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HomeMy WebLinkAboutCerium Networks, Inc. - Maintenance Service Agreement cm* cerium networks - LEADING UNIFIED COMMUNICATIONS �J ~! l ` :4103 City of Yakima Maintenance Service Agreement Advanced Support for Avaya Telephony 01/05/15 Page 1 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 Section 1: Overview The following Maintenance Service Agreement covers the technical support and maintenance services of City of Yakima's Avaya telephony solution. This Maintenance Service Agreement specifies the deliverables and responsibilities associated with the Cerium Advanced Support selected and listed in the section titled "Scope of Support". Technical support and maintenance services are vital to the health of your communication system; we appreciate your confidence in our organization to perform these important services. Section 2: Scope of Support The coverage applies to Avaya Telephony and selected non -Avaya telephony products or components that Cerium has designated in the section titled "Covered Solutions, Equipment, and Custom Services ". Cerium Advanced Support Service Profile: Fundamental Support - Option 1 a) 24x7 system alarm monitoring and notification* 8x5 Remote engineering 1 &2 — 2 hours Priority 3 — 8 business hours b) Bi- annual management meeting and service reporting upon customer request c) Avaya Support Advantage — Essential * ** *Alarms are sent to Cerium and the customer 24x7 and responded to by Cerium according to 8x5 or 24x7 according to the level of coverage listed above * *During the applicable coverage period ** *Unless otherwise noted in the Cerium Sales Order, Avaya Support Advantage is not included in the price of Cerium Maintenance Services Essential Support - Option 2 a) 24x7 system alarm monitoring and notification* Response time * *: Priority 8x5 Remote engineering support for technical trouble remediation Response time * *: Priority 1 &2 — 2 hours Priority 3 — 8 business hours b) 8x5 On -site engineer as needed for technical trouble remediation Response time * *: Priority 1 &2 — 4 Hours Priority 3 — 8 business hours c) Common equipment spare parts d) Bi- annual management meeting and service reporting upon customer request e) Avaya Support Advantage — Essential * ** *Alarms are sent to Cerium and the customer 24x7 and responded to by Cerium according to 8x5 or 24x7 according to the level of coverage listed above * *During the applicable coverage period ** *Unless otherwise noted in the Cerium Sales Order, Avaya Support Advantage is not included in the price of Cerium Maintenance Services 01/05/15 Page 2 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 System Acceptance The first 60 days from the date listed above as the "beginning contract term" shall be considered the system acceptance period. If Cerium Networks were to discover pre- existing condition(s) affecting our ability to provide support during the system acceptance period, Cerium will notify the customer in writing of the condition(s) found. All pre- existing condition(s) must be remedied by the customer within 30 days from the date of written notification via one of the following methods: • The customer may mitigate the issue(s) by their own means • The customer may engage Cerium on a time and materials or fixed bid basis to resolve the issue(s) • The customer may cancel the support agreement and be billed and supported only for the first 90 days on a best effort basis Abbreviations and Definitions: 24x7 Refers to 24 hours a day, seven (7) days a week, 365 days per year including holidays. 8x5 Refers to normal business hours - Monday through Friday, 8:00am — 5:00pm Pacific, excluding holidays. On -site The physical location of the customer equipment as defined in the Maintenance Service Agreement. Response Time The maximum elapsed time it will take Cerium Networks personnel to begin to work on a trouble ticket. This is not to imply when the trouble will actually be resolved. Section 3: Service Descriptions 24 x 7 System Alarm Monitoring and Notification Remote monitoring occurs 24x7x365 and alarms are e- mailed to customer delegated contacts and the Cerium Support Center (CSC). Cerium will respond to major alarms based upon the contracted support level and the hours of coverage. Minor alarms will be reviewed and cleared by Cerium as appropriate. Alarms received by Cerium outside of the contracted hours of coverage will not be responded to by Cerium until 8am on the following business day. If the customer receives an alarm outside of their contracted hours of coverage and requires support they may call the CSC for assistance however hourly charges will apply. Remote Engineering Support A qualified Cerium Networks engineer will troubleshoot and resolve issues for covered equipment via the telephone and /or a remote system connection. The Cerium engineer will attempt to clear the trouble remotely and test systems accordingly to ensure that the trouble is resolved. On Site Engineer 01/05/15 Page 3 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 If on -site coverage is included in the "Service Profile ", a qualified Cerium Networks engineer will be dispatched to the covered location in the event that the trouble cannot be cleared remotely. The engineer will test systems accordingly to ensure trouble is resolved. If on -site coverage is not included in the "Service Profile ", the customer may still receive on -site support at the discretion of both parties, however, hourly charges will apply. Common Equipment Spare Parts Unless otherwise specified in the Support Agreement, the parts which may be replaced without charge are those contained within the Avaya telephone system (switch) and voicemail system (as applicable). Telephone sets, other adjuncts, power systems (UPS), modems, PCs, servers, routers, network switches, other software, other hardware, and adjunct applications are not covered under this agreement unless specifically listed. Such parts and services are billed at T & M rates. Proactive Updates every 6 months Every "Select" support agreement includes a proactive review of your Avaya software and firmware and updates as necessary in order to help you leverage the investment you have made in Avaya's Support Advantage program. Every six months, a Cerium engineer will review your system and make any necessary updates of Avaya firmware and software that you receive at no cost from Avaya under the Support Advantage program. Customers who are not at the "Select" level can still receive this service as part of Cerium's Managed Services Program or on a T &M basis as requested. Bi- Annual Management Meetings and Service Reporting The Cerium Account Manager upon request will schedule and conduct meetings with the appropriate personnel within Cerium and the customer's organization to review open and closed service cases, service reports and any other items that are important to the support of the communication systems covered. Avaya Support Advantage — Essential includes: • Access to Avaya Intellectual Property and Tier 4 Resources • Access to minor releases with new feature functionality • Access to online software patches • Avaya direct remote software solution support • Access to self -help website, InSite Knowledge Management Tool, and Technical Documentation Library • Software media replacement Cerium Networks is certified by Avaya as a Joint Service Delivery Support Specialist Partner which allows us to escalate directly to Avaya's tier 4 organization. With this support model, Cerium would be the primary contact, and Avaya is in essence the "subcontractor" where appropriate. Cerium would manage the contract with Avaya and there would be no incremental charges by Avaya for in- contract services Section 4: Notification and Response Process 1) Trouble Reports may be submitted through several methods: 01/05/15 Page 4 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 a. Phone: You can call the Cerium Support Center at (800) 217 -0933. This number is used at all times to request support and is answered by Cerium staff 24x7x365 including holidays. This is the recommended method of contact for all urgent requests. b. Email: You can e-mail requests for support to cscPceriumnetworks.com Email is monitored by Cerium staff 24x7x365. c. Web Site: You can navigate to www.ceriumnetworks.com and click on "request support" under the "services" section. This method is recommended for non - urgent issues or technical requests d. System alarm monitoring notifies the CSC of an alarm. Cerium personnel monitor system alarms 24x7x365 and take action as defined previously in this Maintenance Service Agreement. 2) Ticket Created — All requests for support are sent directly to CSC personnel who will: a. Verify the customer records in our database to determine support coverage criteria b. Open a trouble ticket with a detailed entry of the customer issue c. Appropriately assign a severity level to the ticket i. Priority 1 Urgent (Major): An urgent issue is any issue that causes a business to cease its primary business function or two or more critical business functions. (100 % or nearly 100 % - Out -of- Service) If an urgent issue is not resolved within two (2) hours the Cerium Engineer must escalate to the respective Manager. ii. Priority 2 High (Major) A high priority issue is any issue that involves a down or severely degraded critical business function. (At least 25% Out -of- Service) High priority issues will escalate to "Urgent" status if not resolved within four (4) hours. iii. Priority 3 Standard (Minor): Standard issues are any issues that degrade or impair but do not inhibit business functions. (Less than 25% Out -of- Service). A "Standard" issue must be resolved within 8 hours or it will be escalated to "High" priority. iv. Priority 4 Scheduled (Minor): Low priority issues that do not affect business functions or users. Low priority issues are not normally escalated. 3) Engineer Assigned — Based upon the type of issue an appropriate engineering resource will be assigned. The assignment will be based on issue both the severity and the skill set required. 4) Trouble Diagnostics — The assigned engineer will look up the customer's equipment records in our database and begin work on the issue remotely. If after reviewing the issue and determining that the issue requires on -site support, the CSC may dispatch a field engineer to assist on -site. Depending on the service profile defined previously in the Maintenance Service Agreement, hourly charges may apply. 