/MUL TI CON CM V5.0 48 201 On Site HW 8X5 M - - )2845 8 TOM ports (switch only coverage) H01 48 201 On Site HW 8X5 , M 1.33 10.64 Total I $ 10.64 ontract must be submitted to Avaya by 06/15/09 to be valid. ummary: , PC Code I I MPC DESCRIPTION I I SAP TOTALS COy Opt ITerm in Month~ Prepd or Mthly le below Converged Software ECG $ 201 48 M le below Converged Voice Products ECG $ - 201 48 M le below Enterprise Voice Systems ECG $ I - 201 48 M I ee RPIC Utility Communication Manager ECG $ 10.64 201 48 M TOTAL $ , 10.64 *A 5.00% Additional discount was applied to this Quotation. , I lIT SUP refers to Extended Support which is defined in the Service Agreement Supplement, ~on J or K in the respective SAS document for the maintenance coverage selected. ther products will be subject to the Ii mitations of Extended Support effective with the end of manufacturer support for that product. I tility Summary aterial Qty Product Descriptions , Unit Price Total I 12700 1 S87XX IP/MUL TI CON CM V5.0 Utility Communication Manager $ - $ - )2845 8 TDM ports (switch onlv coverage) H01 Utility Communication Manager $ 1.33 $ 10.64 I I I 1 i I I I ITotalMonthly Pavm'ent Due 1$ 10.64 ustomer signature below indicates customer has read and agrees to the terms and conditions of the applicable agreement. stamer Avaya Inc. I itv of Port AnQeles-LiQht OPS : (Authorized Signature) ::::Ui <) /l II ;/~~ s I :J..~! :l.~~ ~ :>ed'Name k -<"'~ ;NA':::'r'/. '!. Cn~~:I.) ()) '" a \. ~ n""~i;S On: (DaIIl) ,~ - t..ur:t=... (. -~-:f-b9 dress U I , I Address IJ 107 S 0 Street Avava Inc. I State Zip City Customer care I . Zip )rt Angeles WA 98363 . ~ , , n l:::Iil Sonnqs Parkway I"'~UV ,,, r-. " 7':1.1 ~,1- )R()tl Jsiness Partner Co. Name: Business Pa~l~m6bciale.YPreparer):' .- 'oss Telecom/National Account Executive Bill Olson Karen O'Dell 2129 Forest Ridoe Dr SE Auburn WA 98002 Jsiness Partner HQ Address: Phone Number: 1900 Nesbitt Ave S Bloomington, MN 55437 253 735-1848 , ain Telephone #: email: 952-983-3500 kodell@1crosstelecom.com laya Siebel Parent 10: Please e-mail electronic copy of this CSA Order form to bpccmtc@avaya.com :9 .I~t~n""Rn . A . with format of subject line: BP Name/Customer Name/Sold to tribute to: Origiaal (flpi;cJ! ~qnpYiC.EC~s!Pij,.r..) l 'gORY 3 (Ayaya l\ult1'l.q~.d-SlYW~~se~..o, .u n,-. .. ... "'..""'" _u U'ltJiU ~.~ \b, Ilh Ie..tl... ~~ W f,C,lUl ~ur'3 1 0 l.UCI~, I AVAYA AVA-020 November-07 Channel Service Agreement Order Form (Utility Version) Customer Name; IClty of Port Angeles-Fire Department Contract #: I Page 1 of 1 total pages Sold To number: 15114731/Paver: Same as 2685041 I EquIpment Location Address: Customer Contact: I Installation Date: [2] Actual OR o Estimated 102E5th Jim Harper i 12/17/2008 City Slate Zip Customer Contact Telephone Number: Services start date"; For new maintenance selVices orders, Avaya will determine the services start date upon Avaya's acceptance of the order. For maintenance ~ renewal or recast orders, the services start date will be the first billing cycle date following Avaya's acceptance of the order. Port Angeles WA 98362 3604174513 I End of Warranty-To Co-Term wi 2685041 This Order Form is subject to ~the terms and conditions of the attached General Conditions of Maintenance and Managed Services. Ho~~ver, If there is a Ma~ter PurchaselService Agreement or Customer Agreement that includes Maintenance Services Tenns (Attachment D) already in effect between the Rartles, this Order Fom:L~M1LQ~_SJ'!bi~c.UoJheJerms_and_condi1jons_oLsuch.agre_emflnt. I Customer authorizes Avaya to release information relaled 10 inventory and biJJjng for this customer location to the authorized Avaya BusinessPartner/Distributqr. This information will enable the Ayaya BusinessPartner/Dislrib~or 10 accurately quote 10 Customer future Ayaya products and services. Unless otherwise specified, this authorization shall remain in effect until the ear1ier of written notification by the Customer or the termination/expiration