HomeMy WebLinkAboutPR 14692:AT&T BUSINESS COMMUNICATIONS - PHONE SYSTEM FOR 2ND FLOOR HEALTH DEPT.Memorandum
City of Port Arthur, Texas
Purchpsing Divisionz
TO: Stephen Fitzgibbons, ~it~ ~ age
FROM: Rebecca Underhill, CPA, Director of Finance
DATE: April 16, 2008
SUBJECT: Proposed Resolution No. 14692
RECOMMENDATION
The Purchasing Division recommends the City Council's approval. to 1) rescind a previously
approved contract award to AT&T Business Communications in the amount of $9,168.43; and 2)
to enter into a new agreement with AT& T Business Communications for a new phone system for
the 2"d floor of the Health Department in the amount of $10,259.63. ,
BACKGROUND
The Purchasing Division received a quote from AT& T Business Communications on January 21,
2008 for hardware and software. installation of a new phone system for the 2"d floor of the Health
Department. This quote was approved by Resolution No. 08-102 on March 25, 2008; however. the
quote expired on March 21, 2008, and has been rejected by AT&T. The nesv quote is $10,259.63
with an expiration date of 5/31/2008.
The installation will take approximately forty-five (45) days from the receipt of the notice to
proceed. There is a one year warranty. AT&T is a vendor under. DIR, Department of Information
Resources Volume Contracts operated by the State of Texas. This program is a Stale-run
procurement program that allows city municipalities to purchase directly from vendors ivho have
contracts established rvith the State of Texas for their commodities, sucTz as phone systems.
BUDGETARY AND FISCAL EFFECT
Funds will be allocated from 001-1301-541.92-00. Per AT&T, the bid amount increase is because
the telephone system upgrade will require a 32-Seat voice messaging system instead of a 16-Seat
system that was quoted iri the previous bid.
STAFFING EFFECT
None.
SUMMARY
The Purchasing Division recommends the City Council's approval to I) rescind a previously
approved contract award to AT&T Business Communications in the amount of $9,168.43; and 2)
to enter into a new agreement with AT& T Business Communications for a new phone system for
the 2"d floor of the Health Department in the amount of $10,259.63.
PR 14692
P. R. N0.14692
04/15/O8-yda
RESOLUTION NO.
A°RESOLUTION RESCINDING RESOLUTION NO. 08-102 AND
AUTHORIZING THE CITY MANGER TO ENTER INTO A NEW
AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND
AT&T BUSINESS COMMUNICATIONS SERVICES FOR A NEW
TELEPHONE SYSTEM FOR THE 2ND FLOOR OF THE HEALTH
DEPARTMENT IN THE AMOUNT OF $10,259.63
WHEREAS, as a result of renovations, it necessary to install a new telephone system to
the 2"d floor Health Department; and
WHEREAS, on March 25, 2008, the City Council approved Resolution No. 08-102 to
approve the contract award to AT&T Business Communications Services in the amount of
$9,168.43; and
WHEREAS,' the quote had expired prior to the meeting on March 21, .2008 and was
rejected by AT &T; and
WHEREAS, is necessary to rescind Resolution No. 08-102; and
WHEREAS, the Purchasing Division recommends that the City Council authorize the City
Manager to enter into a new agreement with AT&T Business Communications Services to install a
new telephone system on the 2"d floor the Health Department at cost of $10,259.63; and
WHEREAS, AT&T is a vendor under DIR, Department of Information Resources Volume
Contracts operated by the State of Texas. Thisprogram is a State-run procurement program that
allows city municipalities to purchase directly from vendors who have contracts established with
the State of Texas for their commodities, such as digital telephone systems; and
WHEREAS, the warranty will be For one (1) year; and
t
PR 14692
P. R. N0.14692
04/15/08-yda
WHEREAS, the timetable for the installation will be approximately forty-five (45) days
after the receipt of the notice to proceed; and .
WHEREAS, the City can terminate this contract at its convenience which includes, but is
not limited to, funding not being available in any budget cycle with thirty days written notice.
`NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That, the City Council deems it is in the best interest of the City to approve
and authorize the City Manager to execute a contract for a new telephone system on the 2"d floor
of the Health Deparhnent between the City of Port Arthur and AT&T Business Communications
Services, as delineated in Exhibit "A".
Section 3. That, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council:
READ, ADOPTED, AND APPROVED, this day of Apri12008, A.D., at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote:
AYES: Mayor:
Council members:
NOES:
,.