5) Problem Resolved - Upon resolving the issue the engineer will close out the ticket with a synopsis of the resolution and any other relevant ticket notes. If hardware or software was updated, the customer record will be updated appropriately. 01/05/15 Page 5 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 Customer notified — After the reported trouble is resolved, the customer will be notified of the trouble resolution. Cerium 1463 Web Portal Cerium 1463 is an interactive portal accessible through a unique login, and will provide you specific support information about your account. This portal will have visibility into active and closed tickets, current alarms, and will allow you to add new tickets and add comments to existing tickets. Below is your home page of Cerium 1463. From here you can navigate to the information you are looking for using the "Navigation bar". We also list your contacts with Cerium here, making it easy to communicate with the person you need. We display Cerium News and Events here as well so you always know what we are up to. cr.stomer Logo goes he, Q a (doe Ap4ee home my support center - Login /Profile Navigation Bar TEC s 111.111 Knowledge To Keep IT On Track . '. mium UNCTION ,,,,„.„,,,..,: it ,- ) C 67 aIUM Qr submit a support ticket October 2 2015 ( Booth #38 CSC Contact Info Join us Staying up to date with the technology that runs your organization and ensures a secure environment for your data and infrastructure are critical to your business. TechJunction helps you meet these needs by providing Jeff Lynch quality, vendor neutral educational seminars, drawn from case studies and best practice examples from lees in Account E.e: uti.e the field. sr.rrrra.. t. 509.576.8634 If ,tynel4 <enrnnnetworts.com Steve Fisher • Vice President of Salrs Cerium News dnd Events f t 509.23:.2269 i sfisheq- cenumnetwor4s.com David Miller Director Cerium Support Crotcr I. 509 3-44 5065 Support Tickets: To Access trouble tickets 1. Click on "my support center" and select "view trouble tickets". home i my support center - � my alarms 11 / I V 1 V Si view trouble tickets ? } `S submit a My Support Center ` 01/05/15 Page 6 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 2. By default you will see all active tickets and on the right side you will see graphs showing ticket counts by month and severity for the past year. au o.? ■. ■�� ■ ■� ■�nr 3. To see closed tickets click on the filter button and select the view you would like to see. .= Active Tickets - active tickets resolved ticket in the last 7 days resolved tickets Corium Notu,, rice _ H(1 11 !nrt To view details and add notes 1. To view more details and /or add a note to a ticket, click on the site name. 2. To add a note click on "Add Note ". 3. Enter notes and /or attach document and click "Submit ". A,I.I HuIa.IV.r.- Subn 4. Your note will now show in the "Customer Status" field. To create a support ticket. * Only P3 /P4 priority tickets can be entered through the Portal, you are prohibited from changing the prii higher than Priority 3. All higher priority(P1 /P2) issues should be called into the Cerium support cente There are a number of locations that have a link to submit a new ticket. • From the home page click on the "submit a support ticket" link on the right. 01/05/15 Page 7 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 24/7 Support Open a ticket: t. 2 77.423.7486 submit a support ticket • From any page click on the "Submit a ticket" link in the footer. .;SOU: —a: ne P'obie'': t- 's .':eos to - ' Submit a ticket About Portal 2015 View Support Tickets Contact Us View Alarms • From the Navigation bar click on "my support center" and then choose "submit a trouble ticket ". home I my support center - my alarms view trouble tickets submit a trouble ticket 1. Fill out the form, attach any documents and click on "Submit Ticket ". 01/05/15 Page 8 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 Customer Cerium Networks - HQ Enter a brief subject line (Field is public) • Solution Category ' Description of Work Requested • Attack .1 filo Choose Files No file chosen Submit Ticket 2. You will be redirected to the "view trouble tickets" page and you will see your new ticket there. Access Alarms Steps to view your current equipment alarms. 1. Click on "my support center" on the navigation bar and click on "my alarms ". My Alarms 1 a larm raq 908901 6,'540149:2032 AM 6/5/2014 9:20:52 AM 234 %78901 C ere. Network s Test AUd. watnlrg RES IOW solarw Inds ' No Alarms to display. * AlarmTraq shows your Avaya and Nortel equipment alarms. * SolarWinds shows your Cisco and Microsoft equipment alarms. 01/05/15 Page 9 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 2. Use the paging buttons to see past alarms. Section 5: Escalation Procedures 1) The engineer initially assigned to the case is responsible for assuring that the case is properly completed. 2) Assignments of cases are based upon: a. Relevant product expertise and certification b. Availability / Schedule of Engineer c. Experience / Familiarity with Customer and configuration 3) If the engineer assigned to the case is unable to resolve the issue: a. Either by the estimated time or b. Because in the engineer's judgment the scope of the issue is beyond their expertise, an assessment will be made on the need to involve additional resources. c. If the issue is within the scope of their expertise and the engineer is still unable to resolve the issue, escalation timelines will take precedence. 4) Escalation will be made to next higher resource level in appropriate product or technical area. 5) The escalation process will continue either until the issue is resolved or the issue is determined not to be technically feasible. 6) Issues may have results which require the customer to obtain additional equipment or software. These Cases may be closed once a configuration is provided to the Sales Account Executive for pricing / purchase discussions. 7) Escalation to Manufacturer resources can occur at any point in the process as part of research or fact finding. To open a case and actively pursue resolution with Manufacturer resources requires an assessment by the Cerium Technical Tier A Director of Technologies or Director of the Cerium Support Center. If the issue has been escalated through all levels of support at Cerium and Cerium has attempted all known ways to address the issue then opening a trouble ticket and escalating to the manufacturer is the next step. Cerium Account Management Escalation Procedures The primary point of contact within Cerium Networks is your assigned Account Manager. In the unlikely event you are not achieving the expected results then making contact with Sales Vice President is appropriate. City of Yakima's Cerium Account Management escalation contacts are: • Account Manager —Jamie Harris, 509 - 536.8630, jharris @ceriumnetworks.com • Vice President of Sales - Steve Fisher, 509.232.2269, sfisher @ceriumnetworks.com Cerium Technical Escalation Procedures The Cerium Support Center coordinator will provide you with a mechanism to formally escalate a case to the appropriate resources within the Cerium team. This escalation process will increase the visibility, awareness, and focus of your service outage within the Cerium management team. Process flow: • An escalation request should be initiated in reference to a specific Case ID. 01/05/15 Page 10 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 • Place a telephone call to the Support Center number 800 - 217 -0933 and make your escalation request with the CSC coordinator. • Clearly state that you are requesting escalation of the case. • If the Coordinator is not available at the time, place a separate telephone call to the Manager or Director of the Cerium Support Center. • The severity of the case will be mutually agreed upon between the customer and the Cerium escalation point engaged in the process. • A formal action plan including ownership for each action item will be agreed upon between the customer and the Cerium escalation point. • Escalation will be documented by Cerium in the customer record. Cerium Support Center (CSC) Technical Escalation Contacts: Technical Tier C Cerium Support Center: 800.217.0933 or 509.536.8610 csc @ceriumnetworks.com Technical Tier A Technical Supervisor: Bill Paro 509.344.5814 bparo @ceriumnetworks.com Cerium Management Escalation Contacts Support Center Manager: Shannon Behm 509.344.5848 sbehm @ceriumnetworks.com Director - Support Center: David Miller 509.344.5865 — Work dmiller @ceriumnetworks.com VP of Finance & Operations: William Junkermier 509.536.8650 — Work wjunkermier @ceriumnetworks.com President: Roger Junkermier 509.536.8656 — Work rjunkermier @ceriumnetworks.com Section 6: Customer Dependencies and Responsibilities • Customer shall provide dedicated remote access methodology for those appropriate systems requiring technical support and service. 01/05/15 Page 11 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 • Dedicated access must remain available to provide remote access on a 7X24 hour basis. • Remote access line number or IP address must be provided and tested by Cerium Networks prior to coverage commencing. • Provide Cerium Networks with system passwords and equipment access control features required to provide support. • Notify Cerium Networks of all changes that affect system and network configurations as well as operations. • Provide Cerium Networks with a copy of all Modular Messaging /CMS Software and system backup disks • Minimum coverage with Avaya is required in order for Cerium to begin support for City of Yakima's Avaya environment. City of Yakima must maintain at least the minimum level of Avaya support throughout the term of this agreement. If City of Yakima chooses to cancel support, Cerium Networks requires 45 days notification from the annual renewal date of the support contract. All underlying Avaya support contracts will be governed by Avaya's terms and conditions. Section 7: Covered Solutions, Equipment, and Custom Services The following equipment is supported under this agreement. Any equipment not expressly listed below is not considered to be covered under this agreement however support may be available at current hourly T &M rates. Covered Location Equipment /Solution Covered: Special Coverage Name /Address: Instructions: City of Yakima Avaya Communication Manager N/A Public Safety Avaya Messaging Platform Waste Water Public Works Cerium Networks may perform a true -up on a quarterly basis to ensure appropriate coverage levels. At such time, the pricing may be adjusted up or down based on hardware, software, or users newly introduced into the supported environment. Any change in monthly charges will require notification to the customer in writing at least 15 days in advance. No adjustment in previous month's charges will occur. Any work performed that falls outside of the scope of this agreement is subject to Cerium's then current T &M rates. Special instructions or custom services: Not Applicable Section 8: Signature Authorization 01/05/15 Page 12 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 The information in this Maintenance Service Agreement shall not be duplicated, used or disclosed by the customer or Cerium Networks, in whole or in part, for any purpose other than for fulfillment of the work to be performed by Cerium Networks, Inc. Cerium Networks Terms and Conditions apply to this Maintenance Service Agreement. City of Yakima Cerium Networks Inc. Authorized Signature Authorized Signature By: L 7 B y: J. _1 U .