of maintenance by the original BusinessPartner whose name appears on this Order Form. I The Mainlenance service unit price associated with Call Center Administered Agents and Administered Voice Mail Boxes will remain fixed based on the numberlof units located at the site at commencement of Maintenance services for that site. Such per unit charge will remain unchanged tor the contracted term of maintenance support, independent of quantity changes recorded during trueiups. .The Maintenance Services ordered hereunder and the associated billing may commence, in some cases, during the Avaya Product warranty period. I Avaya will. at tis discretion, perform a true up on no more than a quarterly basis to reconcile future billing on any items which have been added (activated) or removed (deactivated) during the previous period. No credits or cash Ipayments will be issued against previously paid amounts. : ISe'rvice charges for IP ports and certain Communication Manager applications (including but not limited to Wan Spare Processor, Local Spare Processor, Surviyable Remote Processor &"IP Agents) located at remote customer sites Irhat are priced underlhe utility pricing methodology will be invoiced at customer's main/media server location. These service charges will-be invoiced based on:the coverage option and pricing reflected al the main site or location. " .~ I I ! Term in I Monthly or Material , Qtv Descriotion - Coveraae , Preoaid Unit Price Total Price Codes months I 193806 1 UTILITY TRIGGER REM GA TEWA Y NEW SITE 48 201 On site HW 8x5 I M - 700394661 1 MM711 ANLG MEDIA MODULE RHS 48 201 On site HW 8x5 M - - , 700394984 1 G700 R4 ACIDC MEDIA GATEWAY RHS 48 201 On site HW 8x5 I M - - /700407810 1 S8300C SERVER 48 201 Onsite HW 8x5 I M - - , 700405020 1 USB MODEM V.92 56K RHS 48 201 Onsite HW 8x5 I M - 408357077 1 PWR BYP DIST MOD 120V 700-1500VA 48 81 Full Coverage 8X5 i M 2.84 2.84 700290273 1 S9RM MODEL 1000VA 120V W/SNMP 48 81 Full Coverage 8X5 I M 14.59 14.59 700404411 1 UPS EXT BAT MOD Wf700-1000VA RHS 48 81 Full Coverage 8X5 ! M 7.00 7.00 700404502 2 UPS 4-POST RK MT KIT W/700-2KVA RHS 48 81 Full Coverage 8X5 i M 1.04 2.08 700434798 1 UPS ENVIRONMENTAL PROBE 48 201 Onslte HW 8x5 I M 2.44 2.44 212700 1 S87>Oe IP/MULTI CON CM V5.0 48 201 Onsite HW 8x5 I M - 202845 8 TDM ports (switch only coverage) H01 48 201 Onslte HW 8x5 I M 1.33 10.64 Total I $ 39.59 Contract must be submitted to Avaya by 06/15/09 to be valid. I Summary: MPC Code I I MPC DESCRIPTION I SAP TOTALS I I COy Opt ITerm in Monthsl Prepd or Mthly see below Converged Software ECG $ I - 201 48 M see below Converged Voice Products ECG $ - 201 48 M see below Enterprise Voice Systems ECG $ - 201 48 M 179867 Uninterruptible Power Systems ECG $ I 26.51 81 48 M 195976 UPS_ENTERPRISE Exc $ I 2.44 201 48 M See RPIC Utility Communication Manager ECG $ I 10.64 201 48 M TOTAL $ 39.59 .- A 5.00% Additional discount was applied to this Quotation. I EXT SUP refers to Extended Support which is defined in the Service Agreement Supplement, I Section J or K in the respective SAS document for the maintenance cov_e;r~g~ selected. I Other products will be subject to the limitations of Extended Support effective with the end of manufacturer support for that!prodUct. I Utility Summary I Material Qty Product Descriptions I Unit Price Total 212700 1 S87JOe IP/MUL TI CON CM V5.0 Utility Communication Manager I $ - $ - 202845 8 TDM DOrtS (switch only coveraae) H01 Utilitv Communication Manaaer $ 1.33 I $ 10.64 T I I I I I I Total Monthlv pavment Due or: 39.59 Customer signature below indicates customer has read and agrees to the terms and conditions of the applicable agreement. i Customer Avaya Inc. I Citv of Port Anoeles-Fire Deoartment J! By: (Author-~alurel . Accepted By: ci /1 IA /~h s/~c/;;)..