PR 14692
ATTEST:
Mayor
Acting City Secretary
,..
APPROVED AS TO FORM:
~_ ~~~~ ~ -
Mark Sokolow, ity Attorney ~oN gE/-/qL F Or)
APPROVED FOR ADMINISTRATION:
AP/P~RO~V~E~D A~SjTOPF/UN/D~S AVAILABILITY
.Rebecca Underhill, Director of Finance
AS AGREED
AT&T AUTHORIZED REPRESENTATIVE
PR 14692
P. R. N0.14692
04/15/08-yda
~. PR-14692
s
AT&T BUSINESS COMMUNICATIONS SERVICES
_ HARDWARE AND SOFTWARE
EQUIPMENT AGREEMENT
• CITY OF PORT ARTHUR
Company Name:
CITY OF PORT ARTHUR .
Ship to Customer Name:
CITY OF PORT ARTHUR
Ship to Contact:
Ship to Tel: (409)893-8162
' Quote Number: pORTA3
Quote Dafe: 04/01/2008
Expiration Date: 05/31/2008
Ship to Address: _ _
HEALTH DEPT - - -
449 AUSTIN
PORT ARTHUR, TX 77641
Delivery Date:
Qty Part # Product Unit Price Extended Price
20 NT8B27JAAAE6 T7316e Telephone Set W/MWI -Charcoal $268.00 • $5,360.00
1, NT7B09AAADE5 BCM DSM32+-Digital Station Media Bay Mod $1,381.00 $1,381.00
1 NTK00014 BCM Voice Messaging 32-Seat SW $3,872.00 $3,872.00
1 NTK00011 BCM Voice Messaging 4-Seat SW $4$4.00 $484.00
20 W4 Tone, Tag and Test Customer's Present Cable $0.00 $0.00
Finahce your new system with a ATBT Capital Services lease
$1 Purchase FMV -
12 Monthly payments ~of $905.93 $828.57
24 Monthly payments of $475.53 $436.79
36 Monthly payments of $332.82 $311.48
48 Monthly payments of $262.54 $244.77
60 Monthly payments of• $220.99 $206.80
Lease rates are for commercial leases only and do not include applicable taxes
or maintenance costs -
Lease proposal subject to credit approval and acceptance by '
AT&T Capital Services. Questions? Call 800-733-1487
Equipment Subtotal:
Discount:
Equipment Total'.
Shipping:
Installation:
CSR:
Subtotal:
$11, 097.00
$3,559.85
$7,537:15
$68.13
$2,484.00
$170.35
$10,259.63
Note:
Grand Total: $10,259.63
-All returns subject to a 20% restocking tee. -AII shipping and taxes are estimates. -Quote does not include applicable taxes.
- The above prices do NOT include any required house and/or nel-Pop cables or monthly line charges.
- A Site Survey is required if this is a school, place ofworship, warehouse, factory, residence, municipally,
car dealership, trailer, mufti. floor installation or there is existing tA2 key equipment, there are any separate - .
buildings that need to be cabled, new cables installed and the building is over 30 years old, special paging.
requests. If a Site Survey is nol performed, wstomer may be subject
to additional charges
Date Printed: 04/07/2008. Version 2008.Ob eeta Release Date: 03/18/08 CUStOmer In1tIa15
a
ATB:T Equipment Solutions -Voice CPE Support Services
Addendum To Master Agreement
Addendum No.
This Addendum ("Addendum"), entered into by SBC GlobalServices, Inc. dba AT&T Global Services ("AT&T") and CITY OF
PORT ARTHUR ("Customer") and effective as of the date last signed below ("Effective Date"), is an attachment to that certain
Master Agreement ("Agreement") dated between the parties thereto. The definitions contained in the Agreement are
herein incorporated by reference.