- Name: Jeff u r Name: William Junkermier Title: Int rim City Manager Title: VP of Finance & Operations Date: vyzav S 3 cm Date: CITY comma to - 0 RESOLUTION so: Cerium Support Contract Terms and Conditions Cerium Networks LLC ( "Cerium ") and you, the Customer, agree that the following terms and conditions will apply to the warranty, post - warranty services and Support services ( "Services ") listed on the attached Support Contract ( "Agreement ") This Contract may contain additional pages and covers Support Services provided by Cerium. 1. CONTRACT PERIOD — This Agreement shall be effective the date this agreement is executed by Cerium, for the term as specified on the Contract until terminated as set forth in Section 8 of these terms. Enhanced warranty services will be coterminous with the applicable product warranty period. Post - warranty Support services will be for an initial term as specified on the attached hereof, (one (1) year minimum). Post - warranty service shall be automatically renewed for successive one (1) year terms at the charges and under the terms and conditions applicable to Cerium's standard one (1) year service agreement at the time of renewal, unless either party gives the other written notice of its intent not to renew at least thirty (30) days prior to the expiration of any initial or renewal term. Cerium can also notify you ninety (90) days in advance of the time of renewal that Service for specific Products covered under this Agreement will not be renewed. 2. CUSTOMER RESPONSIBILITIES — You agree to (i) provide the proper environment, electrical and telecommunications connections, (ii) provide access and work space, and (iii) maintain a backup procedure external to the software program(s) and host computer for reconstruction of loss or altered files, data or programs (iv) and provide a phone line connection to the equipment being supported at all times (v) maintain a copy of all 01/05/15 Page 13 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 software used on your systems. Failure by the Customer to perform these responsibilities will cause Cerium to be unable to meet its Support requirements. You are responsible for notifying Cerium of the presence of any hazardous material (e.g., asbestos) on your premises prior to the commencement of any Services. You are also responsible for removal of any such hazardous material or correction of any hazardous condition that affects Cerium's performance of Services. Services will be delayed until you remove or correct the hazardous condition; Cerium shall not be liable to you as a result of such delays. 3. WARRANTY — A. When a post - warranty service agreement exists, Cerium warrants that during the warranty period the Products will operate in accordance with the Manufacturer's Documentation. If a Product does not operate in accordance with the Documentation during the warranty period, you must promptly notify Cerium. Cerium, at its option, will either repair or replace that Product without charge. You have the right, as your exclusive remedy, to return that Product for a refund of the purchase price or license fee if Cerium is unable to repair or replace the Product. A pending or active Cerium post - warranty service agreement is a prerequisite for this warranty coverage. B. The warranty period shall begin on the Delivery Date for Customer - installed Products. Cerium's standard warranty period will apply if none is specified. A pending or active Cerium post- warranty service agreement is a prerequisite for this warranty coverage. 4. ENHANCED WARRANTY & POST - WARRANTY SERVICE — A. Cerium will provide Services during the Contract Period in accordance with Cerium's standard specifications subject to the exclusions set forth in this Section 4. Cerium provides various Support Services dependent upon the product and option selected by the Customer and indicated on the attached. Cerium's current Services options are described in the Cerium Service Advantage Support Plan document, a copy of which is available upon request. B. Post-warranty service includes preventive maintenance as deemed appropriate by Cerium and remedial maintenance, including replacement parts required for Products used under normal operating conditions. C. If you subsequently purchase products ( "Added Products ") from Cerium or a third party and co- locate those products with the existing ones, those Added Products purchased from a party other than Cerium are subject to certification by Cerium at Cerium's then current rates for such certification; post - warranty service coverage will be effective immediately after Cerium certifies the Added Products. Charges for Added Products will be at the then current rate and coverage will be coterminous with the coverage for the existing Products. D. PURCHASED OR REPLACEMENT PARTS AND PRODUCTS MAY BE NEW, REMANUFACTURED OR REFURBISHED. Any removed parts and /or Products will become the property of Cerium. E. Enhanced Warranty and post - warranty service coverage will be in accordance with the option(s) you have selected as listed on the front of this Agreement. Cerium's standard warranty and post- warranty coverage will apply if none is specified. F. POWER SURGES — If you have ordered post - warranty service, during Cerium's warranty and post - warranty service periods, Cerium is not responsible for damage (including loss or corruption of data records) to your voice Products (e.g., DEFINITY® ECS, and Intuity AUDIX® systems and data or video products) from power surges. Cerium will assist in selecting and installing an electrical protection system that complies with the National Electrical Code if requested, any applicable local standards, and any Cerium - specified site requirements. G. Cerium may, at its discretion, electronically monitor your system for the sole purpose of collecting and recording the configuration of and the number and kinds of products in your system. Such monitoring will serve two (2) principal purposes: (1) the information will permit more accurate remote diagnostics and corrective actions; and (2) the information will be used once a year, before the renewal date of any Support Agreement, or the annual anniversary date, to determine applicable charges. Products identified in the data collection will be treated as Added Products under Section 4.C. You will cooperate with Cerium in such data collection, including making remote access available to Cerium for this purpose. 5, WARRANTY /POST - WARRANTY SERVICE EXCLUSIONS — A. EXCEPT AS STATED IN SECTION 5, CERIUM, ITS SUBSIDIARIES AND THEIR AFFILIATES, SUBCONTRACTORS AND SUPPLIERS, MAKE NO WARRANTIES EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHAN - TABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B. The warranty provided in Section 3 and post- warranty service do not cover repair for damages, or malfunctions, or performance characteristics caused by: (1) use of non - Cerium furnished equipment unless certified by Cerium, software, or facilities with the Product(s); (2) your failure to follow Cerium's or the Manufacturer's installation, operation or maintenance instructions, including your failure to permit Cerium timely remote access to your Product(s); (3) failure or malfunction of equipment, software, or facilities not serviced by Cerium; (4) actions of non - Cerium personnel; or (5) force majeure conditions as stated in Section 10. Cerium does not warrant uninterrupted or error free operation of the Product(s). In addition, Cerium is not obligated to provide warranty or post- warranty service if you modify the Product(s). If you request, Cerium will perform repair or other services not covered by this Agreement to your Product(s) at Cerium's standard rates for such service. C. Although Products are designed to be reasonably secure, Cerium makes no express or implied warranty that Products are immune from or present fraudulent intrusion, unauthorized use or disclosure or loss of proprietary information. Certain features, if purchased, such as Password Reset, Conference Mailbox, Skip Password and Monitor Mailbox, when enabled, could be improperly used in violation of privacy laws. By ordering Products with these features or separately ordering such features, you assume all responsibility for assuring their proper and lawful use. D. You agree to notify Cerium prior to moving a Product. Additional charges may apply if Cerium incurs additional costs in providing warranty or post- warranty services as a result of a move of a Product. E. If the Product supports Telephony or Transmission Control Protocol /Internet Protocol (TCP /IP) facilities, you may experience certain compromises in performance, reliability and security, even when the Product performs as warranted. These compromises may become more acute if you fail to follow Cerium's recommendations for configuration, operation and use of the Product. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THESE RISKS AND THAT YOU HAVE DETERMINED THEY ARE ACCEPTABLE FOR YOUR APPLICATION OF THE PRODUCT. YOU ALSO ACKNOWLEDGE THAT, UNLESS EXPRESSLY PROVIDED IN ANOTHER AGREEMENT, YOU ARE SOLELY RESPONSIBLE FOR (1) ENSURING THAT YOUR NETWORKS AND SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION, AND (2) BACKING UP YOUR DATA AND FILES. 