<OQ~ ~ , Typed Nffne k-e~ rv( I;;; <- On; (Date) L ~'fC. ~ I I--D-U"/"C~ ~ " I. - z.. "30 -.lJ,? C <t..... fY\; f) ,,~ ~ i' I Address V I r Address I <.J 102 E 5th ^......"r,lnt. City State Zip City 'Customer Care c~tnter lip Port Anneles WA 98362 - . '1 A..M111 Heri7 uuall ;JiJl i11\d<:l ~, .1 IBusiness Partner Co. Name: Business PG1~~~~~om\~~r$r)73134-LbU(j ,Cross Telecom/National Account Executive Bill Olson Karen 0'0 RMde r SE Auburn WA 98002 !Business Partner HQ Address: Phone Number: I I :10900 Nesbitt Ave S Bloomlnaton, MN 55437 253735-1848 I Main Telephone #: email: i 952-983-3500 kodelliBlcrosstelecom. com Avaya Siebel Parent ID: Please e-mail electronic copy of this CSA Order form to bpccmtc@avaya.com 789 r,\np""Br. ~ R. n with format of subject line: BP NametCustomer Name/Sold to Distribute to: Original (BPs;C) D~W~ (~a.st~rn gCQP'y 3J(~~ay'? Auth{)rized BusinessPartner) I . . .' ~ 1I 11~ '-"1>iltl! 'C!.; e ~\i, fj;, Q" li::-.!!tw i;i.;, IiW \01\;JU';J lL 0 ~ij!1!);; :) AVAYA :::0 =,~ :;) GENERAL CONDITIONS OF MAINTENANCE AND MANAGED SERVICES. The undersigned Customer agrees that Ihese General Conditions of Maintenance and Managed Services {the aAgreemenf} will govern !he purchase of certain Services (defined below) by Customer trom Avaya Inc. ("Avaya"). 1. ORDER, PROVISION AND SCOPE OF SERVICES I 1.1 Order and Provision 0' Services. In return for the payment of the fees specified in the order, Avaya wiD provide the services options for Supported Products or Supported Systems at Supported Sites, as desaibed further In this Agreement and the SAS ("Services.), In the event of a conniet between the SAS and this Agreemen~ the terms of this Agreement will control. The "Service Agreement Supplement" or uSASIl is the Avaya Service Agreement Supplement then current as of lhe dale of Avaya's acceptance of an order for Services and available to CustomEr" upon request As used in this Agreemen~ .SAS" may refer, as appUcable, to either the Service Agreement Supplement or, where the parties have execuled a statement of work describing specific Services to be provided by Avaya, to the statement of work. "Supported Products. are: Q) hardware or softwa-e products identified in the ",der: and (IT) Added Products (defined in Section 1.8). Supported Products may include nOIl-Avaya products to the extent they are specified in the order. "Supported Systems" are a group of products or networks sp<lcified in 111. order, "Supported SUes' are locations specmed in lI1e order. Wh...e Avaya provides hardware or software for Customer's use as part of the Services but retains o\llllership of them, including replacement pans for them, these <l'e referred to as "Avaya EqulpmenF. Orders are subject to acceptance by Avaya. Avaya may accept an order by beginning to perform the Services, Terms and conditions contained in Customer purchase orders or other Customer documents will have ria effect 1.2 MonitorinQ. Avaya may eleclronically mon~or Supported Products and Supported Systems for lI1e fofiowing purposes: (1) remote diagnostics and corrective actions; (ii) to determine system configuration and appficable charges; (iii) to verify compfiance with app6cable softNare 6cense terms and restrictions; (iv) when providing managed Services, to assess Customer needs for additional products or Services; (v) as oll1erwise prov~ed in th. SAS. 1.3 Error Correction. Some Services options may include correction of Errors. An "Error" means a failure of a Supported Product to conform In all material respects to the manufacturers specifications that were currenl:ly appicable when the Supported Product was purchased or ficensed. 1.4 Helo Une Suooort 'v\Ihere the selected Services option includes help line support, Avaya will provide ~ in accordance with the coverage option (service hOl8s, target response intervals, etc.) that Customer has selected. 