Customer Name: CITY OF PORT ARTHUR -
CustomecBilling Address: HEALTH DEPT 449 AUSTIN ~ _ - , - _
PORT ARTHUR, TX 77641
Customer Billing Number: (409) 893-8162 Ext.: ~ ~ -- - _ "~ _ -
Location of Equipment (Delivery/Installation Site Address):
HEALTH DEPT 449 AUSTIN - - •
PORT ARTHUR,'TX 77641
Date of Submission: 4/1!2008 Lessor: n/a
Delivery Date: 411 2120 08 1nstallationlCutover Date: 4!15!2008
Purchase Order Number: to follow
PURCHASE PRICE
- 1. Tgtal Price of Equipment .....................__........... ... $7;537.15
2. Total Charge for Installation/Culover ................. ... $2,654.35
3. Total Purchase Price ...............:.................:....... ..$10,191.50
- . * Taxes & Shipping will be listed separately on the invoice
PAYMENT TERMS' (select one based on criteria below)
" ^ Option 1 ^ Option 2 O lion 3
lnifiaJ'here Initial here Initial here
Down Payment: 50%~ 25% 25%
Delivery: - 50%
Cutover: 50% _~ 75% .25%
TOTAL:
^ Option 4 Due ,
Initial here
$5,095.75
: $5,095.75
10.191.50
Option~1 is the standard billing terms for business sales. Option.2 is used for large businesses or other businesses that are
purchasing over $16,000 and have been in business al least 2 years with DAB Paydex of > 60. Option 3 is only allowed if the
Purchase Price is over $50,000 and the scheduled cutoverdate is more than 60 days after execution of this Addendum.
Option 4 is for non-standard billing and payment term requestsand is subject to the approval of credit~verificalion. All options
are subject to Credit Approval. ~ .
SELECTION OF MAINTENANCE AND SERVICE PLANS: (For Warranty see Section 5)
ATB:T Maintenance Services ~ -
[Complete ^Essential ^ Dedicated ^Custom
®ACCEPT -Customer Initials: DECLINE -Customer Initials:
Initial Term: Years From: To:. Annual Price: _ -
Payment Term: (default is annual) ^ Prepay ^Annual ^Semi-Annual ^Quarterly ^Monthly ^Financing
• CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for
general distribution within or outside their companies. -
Addendum_VOice_CPE_Support Services Page 7 of 7 • Revision Date 051 &07 JR8741
AT&T Equipment.Solutions -Voice CPE Support Services
• Addendum To MasterAgreement
Contact Center Software Support Services (CPE Maintenance Services grid Software Release Subscription are
Purchased Separate)
^ Complete ^ Essential '
^ ACCEPT -Customer Initials: ^ DECLINE -Customer Initials
Initial Term: 1~ Years From: , To: ~ Annual Price: - • - ~-~ ~ ~ - _.
Payment Terms (default is annual): --, ~°--~~ - -
"^ Prepayment -^ Annual ^ Semi-Annual ^ Quarterly ,^ Monthly ^ Financing ._ ~ -`" `-~-
Software Release Subscription Service (CPE Maintenance Services and Call Center Software Support Services are
Purchased Separately) ~ =~
- ^ ACCEPT -Customer Initials: _ ^ DECLINE -Customer Initials:
Initial Term: j~ Years From: To:
Payment Terms (default is annual):
^ Prepayment ^ Annual
. Annual Price:
' Total Price: (See Equipment List for details)
This Addendum may be withdrawn by AT&T if not signed and returned by the Customer within sixty (60) days from
the Date of Submission referred to above.
CITY OF PORT ARTHUR
By:
Name:
Title:
Date:
Steven Fitzgibbons
.. gy.
Name:
City Manager Title:
~.
Date: ~ ~ -
NOTE: This Addendum must always be associated with a MasterAgreement and may not be executed as a standalone
agreement
^-
Attachments: ~~ " ""
1. Statenienis of Work e.g. SOW, SCOW, PIG ^ _ _ ~ ~ ~ - - - -
2. Bill o(Materials for Equipment and Services ^
3. Invoicing Schedule and Payment Terms ^ -
4. Implementation Timeline = ~ ^
., 5. Certifcate of Acceptance ^
6. Other: ( ] ~ ^
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees-of the parties hereto only and is not for _ _
general distribution within or outside their companies.
Addendum_Voice_CPE_Support Services Page 2 0/7 Revision Date 05r78/07 JR8741
AT&T Equipment Solutions -Voice CPE Support Services
• Addendum To Master Agreement
- SCOPE - -
This Addendum covers AT&T's sale of voice customer premise equipment ("CPE" or "Equipment") (under the attached Bill
of Materials, Order or other applicable document), installation and/or maintenance Service for such Equipment to be
provided by ATtiT under the Maintenance Plan identified above (the Maintenance Plan"), and as further described below.
The Equipment is further described in the attached Bill of Materials, Order, SOW, Equipment listing or other applicable
attachment. This Addendum also covers any Orders issued under this Addendum, as well as any additions or
replacement to the Equipment or Service.