6. PRICE AND PAYMENT — A. Payment of invoices is due within thirty (30) days from the invoice date. Delinquent payments on any undisputed balance are subject to a late payment charge of the lower of one and one half percent (1.5 %) per month or portion thereof, or the maximum amount allowed by law. Restrictive endorsements or other statements on checks will not apply. You agree to reimburse Cerium for reasonable attorneys' fees and any other costs associated with collecting delinquent payments. B. You shall pay taxes levied upon the sale, transfer of ownership, installation, license or use of Products or Services unless you provide Cerium with a tax exemption certificate. Excluded are taxes on Cerium's net income. 7. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY — A. THE ENTIRE LIABILITY OF CERIUM AND ITS SUBSIDIARIES, AFFILIATES AND SUBCONTRCTORS, (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRCTORS AND SUPPLIERS OF ALL OF THEM) AND YOUR EXCLUSIVE REMEDIES FOR ANY DAMAGES CAUSED BY ANY PRODUCT DEFECT OR FAILURE, OR ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF ANY WORK OR SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE: (1) FOR FAILURE OF PRODUCTS DURING THE WARRANTY PERIOD, THE REMEDIES STATED IN SECTION 3; (2) FOR CERIUM'S FAILURE TO PERFORM ANY MATERIAL TERM OF THIS AGREEMENT (E.G., CERIUM'S POST- WARRANTY SERVICE OBLIGATIONS), YOU MAY CANCEL THIS AGREEMENT WITHOUT INCURRING CANCELLATION CHARGES IF CERIUM FAILS TO CORRECT SUCH FAILURES WTIHIN THIRTY (30) DAYS OF RECEIPT OF YOUR WRITTEN NOTICE; (3) FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR FOR BODILY INJURY OR DEATH TO ANY PERSON FOR WHICH CERIUM'S SOLE NEGLIGENCE WAS THE PROXIMATE CAUSE, YOUR RIGHT TO PROVEN DAMAGES TO PROPERTY OR PERSON; AND (4) FOR CLAIMS OTHER THAN SET FORTH ABOVE, CERIUM'S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE PRICE OF SERVICE GIVING RISE TO THE LIABILITY OR $100,000, WHICHEVER IS LESS. B. EXCEPT TO THE EXTENT PROVIDED IN SUBSECTION 7.A(3), CERIUM SHALL NOT BE LIABLE FOR THE FOLLOWING TYPES OF DAMAGES: (1) INDIRECT OR INCIDENTAL DAMAGES, AND (2) SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, LOST, CORRUPTED, MIS - DIRECTED OR MISAPPROPRIATED DATA OR MESSAGES; AND CHARGES FOR COMMON CARRIER TELECOMMUNICATION SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO PRODUCTS ( "TOLL FRAUD "). CERIUM SHALL NOT BE LIABLE FOR THE TYPES OF DAMAGES ENUMERATED ABOVE WHETHER OR NOT CERIUM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY. 01/05/15 Page 14 Maintenance Service Agreement Avaya Telephony Advanced Support Prepared for: City of Yakima Cerium Sales Order #65234 8. CANCELLATION/TERMINATION — A. Prior to the commencement of post- warranty service, you may cancel coverage and receive a full refund of any prepaid amount. After commencement of any initial or renewal term of post - warranty service, you may terminate Service coverage upon thirty (30) days written notice. If you provide notice of your intent to terminate during the first thirty (30) days of coverage, you will only be responsible for the charges for the period of coverage up until the effective date of termination. After the first thirty (30) days of coverage, you may provide notice to terminate the Agreement subject to a termination charge equal to the monthly charges for twelve (12) months or the period remaining, whichever is less. For prepaid agreements, Cerium will refund or credit the pro rata price of the remaining term less the applicable termination charge. B. If you fail to perform any material term or condition of this Agreement (e.g., fail to pay any charge when due) and such failure continues for thirty (30) days after receipt of written notice, you shall be in default and Cerium may terminate this Agreement and exercise any available rights. Upon termination by Cerium, you shall be liable for cancellation and /or termination charges and any other applicable charges. 9. DISPUTES — A. Any controversy or claim, whether based on contract, tort, strict liability, fraud, misrepresentation, or any other legal theory, related directly or indirectly to this Agreement ( "Dispute ") shall be resolved solely in accordance with the terms of this Section 9. B. If a Dispute arises, the parties will endeavor to resolve the dispute through good faith negotiation within seventy-five (75) days of notification of the Dispute. C. Any Dispute you have against Cerium with respect to this Agreement must be brought in accordance with this Section 9 within two (2) years after the cause of action arises. 10. FORCE MAJEURE — Cerium shall have no liability for delays, failure in performance or damages due to: fire, explosion, power failures, pest damages, lightning or power surges (except as provided in Section 4.F), strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, performance or availability of communications services or network facilities, unauthorized use of the Products, or other causes beyond Cerium's control whether or not similar to the foregoing. 11. ASSIGNMENT — Neither party may assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, Cerium may assign this Agreement to a present or future affiliate, subsidiary, successor or distributor or may assign its right to receive payment without your consent. Further, such consent shall not be required if Customer assigns this Agreement to an affiliate, subsidiary, or in connection with a merger, acquisition, or sale of all or substantially all of its assets. 12. SUBCONTRACTING — Cerium may subcontract work to be performed under this Agreement, but shall retain responsibility for the work. 13. GENERAL — A. Any supplement, modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. B. If either party fails to enforce any right or remedy available under this Agreement, that failure shall not be construed as a waiver of any right or remedy with respect to any other breach or failure by the other party. C. You certify that the Services acquired hereunder are intended for your use in the ordinary course of your business and not for the purpose of resale. D. This Agreement shall be governed by the local laws (as opposed to the conflict of law provisions) of the State of Washington. F. THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED HEREUNDER AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, COMMUNCIATIONS BETWEEN THE PARTIES AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL. CUSTOMER � (Authorized Cust e presentative's Signature) (Date) Approved by CSC 01/05/15 Page 15 Cerium Networks 1636 West 1st Avenue - Spokane, WA 99201 SUPPORT CONTRACT cerium networks' Date Contract # LEADING UNIFIED COMMUNICATIONS 02/18/16 CERQ65245 Sold To: City of Yakima - (Communications) Support City of Yakima - (Communications) Jeff Cutter Location: Jeff Cutter 200 South 3rd Street 200 South 3rd Street Yakima WA Yakima WA 98901 98901 Phone: (509) 575 -6000 Phone: (509) 575 -6000 Fax: Fax: Billing Freq. Term Rep MONTHLY 12 Months Jamie Harris Ln # 177 I Description Unit Price Ext. Price 1 Cerium Support for Avaya Voice and Messaging Systems 2 Cerium Essential Support 8X5 3 1,238 CSC 8X5 ESSENTIAL SUPPORT FOR AVAYA CM - BUNDLE $1.15 $1,423.70 (J71100-J71101-J71103-J71105) 4 1 Cerium Networks 8x5 Essential support for Avaya CM includes 24x7 $0.00 $0.00 system alarming and monitoring, remote and onsite engineering support for technical trouble remediation, and critical parts replacement during normal business hours for Avaya Communication Manager, Gateways, AES, and System Manager. Priced per RTU. 5 6 674 CSC 8X5 ESSENTIAL SUPPORT FOR AVAYA MODULAR MESSAGING $0.46 $310.04 7 1 Cerium Networks 8x5 Essential support for Avaya Modular Messaging $0.00 $0.00 includes 24x7 system alarming and monitoring, remote and onsite engineering support for technical trouble remediation, and critical parts replacement during normal business hours. Priced per RTU Pricing is exclusive of any sales tax if applicable See page attached for contract signatures. 02/26/16 13:14:34 Page 1 SUPPORT CONTRACT (cont) c erium networks- Date Contract # LEADING UN■ICO COMMUNICATIONS 02/18/16 CERQ65245 City of Yakima - (Communications) Yakima WA Customer signature below indicates customer has read and agrees to the terms and conditions set forth on the attached hereof: (11441A-/ Jeff Cutter Date William Junkermier Date City of Yakima - (Communications) Cerium Networks Commencement of this agreement will begin upon the acceptance by signature of Cerium Networks. This commencment date is dependent upon Cerium's timely receipt of customer supplied information as specified in this contract package. Cerium will return a signed copy of this agreement indicating that date. 02/26/16 13:14:34 Page 2 DocuSign Envelope ID:4919428B-91AD-453F-A778-181E09B74FA3 cerium networks ,ti.:f1 ri,.. ,...... ....„ ;) 1..?, Support Agreement Advanced Support for Avaya Telephony 11Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Date: Services Performed By: Services Performed For: April 23, 2020 Cerium Networks City of Yakima Verbal/Written Disclaimer: No verbal statements by Cerium Networks or other party shall constitute a modification of this Support Agreement or representation that additional or different services will be performed. Services not written within this Support Agreement are not assumed and will not be performed unless defined within this document. Section 1: Overview The following Support Agreement covers the technical support and maintenance services of City of Yakima's Avaya telephony solution.This Support Agreement specifies the deliverables and responsibilities associated with the Cerium Advanced Support selected and listed in Section Two(2), titled, "Scope of Support."Technical support and maintenance services are vital to the health of your communication system;we appreciate your confidence in our organization to perform these important services. Section 2: Scope of Suppo 4 The coverage applies to Avaya Telephony and selected non-Avaya telephony products or components that Cerium has designated in the section titled, "Covered Solutions, Equipment,and Custom Services." Essential Support a) 24x7 system alarm monitoring and notification'. b) 8x5 Remote engineering support for technical trouble remediation. Response time2: Priority 1&2—2 hours Priority 3—8 business hours c) 8x5 On-site engineer as needed for technical trouble remediation. Response time2: Priority 1&2—4 Hours Priority 3—8 business hours d) Critical equipment spare parts. e) Management Meeting and Service Reporting. f) Avaya Support Advantage3. 'Alarms are sent to Cerium and the dedicated customer contacts via email 24x7. 