1.5 Updates. Where the selected Services option includes the provision of Updates, Avaya win make Updates available to Customer as the manufacturer makes them general~ available to its other customers. An .Update" is a change in soft.Nare that typicalty provides maintenance correction only. It typically is designated as a change in the digit to the right ot the second decimal point (e.g. n.y,lz]), Avaya will provide Updates via a website, email or post mail, at Avaya's option. Updates may be remotety in&mllad by Avaya or de6vered to Customer for self~installation, 1.6 End of SUPPort Avaya may discontinue or 6mit the scope of Services for Supported Products that Avaya or the third party manufacturer has declcred .end of fife," "end of service," "end of support," -manufacture discontinue" or similar designation rEnd of Support"), Customer may access Avaya's user support website (WWW.SuDDoltaVJVa.com) for End of Support notifications. Avaya targets posting of End of Support notifications for Avaya..manufactured Products at least six (6) months in advance of lI1e End of Support dale. End of Support wiil be effecDve as of lI1e effective date of lI1e End of Support notice. Avaya also may provide End of Support notices by email to email addresses that Customer has l~g~ter.e(t wittl.Avara,lf_S_ervices cre_discontinue.dJor a Supp-orted F:'roduct,it.wiHbo_removed from.lhe~ order and rates will be adjusted accordingty. For cenain products subject to End of Support, Avaya may continue to offer a gmited set of Services (~Extended Supporf). INhere Avaya has chosen to do this, the description of Extended Support available and relaled fees wiQ be available at the time of Avaya's notice. These notices will communicate information such as Extended Support eHgibifily, extended support aklrts related to parts shortages, and end of ServIces coverage efigibmty ~ncluding Extended Support). 1.7 Reolacement Hcrdware. Replacement ha-dw3'"e provIded as pM of Services may be naw, factory reconditioned, refurbished, re-manufactured or functionally equivalent It will be furnished only on an exchange basis. Returned hardware that has been replaced by Avaya, whether Avaya Equipment or otherwise, wiR become Avaya's property. 1.8 Added Products. If Customer acquires additional products of the same type and manufacturer(s) as the existing Supported Products and locates them with existing Supported Products at a Supported Site, they will be considered "Added Products", and will be added to the order automaticallf for the remainder of the term. Added Products purchased from a party other than the manufacturer or an aulhorized r.selier are subjecl to cer1iftcaDon by Avaya at Avaya's then current rates. If Added Products fail certification, Avaya may choose not to add them to the Supported Products. 1.9 General limitations. Unless the SAS provides otherwise, Avaya win provide software Services only for the una~ered current release of the softlNare and the prior release. The following items are included in the Services on~ jf the SAS specifically Includes them: (i) support of user..<Jefined appfications; (ii) support of Supported Products that have been modified by a party other than Avaya (except for =;;, ~~ ];> ~ Vi "'l .... -. t:u,' ~.. !;) ::::: ~.. t. ":'l ~) :'-\ ~, General Conditions of Maintenance and Managed Services Version USOJ07 installation of standard, self-Installed Updates provided by the manufachJrer); (iii) making corrections to user..<Jefined reports; (iv) data recovery services; (v) services associated with rebcation of Supported Products; (vi) COllection of Errors arising from causes external to the Supported Products (such as power failures or surges); and (vii) Services for Supported Products that have been misused, used In breach of their ~cense resbictions, improperly installed or configured, or that have had their serial numbers aUered, defaced or deleted. 