2. ATtGT SERVICE AND SERVICE EXCLUSIONS - ~ - _
A. During the term of the Maintenance Plan, AT&T will repair Equipment that malfunctions due to wear and tear resulting" - -~
from normal use in accordance with standard operating instructions. Items excluded from coverage under the ~ ~ -
Maintenance Plan are headsets, portable telephones (cordlesslwireless), ansvuering machines, Customer provided
servers, UPS systems, power conditioners; power supplies (including batteries 'and chargers), infra-building
-distribution cabling, consumables and any Software which is at a revision level not supported by the Software -
licensor. AT&T ddes not remove or recycle batteries.
B. The Maintenance Plan and any andall warranties provided to Customerin this Addendum or the Master Agreement
do not cover malfunctions or detects resulting from abhormal or nonstandard uses or conditions including, but not
limited to, the following types of causes: failure to provide a suitable environment for the Equipment, including
exposure to improper temperature, humidity, chemicals or airborne agents, Customer abuse, misuse or use contrary .
to standard operating instructiohs; improper electrical voltages or currents; power or lightning surges or power
interruption; improper storage or placement of the Equipment; damage caused by unauthorized attachments or
-modification;-use with or interconnection of the Equipment to incompatible electrical or mechanical devices; and the
installation, maintenahce'or disassembly, repair or alteration oithe Equipment by any person other than AT&T, or an
entity expressly approved by AT&T in writing; or Force Majeure occurrences. In such excepted cases, Customer will ,
pay AT&T in accordance with AT&T's then prevailing rates in connection with diagnosing such excepted problems
and for any resulting repairs. (i) Customer is solely responsible for adequately backing up data and ensuring that its
networks/systems are secured against unauthorized intrusion; and (ii) acknowledges that CPE/Software that supports
telephony over Transmission Coritrol Protocol/Internet Protowl (TCP/1P) may experience certain compromises in
~perfonnance, .reliability and security even when performing as warranted and that failure to follow
, manufacturerflicensor recommendations may make such compromises more acute.
C. AT&T's maintenances Service provided under the Maintenance Plan shall include preventive- and remedial
maintenance, as required by the CPE manufacturer's specifications or by AT&T. Replacement parts and products
may be new or equivalent to new in performance, Such parts and products will be furnished on an exchange basis
and the returned parts and products will become the property oT AT&T. AT&T's preventive and remedial
maintenance Service obligations hereunder do not include, and AT&T is not otherwise obligated to provide
replacement parts, software upgrades, software patches, second tier help desk support, or maintenance Service
resulting in CPE functionality which exceeds that expressly provided in manufacturers' or suppliers' specifications at
the time such product was installed (including Year 2000 functionality). ,
D. AT&T'makes no guarantee as to parts availability or technical support for Equipment or Software that has been
discontinued by its manufacturer or reached "end of life" status. In the event replacement parts, software, or support are
not readily available, AT&T shall advise Customer and Customer shall have the option-at AT&T's discretion whether to
replace or upgrade the Equipment orSoftware with a similar product at AT&TS then prevailing rates. ~In the event
Customer declines to authorize such replacement, AT&T shall delete such Equipment from this Addendum and cease
providing Service for such Equipment, and AT&T will issue, if applicable, apro-rata refund for such deletion. Additionally,
Customer agrees to pay any additional charges that may be incurred by AT&T for product support services from the
manufacturer for products that are manufacturer discontinued or have been placed into "end of Irfe" status. '
E. The periodic charges specified herein include all the stated maintenance Service performed at any time in connection
with Emergencies and Non-Emergencies during Normal Business Hours. An °Emergency" is defned as any
malfunction that leaves Customer unable to place or receive calls through the CPE, or any other failure agreed to in
writing by the Parties. '
- CONFlDENTlAL INFORMATION
• This Agreement is (or use by authorized employees o/the paRies hereto only and is not for
general distribution within or outside their companies.
Addendum_VOice_CPE_Support_Services ~ Pege 3 0(7 ~ Revision Date OY78/07 JR8741
AT&T Equipment Solutions -Voice CPE Support Services
Addendum To Master Agreement
F. Service performed outside of Normal Business Hours or outside the scope of the Maintenance Plan (as described in
section 6 below) will be charged on a per occurrence basis billed in fifteen (15) minute increments with a minimum of
two (2) hours at AT&T's then prevailing hourly or premium hourly tale including travel time to and from Customer's
Site. Customer shall also be responsible for travel and living expenses, when required. Provisioning of such Service
shall be at the discretion of AT&T and shall be subject to the availability of personnel and parts, if applicable.