2During the applicable coverage period. 3Unless otherwise noted in the Cerium Sales Order,Avaya Support Advantage is not included in the price of Cerium Maintenance Services. Contract Term The term of this agreement is for a period of 12 months beginning on 3/1/2020 and ending on 2/28/2021. This agreement will automatically renew for an additional term of 12 months if Cerium is not notified by the customer in writing that renewal is not desired at least thirty(30)days in advance of the term end date. Abbreviations and Definitions: 24x7 21Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Refers to twenty-four(24) hours a day, seven (7) days a week,three hundred sixty five (365)days per year; including holidays. 8x5 Refers to normal business hours-Monday through Friday, 8:00am—5:00pm Pacific Standard Time (PST); excluding holidays. On-site The physical location(s)of the customer equipment as defined in this Support Agreement. Response Time The maximum elapsed time it will take Cerium Networks personnel to begin to work on a service ticket. This is not to imply when the service issue will actually be resolved. Section 3: Service Descriptions 24 x 7 System Alarm Monitoring and Notification Remote monitoring occurs 24x7x365 and alarms are e-mailed to customer delegated contacts and the Cerium Support Center(CSC). Minor alarms will be reviewed and cleared by Cerium as appropriate. Cerium will respond to critical/major alarms based upon the contracted support level and the hours of coverage. Alarms received by Cerium outside of the contracted hours of coverage will not be responded to by Cerium until 8am on the following business day. If the customer receives an alarm outside of their contracted hours of coverage and requires support they may call the CSC for assistance; however, hourly charges will apply. Remote Engineering Support A qualified Cerium Networks engineer will troubleshoot and resolve service tickets for covered equipment via the telephone and/or a remote system connection. The Cerium engineer will attempt to clear the identified trouble remotely and test systems accordingly to ensure that the trouble is resolved. On Site Engineer A qualified Cerium Networks engineer will be dispatched, at the discretion of the CSC,to the covered location in the event that the identified trouble cannot be cleared remotely. The engineer will test systems accordingly to ensure trouble is resolved. If on-site coverage is not included in the"Service Plan",the customer may still request on-site support at the discretion of both parties. Any on-site visit not included in the 'Service Plan'will be billed at the current T& M rates; including any associated travel time. Critical Equipment Spare Parts Unless specifically listed in the Support Agreement,the parts which may be replaced without charge are those contained within the Avaya telephone system (switch) and voicemail system (as applicable). Telephone sets,other adjuncts, power systems (UPS), modems, PCs,servers, routers, network switches, other software,other hardware,and adjunct applications are not covered under this agreement. Such parts and services are billed at T&M rates. Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Avaya Support Advantage—Essential and Upgrade Advantage includes: Cerium Networks is certified by Avaya as a Joint Service Delivery Support Specialist Partner which allows us to escalate directly to Avaya's tier 4 organization. With this support model, Cerium would be the primary contact, and Avaya is in essence the "subcontractor" where appropriate. Cerium would manage the contract with Avaya and there would be no incremental charges by Avaya for in-contract services. • Access to Avaya Intellectual Property and Tier 4 Resources • Access to minor releases with new feature functionality • Access to online software patches • Avaya direct remote software solution support • Access to self-help website, InSite Knowledge Management Tool,and Technical Documentation Library • Software media replacement • Full Release Software Upgrades on Avaya Aura Messaging* *Any additional product and installation and implementation fees apply Section 4: Notification and Response Process 1) Service Requests may be submitted through several methods: a) Web Site: You can navigate to http://cerium1463.ceriumnetworks.com/my- contracts/and click on "Submit a ticket" under the"My Support Center"section. b) Phone: You can call the Cerium Support Center at 800.217.0933. This number is always available to request support and is answered 24x7x365; including holidays. This is the recommended method of contact for all urgent requests. c) Email: You can e-mail requests for support to csc@ceriumnetworks.com Email is monitored 24x7x365. d) System alarm monitoring notifies the CSC of an alarm. Cerium personnel monitor system alarms 24x7x365 and will respond as defined by your Support Agreement. 2) Support Ticket Creation—All requests for support are sent directly to CSC personnel who will: a) Verify the customer records in our database to determine support coverage criteria. b) Open a service ticket with a detailed entry of the customer issue. c) Appropriately assign a severity level to the ticket. i. Priority 1 Urgent(Major):An urgent service ticket is any issue that causes a business to cease its primary business function or two or more critical business functions. (100%or nearly 100%-Out-of-Service) If an urgent issue is not actively engaged within two (2) hours the Cerium Engineer must escalate to the respective Manager. ii. Priority 2 High(Major)A high priority service ticket is any issue that involves a down or severely degraded critical business function. (At least 25%Out-of- Service) High priority issues will escalate to "Urgent"status if not actively engaged within four(4) hours. iii. Priority 3 Standard (Minor):A standard service ticket are any issues that degrade or impair but do not inhibit business functions. (Less than 25%Out-of-Service).A 4JPage Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 "Standard"issue must be actively engaged within eight(8) business hours or it will be escalated to"High"priority. iv. Priority 4 Scheduled(Minor):A scheduled service ticket is a low priority issues that does not affect business functions or users. Low priority issues are not normally escalated. 3) CSC Engineer Assigned—Based upon the type of service ticket an appropriate engineering resource will be assigned. The assignment will be based on the type of issue and the severity or skill set required. 4) Trouble Diagnostics—The assigned engineer will look up the customer's equipment records in our database and begin work on the issue remotely. If after troubleshooting the issue it is determined on-site support is required,the CSC may dispatch a field engineer to assist on-site. Depending on the Service Plan selected, hourly charges may apply for on-site support and be will billed at the current T& M rates. 5) Problem Resolved -Upon resolving the issue the engineer will close out the ticket with a synopsis of the resolution and any other relevant ticket notes. If hardware or software was updated,the customer record will be updated appropriately. 6) Customer notified—After the service ticket is closed,the customer will be notified of the ticket resolution. A record of the service ticket and its resolution will be available in the customer's Cerium1463°portal page. 7) Root Cause Analysis(RCA)can be completed upon request on Priority 1 and Priority 2 cases which are resolved by Cerium. RCAs for Priority 3 and Priority 4 cases are not included in the Support Agreement, but can be completed upon request. Time and Material charges will apply. RCA focus will be limited to system(s) covered by the Support Agreement. RCA will be researched and results delivered based upon data and logs available to Cerium at the time of the event. Cerium 1463 Web Portal (cerium 1463° LUID COLLABORATION 5 ' Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Cerium 1463 is an interactive portal accessible through a unique login,and will provide you specific support information about your account. This portal will have visibility into active and closed tickets,current alarms,and will allow you to add new tickets and add comments to existing tickets. Below is your home page of Cerium 1463. From here you can navigate to the information you are looking for using the"Navigation bar". We also list your contacts with Cerium here,making it easy to communicate with the person you need.We display Cerium News and Events here as well so you always know what we are up to. w Ow» .»>••e.-n�r.^wop.ox.o- •i«•�.Lg�,.. v,<.a .Mn �a vnsr..Acs..Jmsr.p,cm.pc...g,`M,,..,�m a.,os. :C.mQ ps'.n..�.•r,..o+»r. Cerium webinar :ww 10 am Pacific 111 am Mountain 1 eone oays/ n>�ebt tlVednE;daySi"' € CM laml�C Cwne=uisa Ek++,.+u .,, il Y�w. '{1 ld WJi ® ' Support Tickets: To Access trouble tickets 1. Click on "my support center"and select"view trouble tickets". home my support center - (� my alarms My Si view trouble tickets ?}`S submit a My Support Center 2. By default you will see all active tickets and on the right side you will see graphs showing ticket counts by month and severity for the past year. Lust oar.' 3. To see closed tickets click on the filter button and select the view you would like to see. 61Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Active Tickets- active tickets resolved ticket in the last 7 days WI resolved tickets _ ..crtl�rti� afixrn. c_ ..._._. . nr To view details and add notes 1. To view more details and/or add a note to a ticket,click on the site name. 2. To add a note click on "Add Note". 3. Enter notes and/or attach document and click"Submit". Enter Notes Customer• Number ,ry`a Responsible Contact Customer Tube.Number 'CSC t®— tii:t:.l : te,: • .1 I'k<. Description of Work Recmested k ,rime{,f d• . ': .... .. / .sons Add Notees Here Hen wr.� I Choose Fifes I w,file • Mrrn S hm: 4. Your note will now show in the"Customer Status"field. To create a support ticket. * Only P3/P4 priority tickets can be entered through the Portal, you are prohibited from changing the priori' higher than Priority 3. All higher priority(P1/P2) issues should be called into the Cerium support center. There are a number of locations that have a link to submit a new ticket. • From the home page click on the"submit a support ticket"link on the right. 