2, INVOICING AND PAYMENT. Avaya wiR invoice Customer for Services In advance unless another payment option is specified in the order, Payment of undisputed invoices is due within thirty (30) days from the date of Avaya's invoice. Customer will pay all bank charges, taxes, duties, levies and other costs and commissions associated with nonstandard methods of invoicing and payment Overdue payments will be subject to a late payment ch3'"ge of the Jesser of 1.5% per month or the maximum rate allowed by appRcable law. Unless Customer provides Avaya with a tax exemption certificate, Customer is solely responsible for paying all required taxes, (including, but not limited to, property, sales, use or excise taxe.s ~th respect to the provision of Avaya Equipment) except for any income tax assessed upon Avaya. 3, CUSTOMER RESPONSIBILITIES 3,1 General. Customer will cooperate with Avaya as reasonably necessay for Avaya's performance of its obligations, such as: (i) providing Avaya with full, free and safe access to its facilities; (il) providing telephone numbers, nelwork addresses and pass'NOrds necesscry for remote access; and (Iii) providing interface information for Supported Products and necessary third party consents and icenses to access them. An items will be provided by Customer at Customer's expense. If Avaya provides an Update or other new release of software as pa1 of the Services, Customer will Implement it prompl:ly. 3.2 Provision of Supoorted Products and Svstems, Except for Avaya Equipment or Avaya hosted facilities identified in the SAS, Customer will provide all Supported Products, Supported Systems and Supported Sites. Customer continuoustj represents and warrants that ~) Customer is either the owner of, or Is authorized to access and use, each of them; and (il) Avaya, its suppliers, and subcontractors are authorized to do the same to the extent necessary to provide the Services in a timely manner. 3.3 "-bves of SUDDorted Products. Customer will notify Avaya in advance before moving Supported Products, QlIy Avaya may move Avaya Equipment Avaya may cherge additional amounts to recover additional costs in providing the Services as a result of moved Supported Products. 3.4 Vendor Manaaemenl Where Avaya is to instruct or request products or services on Customers behalf from third party vendors under Customer's suppty contracts with the third party vendors ("Vendor Management"), Customer will provide Avaya upon request a letter of agency or similar document 'in fonn reasonably satisfactory to Avaya, permitting Avaya to perform the Vendor Management INhere the third party vendor's consent is requi"ed for Avaya to be able to perform Vendor Management in a timely manner, Customer wil obtain the written consent of the vendor and provide Avaya a copy of it upon request 3.5 Third Partv Hostina, In the event one or more nel'Nork address(es) to be monitored by Avaya EV"e associated with systems owned, managed, and/or hosted by a third party service provider ("Host"), Customer will: (i) notify Avaya of the Host prior to commencement of the Services; (ii) obtain the Hosfs advance 'Mitten consent for Avaya to perform the Services on the Hosfs computer systems and provIde Avaya with a copy of the consent upon reques~ and (Hi) facifitate necessary communications between Avaya and the Host in connection with the Services. 3.6 Access to Personal Data. VVhere Customer inslructs Avaya to access any employee, customer or other Individuars personal data contained in any Supported Product or Supported System, or to provide Customer or a third pcny identified by Customer with access, Customer will indemnify Avaya and its . officers; directors; .employees;'subcontraclors. and. affiliales-against ..and-hoJd'each-of.them-ha'1l1less from, any and all 6abifities, costs, damages, Judgments and expenses (including reasonable attorney's fees and costs) arising out of Avaya accessIng or providing access in accordance with Customers instructions. 