G. In the event AT&T responds to Customer's request for Service and AT&T reasonably determines that the problem
was not caused by the Equipment maintained herein, Customer will be responsible for additional charges for such
response at AT&T's then prevailing rates.
H. ATBT's responsibility with respect to its obligation to provide maintenance Service under this Addendum shall be -
limited to the Customer's side of the CPE residing on the Demarcation Point ("Demarcation Point" is defned as the
point between facilities controlled or owned by the local telephone carrier and those facilities controlled or owned by
Customer). Maintenance Services include maintenance as described herein for: (i) the CPE and/or associated
system software staled herein; and (ii) such other equipment and/or software which is subsequently added to this
Addendum by an Order, attachment or other applicable document. In the event that ATBT responds to Customer's
request for Service and Customer's claim of CPE malfunction is due to problems on the local telephone utility's side
of the Demarcation Poini due to malfunctions in equipment or software other than that covered by this Addendum,
Customer will be responsible for additional charges for such response in accordance with AT&T's then prevailing
rates.
I. AT&T may suspend performance or terminate this Addendum if Customer fails to pay all amounts due by the
applicable due date and such failure is not cured within 10 days of receiving ATBT's notice of non-payment.
3. .SHIPPING AND DELIVERY
A. All shipping, transportation and delivery charges for the Equipment, including expedites, shall be paid by Customer.
AT&T shall use commercially reasonable efforts to deliver the Equipment by the delivery date specified in this
Addendum. Customer may, upon written notice to AT&T no later than ten (10) days prior to delivery, postpone the
delivery, installation or Cutover dales specified in this Addendum one (1) time.
B. Such postponement shall not exceed thirty (30) days from the originally scheduled delivery, installation or Cutover -
dates and is subject to price changes.
4.~ INSTALLATION AND CUTOVER
In the event AT&T connects the Equipment or installs the Software on such Customer owned equipment, AT&T shall not
be liable for any damage to such Customer owned equipment, unless due to AT&T's sole negligence. AT&T shall use
commercially reasonable efforts to complete installation and Cutover of the Equipment by the dates specified in this
Addendum. Cutover shall be deemed accomplished upon connection. to the telephone network to place and receive calls.
Cutover of Equipment that is not dependent on the telephone network will occur when the Equipment is operational.
5. WARRANTY
A. Unless otherwise provided within Bill of Materials, Statement of Work or other attachment, the "Warranty Period" for
Equipment shall be twelve (12) months (and in the case of AT&T-provided Software related to the Equipment, ninety
(90) days (or such longer period provided by AT&T's applicable Software licensor)) from the date of delivery to the
carrier for shipment, or from the dale of installation when ATBT provides installation (or from such other date as
determined by the applicable EquipmenUSoftware manufacturerAicensor). AT&T warrants that during the Warranty
Period, the CPE/Software shall materially wnform to the manufacturer's/licensor's published specifications. If
Customer notifies AT&T of a maledal defect during the Warranty Period, AT&T shall, at AT&T's sole option, repair or
replace the EquipmenUSoftwaFe, free of charge to Customer. AT&T's repair or replacement of CPE/Software shall be
Customer's sole remedy for breach of the warranty as stated herein. All warranty Services will' be performed
during Normal Business Hours (8:00 AM - 5:00 PM local time) unless the Customer has purchased Complete
level of Warranty service (as described in. section 6 below) at the time of initial purchase. All warranty
Services performed outside of Normal Business Hours will be charged on a per occurrence basis billed in fifteen (15)
minute increments with a minimum of two (2) hours at ATBT's then prevailing hourly or premium houdy rate including
travel time to and from Customer's Site.
B. During the Warranty Period, any change in the location of CPE must be performed by AT&T and shall be at
Customer's expense.
C. Customer may request warranty Service twenty-four (24) hours a day, seven (7) days a week,by calling AT&T. If
Customer's problem is an Emergency, AT&T will use reasonable commercial efforts to respond to Customer's report
of a malfunction by beginning remote diagnosis, as appropriate within two (2) business hours for PBX systems and
four (4) business hours for key, hybrid or any other system, and will complete the appropriate repairs as soon as
reasonably practical. Remote diagnostics require customer provided access line and remote access device on
all covered equipment with capabilities.
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for
general distribution within or outside their companies.'