7IPage Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 24/7 Su port Open a ticket: c 877.42 3.7486 A @ submit a support ticket • From any page click on the"Submit a ticket" link in the footer. My Support Center About Having Problems with this W,Alebsit ? Submit a ticket About Portal 2015 View Support Tickets Contact Us View Alarms • From the Navigation bar click on "my support center"and then choose"submit a trouble ticket". home I my support center my alarms view trouble tickets I submit a trouble ticket 1. Fill out the form,attach any documents and click on "Submit Ticket". 81Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Customer* [ Neteorks HQ •Enter a brief subject line(Field is public)* Solution Category* Description of Work Requested* Attach a file Choose No file chosen Submit Ticket 2. You will be redirected to the"view trouble tickets"page and you will see your new ticket there. Access Alarms Steps to view your current equipment alarms. 1. Click on "my support center"on the navigation bar and click on"my alarms". My Alarms 5wi6/5=14 92ikS1 AM 65/2014 4:2052 Ala 234567e101 Caricon Normarti A UV Audi, Warning 655 solarwinds No Alarms to display. 91Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 2. Use the paging buttons to see past alarms. Section 5: Escalation Procedures 1) The Cerium CSC engineer initially assigned to the case is responsible for assuring that the case is properly completed. 2) Assignments of service tickets are based upon: a. Relevant product expertise and certification b. Availability/Schedule of Engineer c. Experience/Familiarity with Customer and configuration 3) If the engineer assigned to the case is unable to resolve the issue: a. Either by the estimated time or b. Because in the engineer's judgment the scope of the issue is beyond their expertise, an assessment will be made on the need to involve additional resources. c. If the issue is within the scope of their expertise and the engineer is still unable to resolve the issue,escalation timelines will take precedence. 4) Escalation will be made to next higher resource level in appropriate product or technical area. 5) The escalation process will continue either until the service ticket is resolved,or the issue is determined not to be technically feasible based on the customer's environment and available hardware. 6) The resolution of certain service tickets may require the customer to obtain additional equipment or software. These tickets may be closed once a recommendation is provided to the Sales Account Executive for pricing/purchase discussions. 7) Escalation to Manufacturer resources can occur at any point in the process as part of troubleshooting or fact finding. To pursue resolution with Manufacturer resources requires an assessment by the appropriate Cerium Director of Technology or the Director of the Cerium Support Center. If the issue has been escalated through all levels of support at Cerium then opening a trouble ticket and escalating to the manufacturer is the next step. Cerium Account Management Escalation Procedures The primary point of contact within Cerium Networks is your assigned Account Manager. In the unlikely event you are not achieving the expected results then making contact with Sales Vice President is appropriate. Cerium Account Management escalation contacts are: • Account Manager—Todd Jones,509.536.8625,tjones@ceriumnetworks.com • Vice President of Sales-Don Walde,509.536.8647, dwalde@ceriumnetworks.com 101Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Cerium Technical Escalation Procedures The Cerium Support Center coordinator will provide you with a mechanism to formally escalate a case to the appropriate resources within the Cerium team.This escalation process will increase the visibility,awareness,and focus of your service outage within the Cerium management team. Process flow: • An escalation request should be initiated in reference to a specific Service Ticket ID. • Place a telephone call to the Support Center number 800.217.0933 and make your escalation request with the CSC coordinator. • Clearly state that you are requesting escalation of the case. • If the Coordinator is not available at the time,place a separate telephone call to the Manager or Director of the Cerium Support Center. • The severity level of the service ticket will be mutually agreed upon between the customer and the Cerium escalation point of contact engaged in the process. • A formal action plan including ownership for each action item will be agreed upon between the customer and the Cerium escalation point of contact. • Escalation will be documented by Cerium in the customer record. Cerium Support Center(CSC)Technical Escalation Contacts: Technical Tier C Cerium Support Center: 800.217.0933 or 509.536.8610 csc@ceriumnetworks.com Cerium Management Escalation Contacts Support Center Manager: Shannon Behm 509.344.5848 sbehm@ceriumnetworks.com Director of Support Center: Scott Daniels 971.404.2709 —Work sdaniels@ceriumnetworks.com VP of Finance&Operations: William Junkermier 509.536.8650—Work wjunkermier@ceriumnetworks.com President: Roger Junkermier 509.536.8656—Work rjunkermier@ceriumnetworks.com 11 ' Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Section 6: Customer Dependencies and Responsibilities • Customer shall provide dedicated broadband remote access methodology for the equipment and systems covered under the Maintenance Agreement. • Dedicated broadband access must remain available to provide remote access on a 24x7 hour basis. • Remote access line number or IP address must be provided and tested by Cerium Networks prior to coverage commencing. • Provide Cerium Networks with system passwords and equipment access control features required to provide support. • Notify Cerium Networks of all changes that affect system and network configurations as well as operations. • Provide Cerium Networks with a copy of all Modular Messaging/CMS Software and system backup disks • Minimum coverage with Avaya is required in order for Cerium to begin support for the City of Yakima's Avaya environment. City of Yakima must maintain at least the minimum level of Avaya support throughout the term of this agreement. • All underlying Avaya support contracts, i.e.Support Advantage,will be governed by Avaya's terms and conditions. • Cerium will make every effort to maintain stocking levels and procure like-for-like replacement spare parts to support the covered system.There are instances due to age and release level of supported product replacements are no longer being manufactured.This scarcity may affect response and repair times on certain troubles,and certain parts may require replacement with more current substitute parts.As a last resort,you may have to purchase an upgrade to your system to resolve the trouble if replacements or substitutes are not available,or if the substitute part(s) is incompatible with your current version. • Any software deemed End of Maintenance Support (EoMS) by Avaya is best-effort as Avaya Manufacturer Support is no longer available. • Software products categorized with best effort support means Avaya has terminated development efforts for these software products. Cerium Networks standard support does not apply to products in the best effort category.Cerium Networks will use commercially reasonable efforts to assist the customer in resolving errors • The installation and configuration of new hardware will be considered to be an independent project and therefore not covered under this agreement. 12IPage Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Section 7: Covered Solutions, Equipment, and Custom Services The following equipment is supported under this agreement. Any equipment not expressly listed below is not considered to be covered under this agreement however support may be available upon request at the current hourly T&M rates. Covered Location Name/Address: Equipment/Solution Covered: 200 South 3rd St Yakima,WA. 98901 -260 RTU—Avaya Aura Core R6 -86 RTU—Avaya Aura R6 Foundation -15 RTU—Avaya Aura Power -1 RTU—Avaya Aura R6 S8510 HA -926 RTU—Avaya CM R5 -694 RTU—Avaya Aura Messaging Unless specifically stated in this Support Agreement City of Yakima shall be responsible for security of the equipment, including but not limited to application patching, certificate renewals, customer account maintenance, and passwords (including but not limited to administrative and user passwords).Customer will be responsible for its own compliance with all state and federal privacy laws. For Select and Managed Service Support Agreements, upon request,Cerium Networks can provide a technical review of potential patches prior to customer deployment for any known incompatibility issues. For all other Support Agreements, a technical review is subject to current T&M rates. Support tickets associated with a patch, certificate renewal,or a security update that did not include a technical review by Cerium prior to deployment is subject to billable time. Any work performed that falls outside of the scope of this agreement is subject to Cerium's current T&M rates. Rates subject to change at any time. Hourly Rate with Hourly Rate . Cerium without Cerium ' • r:` Maintenance Maintenance Travel • ,' After Hours Holiday Onsite - r *Onsite is a(2)Hour $200.00 $325.00 Minimum. Rate x.5 _ Rate.x 1.5 ... • Rate x 2.0 Remote $180.00 $280.00 Special instructions or custom services: Move,Add,Change are not covered under this maintenance agreement and will be billable at current T&M rates. 13 1Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Section 8: Cancellation Guidelines ® Avaya Manufacturer Support Customer may terminate Avaya Manufacturer Support at any time during the current term with a minimum of forty(40)days written notice and shall be subject to payment of: (i)charges up to and including the date of termination,and (ii)cancellation fees. Cancellation fees shall be equal to the charges that would otherwise be payable for the affected coverage for the remainder of the year of the Term in effect as of the effective date of the termination. • Cancel in Year 1: Full amount of 1st year annual fees to be paid in full. • Cancel in Year 2: Full amount of 1st and 2nd year annual fees to be paid in full. • Cancel in Year 3: Full amount of 1st, 2nd and 3rd year annual fees to be paid in full. OFFER EXPIRATION: THIS STATEMENT OF WORK(SOW) WILL BECOME INVALID IF NOT ACCEPTED BY CITY OF YAKIMA ON OR BEFORE 4/30/2020. Section 9: Signature Authorization The information in this Support Agreement shall not be duplicated, used or disclosed by the customer or Cerium Networks, in whole or in part,for any purpose other than for fulfillment of the work to be performed by Cerium Networks, Inc.Cerium Networks Terms and Conditions apply to this Support Agreement. City of Yakima Cerium Networks Inc. A horized Signature Authorized Signature PaitUAA DocuSigned by: ,3IA1A/t-INAtt.r By: By: , Title: • 4(1(1 'C Title: VP of Finance&Operations Date: net 3 L.4 Date: 141Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 Cerium Support Contract Terms and Conditions Cerium Networks, Inc. ("Cerium") and you, the Customer, agree that the following terms and conditions will apply to the warranty,post-warranty services and Support services("Services")listed on the attached Support Contract("Agreement")This Contract may contain additional pages and covers Support Services provided by Cerium. 