3.7 Avava EClUioment Customer win not remove any identification tags or other markings on Avaya Equipment Customer will keep Avaya Equipment he and cleer of aD levies, fiens and encumbrances arising by or through Customer or arising in connection with the bcation of Avaya Equipment at a Supported Site, and consents to the fiUng of informational financing statements by the owner of the Avaya Equipment to give notice of ownership. CUstomer will, at its own expense, maintain Insurance against loss, theft, destruction or damage to Avaya Equipment (each, a -Loss") for the fun replacement value of the Avaya Equipmen~ will provide evidence of this Insurance upon request and win notify Avaya promptly in writing of any loss. 'Nithln thirty (30) days atter the termination or expiration of the order or SOW, Customer win: (i) cease aU use and return to Avaya aU copIes of soft.Nare ~ncluding backup copies) provided as part of the Services; and (Ii) defiver it at no cost to Avaya all Avaya Equipment located at Supported Site subject to the terminaUon to a location in the United States designated by Avaya, In the same condition as Yttlen originally deflvered to the Supported Site, reasonable wear and tear excepted. 4. TITLE AND RISK OF lOSS TO EQUIPMENT. Title to Avaya Equlpmen~ whell1er new or replacement Avaya Equlpmen~ will remain with Avaya or Its suppliers and will not pass to Customer. Title to other Avaya-installed replacement hcrdware provided as part of Services will pass to Customer when installed. Title 10 all other hardw<I'e provided as part of Services will pass to Customer 'Nhen it . Contract Negotialor:Gunilla Perkins" Case Start Dale:0410212009 Avaya - Proprletacy and Confidential l.. arrives at the Supported Site. Avaya may, without notice to Customer, assign, pledge, transfer or otherwise convey any or all of vaya's righl title and Interest in Avaya Equipment Customer will bear the risk of loss, theft. destructi01 or damage to Avaya Equipment except for losses caused by Avaya. 5. SOFTWARE LICENSE. VVhere Services include prOVisIon of patches, Updates or feature upgrades for Supported Produc~s ("New Software"), they will be provided subject to the ~cense ~~ant and resbictions contained in tie original agreement under which Customer icensed !he onglnal software from Avaya. Where Iillare is no existing Rcense from Avaya, New Software will be provided subject to the manufacturers then current license tenns and restrictions for the New Software. New Software may include compone1nts provided by third party suppliers that are subject to theIr own end user ~cense agreements. Customer may install and use these components in accordance 'Nith the terms and conditions of the "~rinkwrap" or .cfickwrap" end user ficense agreement accompanying them. I 6. CONFIDENTIAL INFORMATION. 'Confidential Information' means eill1er party's business and/or technicallnfonnation, priding, discounts and any olher infonnation 0'" data, regardless of -.M1ether In tangible Of other form if ~ark.eQ or otherwise express~ identified in writing as confidential Information communicated verb11~ will qualify as Confidentialln!onnation if designated as confidential or profXietary at the time of disclosure and summarized In writing within 30 days after disclosure, Confidential Information exclud~s information that (Q Is publicly available other than by an act or omIssion of the receiving party; Iii) subsequent to its disclosure was laYifully received from a third party having the right to disseminate the information without restriction on its dissemination and disclosure; (in) was knO'Ml by the receiving pcrty prior to its receipt and was not received from a third pcrty in breach of lI1althlrd party'~ configentiarrty obiigaDons;. (iv) was independenlly dev~loped by 111. receiving party without use of the disclosing party's' Confidential Information; or (vjls raqured to be disclosed by court order Of other lawful goverpment action. but only to the extent so ordered, provided the receiving party provides prompt Ytfitten notification to the disckJsing party of the pending disclosure so the disclosing party may attempt to !obtain a protective order. In the event of a potential disclosure in the case of subsection (v) above, tHe receiving party will provide reasonable assistance to the disclosing