Addendum_Voice_CPE_Supporl_Services Page 4 0/7 ~ Revision Date 05'18/07 JR8741
ATBT Equipment Solutions -Voice CPE Support Services
Addendum To Master Agreement
D. In the event the problem is anon-Emergency, ATBT shall use reasonable commercial efforts to respond to
Customer's report of a malfunction by beginning remote diagnosis, as appropriate, within eight (8) business hours
and will complete the appropriate repairs as soon as reasonably practical. ATBT will arrange to replace detective
telephone sets and cords by shipping replacements to the customers site, Customer must return the defective
equipment within ten (10) days or ATBT shall invoice Customer for the full replacement cost. ATBT reserves the right
to inspect all defective equipment and ATBT shall have final determination of the status of such equipment.
6. ATBT MAINTENANCE SERVICE DESCRIPTIONS
A. ATBT Voice CPE Maintenance Services -Complete. Customer may request maintenance Service twenty-Tour
(24) hours a day, seven (7) days a week by calling ATBT. If Customers problem is an Emergency, ATBT will use
reasonable commercial efforts to respond to Customer's report of a malfunction by beginning remote diagnosis, as
appropriate, within two (2) hours for PBX systems and four (4) hours for key, hybrid or any other system, and will
complete the appropriate repairs as soon as reasonably practical; Remote diagnostics require customer provided
access line and remote access device on all covered equipment with capabilities. In the event the problem is a
non-Emergency, ATBT shall use reasonable commercial efforts to respond to Customer's report of a malfunction by
beginning remote diagnosis, as appropriate, within eight (8) business hours and will complete the appropriate repairs
as soon as reasonably practical. ATBT will arrange to replace defective telephone sets and cords by shipping
replacements to the customers site., Customer must return the defective equipment within ten (10) days or ATBT
shall invoice Customer "for the full replacement cost. ATBT reserves the right to inspect all defective equipment and
shall have final determination of the status of such equipment.
8. ATBT Voice CPE Maintenance Services -Essential. Customer may request maintenance Service twenty-four
(24) hours a day, seven (7) days a week by calling ATBT. If Customer's. problem is an Emergency, ATBT will use
reasonable commercial efforts to respond to Customers report of a malfunction by beginning remote diagnosis, as
appropriate within two (2) business hours for PBX systems.and.four (4) business hours for key, hybrid or any other
system, and will complete the appropriate repairs as soon as reasonably practical. Remote diagnostics require
customer provided access line and remote access device on all covered equipment with capabilities. In the
event the problem is anon-Emergency, ATBT shall use reasonable commercial efforts to respond to Customers
report of a malfunction by beginning remote diagnosis, as appropriate, within eight (8) business hours, and will
complete the appropriate repairs as soon as reasonably practical. ATBT will arrange to replace defective telephone
sets and cords by shipping replacements to the customer's site. Customer must retum the defective equipment within
ten (10) days or ATBT shall invoice Customer for the full replacement cost: ATBT reserves the right to inspect all
defective equipment and ATBT shall have final determination of the status of such equipment. "Business hours'
refers to services performed during Normal Business Hours. Any Services performed outside of the Normal Business
Hours shall be performed within mutually agreed to lime periods.
C. -ATBT Voice CPE Maintenance Services =Dedicated. (i) ATBT will provide technician, Customer Service
Representative, Project Manager, or other agreed upon resource(s) as set forth herein or within an associated
Statement of Work, on an annual basis to perform installation, maintenance, and/or move, add or change activities.
(ii) ATBT shall, at~its sole discretion, assign either a qualified ATBT employee or contractor ("Resource') or a
combination of both to provide Services to Customer during Normal Business Hours. (iii) Each Resource will -be
granted lime off for lunch and breaks as mandated by any labor agreement, Federal, Stale, County or City laws [hat
are applicable. Customer must provide adequate office facilities/quarters/storage for Resource to administer daily
responsibilities. (iv) Customer may also purchase optional replacement parts coverage associated with Dedicated.
(v) Customer may request maintenance Service twenty-four (24) hours a day, seven (7) days a week by calling
ATBT. If Customer's problem is an Emergency, ATBT will use reasonable commercial efforts to respond to '
Customer's report of a malfunction by beginning remote diagnosis, as appropriate within two (2) business hdurs for
PBX systems and four (4) business hours for key, hybrid or any other system; and will complete the appropriate
repairs as soon as reasonably practical. Remote diagnostics require customer provided access line and remote
access device on all coveredequipment with capabilities. Any Services performed outside of the Normal
Business Hours shall be performed within mutually agreed to lime periods.