1. CONTRACT PERIOD—This Agreement shall be effective the date this agreement is executed by Cerium, for the term as specified on the Contract until terminated as set forth in Section 8 of these terms. Enhanced warranty services will be coterminous with the applicable product warranty period. Post-warranty Support services will be for an initial term as specified on the attached hereof, (one(1)year minimum). Post-warranty service shall be automatically renewed for successive one(1) year terms at the charges and under the terms and conditions applicable to Cerium's standard one(1)year service agreement at the time of renewal, unless either party gives the other written notice of its intent not to renew at least thirty(30)days prior to the expiration of any initial or renewal term. Cerium can also notify you ninety(90)days in advance of the time of renewal that Service for specific Products covered under this Agreement will not be renewed. 2. CUSTOMER RESPONSIBILITIES—You agree to (i)provide the proper environment, electrical and network connections, (ii) provide access and work space, and (iii) maintain a backup procedure external to the software program(s) and host computer for reconstruction of loss or altered files, data or programs (iv) and provide a network or phone line connection to the equipment being supported at all times(v)maintain a copy of all software used on your systems. Failure by the Customer to perform these responsibilities will cause Cerium to be unable to meet its Support requirements. You are responsible for notifying Cerium of the presence of any hazardous material (e.g., asbestos)on your premises prior to the commencement of any Services. You are also responsible for removal of any such hazardous material or correction of any hazardous condition that affects Cerium's performance of Services. Services will be delayed until you remove or correct the hazardous condition; Cerium shall not be liable to you as a result of such delays. 3. WARRANTY—A. When a post-warranty service agreement exists, Cerium warrants that during the warranty period the Products will operate in accordance with the Manufacturer's Documentation. If a Product does not operate in accordance with the Documentation during the warranty period, you must promptly notify Cerium. Cerium, at the manufacturer's option, will either repair or replace that Product without charge. You have the right, as your exclusive remedy,to return that Product for a prorate refund of the purchase price or license fee if Cerium is unable to repair or replace the Product. A pending or active Cerium post-warranty service agreement is a prerequisite for this warranty coverage. B.The warranty period shall begin on the Delivery Date for Customer-installed Products. Cerium's standard warranty period will apply if none is specified. A pending or active Cerium post-warranty service agreement is a prerequisite for this warranty coverage. 4. ENHANCED WARRANTY& POST-WARRANTY SERVICE—A. Cerium will provide Services during the Contract Period in accordance with Cerium's standard specifications subject to the exclusions set forth in this Section 4. Cerium provides various Support Services dependent upon the product and option selected by the Customer and indicated on the attached. Cerium's selected Services are described in the Cerium Service Statement of Work. B. Post-warranty service includes preventive maintenance as deemed appropriate by Cerium and remedial maintenance, including replacement parts required for Products used under normal operating conditions. C. If you subsequently purchase products ("Added Products") from Cerium or a third party and co-locate those products with the existing ones, those Added Products purchased from a party other than Cerium are subject to certification by Cerium at Cerium's then current rates for such certification; post-warranty service coverage will be effective immediately after Cerium certifies the Added Products. Charges for Added Products will be at the then current rate and coverage will be coterminous with the coverage for the existing Products. D. PURCHASED OR REPLACEMENT PARTS AND PRODUCTS MAY BE NEW, REMANUFACTURED OR REFURBISHED. Any removed parts and/or Products will become the property of Cerium. E. Enhanced Warranty and post-warranty service coverage will be in accordance with the option(s) you have selected as listed on the front of this Agreement. Cerium's standard warranty and post-warranty coverage will apply if none is specified. F. POWER SURGES — If you have ordered post-warranty service, during Cerium's warranty and post-warranty service periods,Cerium is not responsible for damage(including loss or corruption of data records) to your Products (voice, network or video products) from power surges. Cerium will assist in selecting and installing an electrical protection system that complies with the National Electrical Code if requested, any applicable local standards, and any Cerium-specified site requirements. G. Cerium may, at its discretion, electronically monitor your system for the sole purpose of collecting and recording the configuration of and the number and kinds of products in your system. Such monitoring will serve two (2) principal purposes: (1)the information will permit more accurate remote diagnostics and corrective actions; and(2)the information will be used once a year, before the renewal date of any Support Agreement,or the annual anniversary date,to determine applicable charges. Products identified in the data collection will be treated as Added Products under Section 4.C. You will cooperate with Cerium in such data collection,including making remote access available to Cerium for this purpose. 5. WARRANTY/POST-WARRANTY SERVICE EXCLUSIONS —A. EXCEPT AS STATED IN SECTION 5, CERIUM, ITS SUBSIDIARIES AND THEIR AFFILIATES, SUBCONTRACTORS AND SUPPLIERS, MAKE NO WARRANTIES EXPRESS OR IMPLIED,AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHAN-TABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B.The warranty provided in Section 3 and post-warranty service do not cover repair for damages,or malfunctions, or performance characteristics caused by: (1)use of non-Cerium furnished equipment unless certified by Cerium, software, 15IPage Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91 AD-453F-A778-181 E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 or facilities with the Product(s); (2)your failure to follow Cerium's or the Manufacturer's installation, operation or maintenance instructions, including your failure to permit Cerium timely remote access to your Product(s); (3) failure or malfunction of equipment,software,or facilities not serviced by Cerium; (4)actions of non-Cerium personnel;or(5)force majeure conditions as stated in Section 10. Cerium does not warrant uninterrupted or error free operation of the Product(s). In addition, Cerium is not obligated to provide warranty or post-warranty service if you modify the Product(s). If you request, Cerium will perform repair or other services not covered by this Agreement to your Product(s) at Cerium's standard rates for such service. C. Although Products are designed to be reasonably secure, Cerium makes no express or implied warranty that Products are immune from or present fraudulent intrusion, unauthorized use or disclosure or loss of proprietary information. Certain features, if purchased, such as Password Reset, Conference Mailbox, Skip Password and Monitor Mailbox, when enabled, could be improperly used in violation of privacy laws. By ordering Products with these features or separately ordering such features, you assume all responsibility for assuring their proper and lawful use. D. You agree to notify Cerium prior to moving a Product. Additional charges may apply if Cerium incurs additional costs in providing warranty or post-warranty services as a result of a move of a Product. E. If the Product supports Telephony or Transmission Control Protocol/Internet Protocol(TCP/IP)facilities,you may experience certain compromises in performance, reliability and security, even when the Product performs as warranted. These compromises may become more acute if you fail to follow Cerium's recommendations for configuration, operation and use of the Product. YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THESE RISKS AND THAT YOU HAVE DETERMINED THEY ARE ACCEPTABLE FOR YOUR APPLICATION OF THE PRODUCT. YOU ALSO ACKNOWLEDGE THAT, UNLESS EXPRESSLY PROVIDED IN ANOTHER AGREEMENT, YOU ARE SOLELY RESPONSIBLE FOR (1) ENSURING THAT YOUR NETWORKS AND SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION,AND(2)BACKING UP YOUR DATA AND FILES. 6. PRICE AND PAYMENT—A. Payment of invoices is due within thirty(30)days from the invoice date. Delinquent payments on any undisputed balance are subject to a late payment charge of the lower of one and one-half percent(1.5%)per month or portion thereof, or the maximum amount allowed by law. Restrictive endorsements or other statements on checks will not apply. You agree to reimburse Cerium for reasonable attorneys'fees and any other costs associated with collecting delinquent payments. B. You shall pay taxes levied upon the sale, transfer of ownership, installation, license or use of Products or Services unless you provide Cerium with a tax exemption certificate. Excluded are taxes on Cerium's net income. 7. EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY — A. THE ENTIRE LIABILITY OF CERIUM AND ITS SUBSIDIARIES, AFFILIATES AND SUBCONTRCTORS, (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,SUBCONTRCTORS AND SUPPLIERS OF ALL OF THEM)AND YOUR EXCLUSIVE REMEDIES FOR ANY DAMAGES CAUSED BY ANY PRODUCT DEFECT OR FAILURE,OR ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF ANY WORK OR SERVICE, REGARDLESS OF THE FORM OF ACTION,WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE: (1) FOR FAILURE OF PRODUCTS DURING THE WARRANTY PERIOD,THE REMEDIES STATED IN SECTION 3;(2)FOR CERIUM'S FAILURE TO PERFORM ANY MATERIAL TERM OF THIS AGREEMENT(E.G.,CERIUM'S POST-WARRANTY SERVICE OBLIGATIONS),YOU MAY CANCEL THIS AGREEMENT WITHOUT INCURRING CANCELLATION CHARGES IF CERIUM FAILS TO CORRECT SUCH FAILURES WTIHIN THIRTY (30) DAYS OF RECEIPT OF YOUR WRITTEN NOTICE; (3) FOR DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR FOR BODILY INJURY OR DEATH TO ANY PERSON FOR WHICH CERIUM'S SOLE NEGLIGENCE WAS THE PROXIMATE CAUSE, YOUR RIGHT TO PROVEN DAMAGES TO PROPERTY OR PERSON; AND (4) FOR CLAIMS OTHER THAN SET FORTH ABOVE, CERIUM'S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE PRICE OF SERVICE GIVING RISE TO THE LIABILITY OR$100,000,WHICHEVER IS LESS. B. EXCEPT TO THE EXTENT PROVIDED IN SUBSECTION 7.A(3), CERIUM SHALL NOT BE LIABLE FOR THE FOLLOWING TYPES OF DAMAGES: (1)INDIRECT OR INCIDENTAL DAMAGES,AND(2)SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, LOST, CORRUPTED, MIS-DIRECTED OR MISAPPROPRIATED DATA OR MESSAGES; AND CHARGES FOR COMMON CARRIER TELECOMMUNICATION SERVICES OR FACILITIES ACCESSED THROUGH OR CONNECTED TO PRODUCTS ("TOLL FRAUD"). CERIUM SHALL NOT BE LIABLE FOR THE TYPES OF DAMAGES ENUMERATED ABOVE WHETHER OR NOT CERIUM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY. 8. CANCELLATION/TERMINATION—A. Prior to the commencement of post-warranty service, you may cancel coverage and receive a full refund of any prepaid amount. After commencement of any initial or renewal term of post-warranty service, you may terminate Service coverage upon thirty (30)days written notice. If you provide notice of your intent to terminate during the first thirty(30)days of coverage,you will only be responsible for the charges for the period of coverage up until the effective date of termination. After the first thirty(30)days of coverage, you may provide notice to terminate the Agreement subject to a termination charge equal to the monthly charges for twelve (12) months or the period remaining, whichever is less. For prepaid agreements,Cerium will refund or credit the pro rata price of the remaining term less the applicable termination charge. B. If you fail to perform any material term or condition of this Agreement(e.g., fail to pay any charge when due) and such failure continues for thirty (30) days after receipt of written notice, you shall be in default and Cerium may terminate this Agreement and exercise any available rights. Upon termination by Cerium, you shall be liable for cancellation and/or termination charges and any other applicable charges. 16IPage Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:4919428B-91AD-453F-A778-181E09B74FA3 Avaya Telephony Advanced Support Cerium Sales Order#78679-2020 9. DISPUTES—A.Any controversy or claim,whether based on contract, tort, strict liability,fraud, misrepresentation,or any other legal theory, related directly or indirectly to this Agreement("Dispute")shall be resolved solely in accordance with the terms of this Section 9. B. If a Dispute arises,the parties will endeavor to resolve the dispute through good faith negotiation within seventy-five(75) days of notification of the Dispute. C. Any Dispute you have against Cerium with respect to this Agreement must be brought in accordance with this Section 9 within thirty(30)days after the cause of action arises. 10. FORCE MAJEURE—Cerium shall have no liability for delays, failure in performance or damages due to:fire, explosion, power failures, pest damages, lightning or power surges(except as provided in Section 4.F), strikes or labor disputes,water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, performance or availability of communications services or network facilities, unauthorized use of the Products, or other causes beyond Cerium's control whether or not similar to the foregoing. 11. ASSIGNMENT— Neither party may assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. However, Cerium may assign this Agreement to a present or future affiliate, subsidiary, successor or distributor or may assign its right to receive payment without your consent. Further, such consent shall not be required if Customer assigns this Agreement to an affiliate,subsidiary,or in connection with a merger,acquisition, or sale of all or substantially all of its assets. 12. SUBCONTRACTING—Cerium may subcontract work to be performed under this Agreement,but shall retain responsibility for the work. 13. GENERAL—A. Any supplement, modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. B. If either party fails to enforce any right or remedy available under this Agreement, that failure shall not be construed as a waiver of any right or remedy with respect to any other breach or failure by the other party. C.You certify that the Services acquired hereunder are intended for your use in the ordinary course of your business and not for the purpose of resale. D.This Agreement shall be governed by the local laws(as opposed to the conflict of law provisions)of the State of Washington. F. THIS AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE PRODUCTS AND SERVICES PROVIDED HEREUNDER AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, COMMUNCIATIONS BETWEEN THE PARTIES AND UNDERSTANDINGS,WHETHER WRITTEN OR ORAL. CITY OF YAKIMA By �' l � _i 1 �Jv (Authorized Cu tomer Repre ative's Sign t e) (Date) � CITY CONTRACENO:j? ._O RESOLUTION NO: l71Page Parties shall maintain confidences to the extent possible in accordance with state law. DocuSign Envelope ID:BD25ECDD-87BC-486E-970C-0B4DC40D55DB Cerium Networks,Inc. 1636 West 1st Avenue-Spokane,WA 99201 SUPPORT CONTRACT cerium networks° Date Contract#• CERQ78679-2020 Sold',To: Cityof Yakima•- HQ Support • City:of Yakima- HQ : • .• Alex•Meyerlioff, t Locatiori:' Alex,Meyerhoff • • 200 South 3rd`Street' 200•South.3rd Street • • Yakima' - : ' WA. Yakima - . WA .98901' . . 98901 • • Phone:: (509) 575-6048 . ' Phone: (5'09) 575-6048 • Fax: Fax: Billing Freq.. - . Term Rep ANNUAL'.: • " Nef 30 Todd,Jones Ln#: :.Qty .Description . ~• -` ' - Unit Price " `.Ext. Price. 1 MONTHLY COST 2 Start Date: 3/1/2020 End Date: 2/28/2021 3 Cerium Support for Avaya Voice and Messaging Systems 4 Cerium Essential Support 8X5 5 1,288 CSC 8X5 ESSENTIAL SUPPORT FOR AVAYA CM-BUNDLE $1.15 $1,481.20 (J71100-J71101-J71103-J71105) 6 1 Cerium Networks 8x5 Essential support for Avaya CM includes 24x7 $0.00 $0.00 system alarming and monitoring,remote and onsite engineering support for technical trouble remediation,and critical parts replacement during normal business hours for Avaya Communication Manager,Gateways, AES,and System Manager. 7 694 CSC 8X5 ESSENTIAL SUPPORT FOR AVAYA AURA MESSAGING $0.46 $319.24 8 1 Cerium Networks 8x5 Essential support for Avaya Aura Messaging $0.00 $0.00 includes 24x7 system alarming and monitoring,remote and onsite engineering support for technical trouble remediation,and critical parts replacement during normal business hours. 9 Cerium Support Monthly SubTotal $1,800.44 10 Avaya Manufacturer Support Renewal 11 Sold To: 2691706 12 Start Date: 3/1/2020 End Date: 2/28/2021 13 CMR6 System 14 1 SA ESS C/D AURATM R6 S8510 HA 1YPP $11.78 $11.78 15 86 SA ESS C/D AURA R6 FND 1YPP $0.77 $66.22 16 15 SA ESS C/D AURA POWER R6 1YPP $1.54 $23.10 17 260 SA ESS C/D AURA CORE R6 1YPP $1.13 $293.80 18 Aura Messaging 19 694 SA ESS C/D AURA MSG 6 MAINSTREAM 1YPP $0.40 $277.60 20 694 UPG ADV AURA MSG 6 MAINSTREAM 1YPP $0.35 $242.90 21 CMR5 System 04/30/20 11:51:09 Page 1 1 of 3 DocuSign Envelope ID:BD25ECDD-87BC-486E-970C-0B4DC40D55DB fLri#:_ Qty Description • • -. Unit.Price- Ext. Price 22 901 SA ESS C/D AURAR5 SE 101-1 K U1 1YPP $0.57 $513.57 23 25 SA ESS C/D AURA R5 SE 1-100 N1 1YPP $0.57 $14.25 24 Avaya Support Advantage Monthly SubTotal $1,443.22 Pricing is exclusive of any sales tax if applicable Contract Total: $3,243.66' See page attached for contract signatures. 04/30/20 11:51:09 Page 2 2 of 3 DocuSign Envelope ID:BD25ECDD-87BC-486E-970C-0B4DC40D55DB SUPPORT CONTRACT (cont) ( ceriurri networks.- ,Date''. Contract# BEADING UNIAIEO COMMUNICATIONS . 03/13/20 - CERQ78679-2020 City of Yakima- HQ Yakima WA Customer signature below indicates customer has read and agrees to the terms and conditions set forth on the attached hereof: /—'',,Dor�cuSigned by: r/4 5/1-1420W1U.10.N1 �.�bt4ll,V' �8907r1A1A14874A4 ALEX M YERHOF Date William Junkermier Date City of Yakima- H Cerium Networks Commencement of this agreement will begin upon the acceptance by signature of Cerium Networks. This commencment date is dependent upon Cerium's timely receipt of customer supplied information as specified in this contract package.Cerium will return a signed copy of this agreement indicating that date. Please contact me if I can be of further assistance. CITY CONTRAC r NO: -� RESOLUTION 04/30/20 11:51:09 Page 3 3 of 3 networks. Sold To, City of Yakima - HQ Carsten Hasse 200 South 3rd Street Yakima, WA 98901 1 2 3 4 5 6 7 8 9 10 Cerium Networks, Inc. 1636 West 1st Avenue Spokane, WA 99201 800-217-0933 csc@ceriumnetworks.com PURCHASE AGREE ; ENT Ship To: City of Yakima - HQ Carsten Hasse 200 South 3rd Street Yakima, WA 98901 Cisco Smartnet Renewal 2020-2021 Descriptk CISCO-NPV AR233 (14-19), WA CONTRACT #01114 SNTC 24X7X4OS (C4P) Contract 96003038 Start Date 10/1/2020 - End Date 9/30/2021 1 UCS-SPR-C220M4-BA1, SN FCH2O35V1NT SubTotal 2 VMWARE VSPHERE 6 STANDARD (1 CPU), 1-YR, 2 VSPHERE STANDARD FOR 1 CPU; ANNUAL LIST 2 Acceptance of Terms, Standalone VMW License for UCS Servers SubTotal ect Date Sale, Re CERQ90768 9/15/2020 Todd Jones Spokane Location: 1636 West 1st Avenue Spokane, WA 99201 Fax: (509) 536-8633 Purchase Price/Uniti $553.50 $1,094.50 $547.86 $0.00 Purchase Price/Total Page 1 $553.50 $553.50 $2,189.00 $1,095.72 $0.00 $3,284.72 1 of 2 Description Pricing valid for 60 days Purchase Price/Unit: Purchase Price/Total Applicable taxes and/or freight & handling to be billed upon final invoicing Your Smartnet coverage on this existing contract is about to expire or has expired already and needs to be renewed. Ifyou wish to renew, please sign and fax or mail back to Cerium Networks. An order for the contract renewal will be placed and you will receive an invoice onyour account. City of Yakima - HQ Authorized 90ature ° Printed Name: +\pw° Title: Cj\� n°^um Date: 2mu