party should the disclosing patylattempt to obt~in a protective order. Each party wiD protect th~ secrecy of all Confidential Information received from thEfother party with the same degree of care as It uses to protect Its 0'Ml ConfidentiallnfOhnation, but in no event with less than a reasonable degree of care, Neither pcriy will use or disclos4 the other party's Confidential Information except as permitted in this Section or tor the purpose of performing ob~gations under this Agreement The confidentianty obligations of each paty will survive expiration or termination of the Agreement Upon termination of the Agreement each party wifllcease all use of the oth,~r party's Confidential Information and will promptly retum, or at the other party's request destroy, all Confidential Information, including copies, in tangible form in thai party's posskssion or under its conrol, including Confidential Information stored on ~ . any medium. Upon request a pafty ""';11 certify In v-riting its compiance 'Nith this Section. 7. WARRANTIES. Avaya wJrants to Customer that services will be carried out in a professional and workmanlike manner by qJafrfied personnel. If the services have not been so performed and Avaya receives customer's detailed request 10 ctJre a non-conformance within 30 days of Its occurrence, Avaya will re-perfon'n those services. This remedy will be customer's sole and exclusive remedy and will be in lieu of ahy other rights or remedies customer may have against Avaya with respect to lI1e non-conformancJ of services. EXCEPT AS REFERENCED AND WAITED IN THIS SECTION, NEITHER AVAYA [NOR ITS LICENSORS OR SUPPLIERS MIIKES ANY OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES. IN PARTICULAR, THERE IS NO WARRANTY THAT ALL SECURITY THREATS AND -VULNERABiLITIES IN -A-SUPPORTED-PRODUCT, 'SUPPORTED SYSTEM OR NETWORKWIL[BE- DETECTED OR THAT SERVIC~S Will RENDER THEM SAFE FROM SECURITY BREACHES. TO THE MllXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA DiSCLAiMS All iMPLIED DR STATUTORY WARRANTIES, iNCLUDiNG, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS fOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 8. LIMITATION OF L1ABIUT1", IN NO EVENT Will EITHER PARTY OR ITS RESPECTIVE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, STATUTORY, INDIRECT OR c'ONSEQUENTIAl DAMIIGES, lOSS OF PROFITS OR REVENUE, lOSS OR CORRUPTION OF D~TA, TOll FRAUD, COST OF COVER, OR SUBSTITUTE GOODS OR PERFORMIINCE. THE LIABILITY OF EITHER PARTY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT Will NOT EXCEED AN AMOUNT EQUAL TO THE. AGGREGATE TOTAL AMOUNTloF All FEES PAID OR PAYABLE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAiM. T~E LIMITATIONS OF LIABILITY IN THIS SECTION Will APPLY TO ANY DAMIIGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDiNG, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE TO THE PARTIES FAil OF THEIR ESSENTIAL PURPOSE. HOWEVER, THEY WILL NOT APPLY IN CASES OF WillFUL MISCONDUCT,lpERSONAl iNJURY OR BREACHES OF AVAYA'S LICENSE RESTRICTIONS. THE LIMITATIONS OF LIABILITY IN THIS SECTION ALSO Will APPLY TO ANY City of Port Angeles . P.O. #: 014109 DATE: OS/20/09 INVOICE TO: City of Port Angeles ATTN: ACCOUNTS PAYABLE PO BOX 1150 PORT ANGELES, WA 98362 TO: AVAYA, INC PO BOX 5332 NEW YORK, NY 10089-5332 SHIP TO: City of Port Angeles 321 E 5TH ST PORT ANGELES, WA 98362 VENDOR # 27599 REQ. NO. 14162 REQUISITIONED BY JDHARPER SHIP VIA: F.O.B. FREIGHT TERMS NET QUANTITYUOM ITEM NO. AND DESCRIPTION 12.00EA ANNUAL MAINTENANCE, CITY HALL MAIN PBX EXCHANGE AND VOICE MESSAGING HARDWARE EXTENDED UNIT CO COST 901.66 10819.92 12.00EA ANNUAL MAINTENANCE, CORP 88.33 1059.96 YARD PBX EMERGENCY SWITCH/GATEWAY HARDWARE 12.00EA ANNUAL MAINTENANCE, FIRE 39.59 475.08 DEPT PBX EMERGENCY GATEWAY HARDWARE 12.00EA ANNUAL MAINTENANCE, 10.64 127.68 LIGHT OPERATIONS PBX EMERGENCY GATEWAY HARDWARE SUB-TOTAL 12482.64 TAX 8.4 1048.55 TOTAL 13531.19 AUTHORIZED B~~ ~ .!~'. ~ f[~rE.~ ft AU.., JUN 1 0 lU~g