D. ATBT Voice CPE Maintenance Services -- Custom. Custom provided maintenance shall include the Services as
agreed to by Parties as described in the document.
7. OPTIONAL ATBT VOICE CPE SUPPORT SERVICE PLAN DESCRIPTIONS
A. Contact Center Software Support Services Option:
If selected on page 2 above, Customer elects to purchase ATBT Software Support Services as additional support to
CONFIDENTIAL INFORMATION
This Agreement is for use by authorized employees of the parties hereto only and is not for
general distribution within or outside their companies.
Addendum_VOice_CPE_Support_Services Page 5 017 Revision Date 0518/07 JR8741
AT&T Equipment Solutions - VoiceCPE Support Services
Addendum-To Master Agreement
the selected maintenance plan. The additional support is described below:
(i) AT&T's software support services may include preventive and/or remedial maintenance, as required by AT&T or
its supplier. The software support services may also include technical telephone consultation and diagnostic
assistance, problem origination and expedite resolution. Software support services are typically performed
remotely. AT&T may provide on-site support services as ATBT deems necessary. AT&T's preventive and
remedial software support services obligation Hereunder do not include, and ~ is not otherwise obligated to
provide software releases, updates, upgrades or maintenance service resulting in Contact Center Software
functionality which exceeds that expressly-provided in AT&T's or its suppliers' specifications at the time such
Software was installed (including Year 2000 functionality). Any software which is at a revision level not supported
by the software licensor will be excluded from coverage.
(a) Contact Center Software Support Services -Complete. This service option is available with the AT&T
Voice CPE Support Services -Complete Maintenance Plan. Customer may request software support service
- twenty-four (24) hours a day, seven (7) days a week by calling AT&T. If Customers problem is Severity
Level 1 (as described herein), AT&T shall, within two (2) hours after Customers notification is logged in al
AT&T's Data Services Customer Care Center (DSCC), commence error correction activity from a remote
location. In the event AT&T does not respond within two (2) hours fo Customers Severity Level 1 (as
described herein), the problem will be escalated. If Customer's problem is a Severity Level 2 or 3 (as
- described herein), AT&T shall use reasonable efforts, within eight (B) business hours after Customer's
problem is logged in by the DSCC, to commence error correction activity from a remote location.
(b) Contact Center Software SuppoR Services -Essential. This service option is available with the AT&T
Voice CPE Support Services -Essential Maintenance Plan. Customer may requestmaintenance service
twenty-four (24) hours a day, seven (7) days a week by calling AT&T. If Customer's problem is Severity
Level 1 (as described herein), AT&T shall, within two (2) business hours after Customer's notification is
logged in at AT&T's DSCC commence error correction activity, from a remote location. In the event ATBT
does not respond within two (2) business hours, during AT&T's Normal Business Day, to Customer's
Severity Level 1 (as described herein), the problem will be escalated. If Customer's problem is a Severity
Level 2 or 3 (as described herein), AT&T shall use reasonable efforts, within eight (8) business hours, after
Customer s problem is logged in by the-DSCC, to commence error correction activity from a remote location,
during AT&T's Normal Business Day:
Severity Levels Defined
(a) Severitv Level 1. Application is inoperative; inability to use application materially impacts Customer's
operations. If a bypass procedure is not utilized; AT&T will continue error correction activity according to
.selected maintenance plan or optionally, on a time and materials basis. In addition, AT&T shall provide
verbal status reports on Severity Level 1 errors at intervals of no less than twice per day to designated
Customer support representative, until a-bypass is found.
(b) Severitv Level 2. Application is usable with limited functions. Error condition is not critical to continuing
operation. Customer or AT&T has determined the method of work around for the error condition.
(c) Severity Level 3. Application is usable, but a minor problem exists
B. Software Release Subscription Services Option (Applies only to specific Nortel products). Customer elects to
purchase Software Release Subscription Services as described below:
(i) Software Release does not include maintenance coverage on Customers CPE. Maintenance coverage
must be purchased separately.
(ii) Software Release Subscription (SRS) provides entitlement to new General Announcement (GA) releases of
software as approved for use by AT&T for specified Nortel Networks Enterprise Systems (Nortel) at a fixed price.
SRS is anon-transferable, non-refundable contracted service offering, which provides customers access to
future major and minor software releases, "like-for-like" with existing customer owned software for the term of the.
SRS Service Plan. Hardware, labor or maintenance costs associated with any upgrades are not covered and
any licenses/software that are added during the term of the SRS Service Plan will incur additional charges. In
accordance with this agreement, all system hardware, upgrades, software upgrades, Moves, Adds,
Changes, and repairs must be performed by AT&T. Failure to adhere to this policy will result in additional
charges or cancellation.oilhis agreement.
(iii) ATBT makes no guarantees as to the number of new software releases that will be released by the
manufacturer for the term of the SRS Service Plan. Once AT&T has approved a new software release tar
general availability, the cuslomer~may notify their Sales Representative of their desire to upgrade. Failure to
CONFlDENTlAL INFORMATION.
This Agreement is /or~use by authorized employees bf the paRies hereto only and is not for
general disMbution within or outside fheir companies.
Addendum_Voice_CPE_Support Services Page 6 0(7 Revision Date OS~1R/07 JR8747
ATBT Equipment Solutions -Voice CPE Support Services
Addendum To Master Agreement
upgrade to the latest software release may result in incompatibility with new or existing applications. Additional
charges will be incurred to upgrade if software level is not kept at the current level.
(iv) ATBT is not otherwise. obligated to provide software release information, updates, upgrades or maintenance
service resulting in Software functionality which exceeds that expressly provided in ATBT's or its suppliers'
specifications at the lime such Software was installed (including Year 2000 frnctionality). Section 3.9, of the
Master Agreement (Warranties; Disclaimer of other Warranties) applies to any software subscription by
Customer under this Section.
8. AGENCY
During the term of this Addendum, Customer will not permit any other person to maintain, repair or modify the CPE or to
connect any other equipment. To the extent necessary for ATBT to perform its .Services under this Addendum, Customer
agrees that ATBT will be Customer's Site agent to represent Customer in any dealings with any telephone company or
government agency with respect to CPE maintenance provided hereunder. Customer assumes all -ongoing responsibility
of directory listings, credit cards, system security, billing arrangements and other items not related to Equipment or
Services provided- by ATBT unless expressly stated dthenvise under this Addendum or some other express written
agreement between Customer and ATBT. -
9. CHANGE IN EQUIPMENT
ATBT will have the right and oplion~of conducting periodic equipment reviews for additions and/or deletions which may
have occurredand all service pricing shall be adjusted accordingly. Imthe event Customer elects to terminate portion(s)
or reduce the grade of the maintenance Services provided hereunder, Customer shall be liable for fifty percent (50%) of
the fees for the terminated or reduced.portion of the maintenance for the remainder of the term di this Addendum plus any
non-recoverable costs including, but not limited to, those amounts paid or due and payable to third parties as incurred by
ATBT directly in connection with the provisioning of-such Equipment and Services for Customer.
10. RENEWAL
Unless terminated by either Party upon at least thirty (30) days written notice prior to expiration of the then existing Term,
and to avoid Service interruption, the then current Term of any services included in this Addendum shall automatically
extend for consecutive one (1) year Term(s) at ATBT's then current pricing for such Services. Upon extension of any
Maintenance or Service Plan, the services provided by ATBT shall remain unchanged (except with respect to pricing)
unless both Parties agree in writing to any changes at the time of extension. ATBT may only increase the price of the
Maintenance or Service Plans provided herein at: (i) the expiration of the initial term; (ii) commencement of any
subsequent extension term; or (iii) the time Equipmentis changed, upgraded or added to this Addendum. ATBT will
provide Customer with a 30 day notice of such increases.
11. ATBT CAPITAL SERVICES ("ATBT-CS") FINANCING OPTION
[Individual's initials on behalf of Customer] <
Customer elects to finance .the Total Purchase Price through ATBT-CS. Customer hereby requests that ATBT invoice
ATBT-CS and arrange for payment as described below:
ATBT will invoice Customer in care of ATBT-CS for 100% of the Total Purchase Price upon Cutover (as defined in the
Agreement) and the invoice shall be paid promptly after its delivery to ATBT-CS, provided that all required lease
documentation has been properly executed and receivedby ATBT-C S. If all lease documentation is not executed and
received by ATBT-CS Customer agrees and will pay the Total Purchase Price to ATBT upon receipt of an invoice.
END OF DOCUMENT
r
CONFIDENTIAL INFORMATION ~ .
This Agreement is /or use by authorized employees of the p'aRies hereto only and is not /or
general distribution within or outside !heir companies.
Addendum_VOice_CPE Support Services Page 7 0/ 7 ~ Revision Date OY18/07 JR8741