HomeMy WebLinkAboutP-20-253 Cameo OCX Agreement.pdfNew Era Service Agreement (CSA) for OutboundCX
Software
Quote Number 52167_v1
In Support of Original Quote
Contract Number: 2805506911
Expires: May 31, 2020
Quote Valid for 60 days from Issuance of May 22, 2020
THE COUNTY OF FRESNO
OutboundCX Support – 3 Years
| 5-22-2020 Prepared by New Era Technology
P-P
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9078 Union Centre #200, West Chester OH 45069 New Era OCX CSA Renewal - v2.2 - Page 2
1.Renewal Pricing – End User
This proposal is for OutboundCX support via our New Era Technology Support Center. If support
is currently in good standing, this pricing reflects a discount of 9% off the list price.
OCX Application Maintenance:
Pre-Paid Three Year $10,936
OCX Port Maintenance:
Pre-Paid Three Year $12,420 (60 Ports Per Year)
Pre Paid Three Year Total $23,356
•Payment terms are Net 30 days, 1.5% credit for Net 25, 1.5% fee after 35 days.
•Please note that contracts in excess of 90 days of expiration do not qualify for no -charge
software upgrades.
•Contracts in excess of 90 days of expiration require full payment prior to the
resumption of services.
The contract is in support of the original system purchased via a partner
representing The County of Fresno4.
2.Overview
This proposal (including Appendix A) describes work and services to be provided by New Era (New Era) to
Customer through the New Era Support Center (CSC). It outlines the responsibilities of New Era personnel,
the responsibilities of the customer and the overall success criteria. This Agreement is for a one, two or three
year term, depending on customer selection.
3.Summary – New Era Support Center
New Era Support Center (CSC) is a group of professional people, processes and resources that provide
operational support for our OCX application. The CSC is based on New Era and industry best practices, and
allows customers to focus on the core competencies of their business while New Era supports the products,
services or applications it has deployed.
In a non-managed configuration (no remote monitoring), CSC provides incident remediation in support of
the New Era OCX. This service is designed to provide ongoing maintenance and support as an augmentation
to your team’s normal monitoring and Day-2 support. The service is not designed as a “project” based
resource for adding additional functionality. The CSC is not responsible for incidents created by moves,
adds, changes, or deletions (‘MACD’) made by Customer or third-parties to the supported product and
environment. However, changes made in good faith to the environment by customer or third-parties will not
invalidate this agreement and New Era will make reasonable attempts to assist in the event that customer
activities impact the application.
This support agreement is not intended to be used for routine administrative MACD work.
4.New Era Support Center– Support Process
5.Support and Response
•The Customer will create incident tickets for service impacting incidents through our CSC web
or phone portals. The CSC Help Desk engineers assigned to the incident will manage the
response and solution to its conclusion.
•The SLA of such responses is defined in Section 2 below. In general, tickets are assigned a level
of 1 through 4, with Severity 1 being most critical, while Severity 4 being informational.
•The initial technicians and/or engineers will escalate the issue as appropriate to their relative
skills and the criticality of the incident.
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6.Alert/Event Response
•The CSC Help Desk engineers initially assigned to the incident will manage the response and
solution to its conclusion, utilizing escalations as appropriate.
•Critical Alert Response (Severity 1) – Critical Alert conditions are defined as a condition in
which the software has completely ceased functioning, and is critically impacting the
Customer business operation. The status of the Customer business environment during a
Critical Alert condition is considered to be inoperable. The engineer will access the network
through the Customer provided VPN process to facilitate remediation and restore service.
Customer may be required to provide personnel at the Customer site to assist the CSC
engineers with remediation procedures. Upon notification, CSC engineers will begin
incident remediation for Severity 1 Alert conditions within the boundaries of the contracted
SLA. A Severity 1 level requires the customer and systems to be fully available for New Era
Technology or assistance in problem resolution.
•Severe Alert Response (Severity 2) – Severe Alert conditions are defined as a condition in
which the software is operational, but is providing significantly degraded performance such
that the operation of the Customer business environment is severely impacted. The status
of the customer business environment during a Severity 2 Alert condition is considered to
be operational. The engineer will access the network through the Customer provided VPN
process to facilitate remediation and restore service. Customer may be required to provide
personnel at the Customer site to assist the CSC engineers with remediation procedures.
Upon notification, CSC engineers will begin incident remediation for Severity 2 conditions
within the boundaries provided by the contracted SLA.
•Minor Alert Response (Severity 3) – Minor Alert conditions are defined as a condition in which
the software is operational, but is providing less than optimal performance. The status of the
Customer business environment during a Severity 3 Minor Alert is considered to be
operational but overall voice or system performance is being impacted. The engineer will
access the network through the Customer provided VPN process to facilitate remediation
and restore service. Customer may be required to provide personnel at the Customer site
to assist the CSC engineers with remediation procedures. Upon notification, CSC engineers
will begin incident remediation for Severity 3 Minor Alert conditions within the boundaries
of the contracted SLA.
•Customer Request Response (Severity 4) – Customer Request Responses occur when
information or specific assistance is requested by Customer, and there are no current
significant operational issues that are impacting the Customer’s business function. The
status of the Customer business environment during a Severity 4 Customer Request
Response is considered to be operational. New Era will commit resources as available to
resolve these issues during normal business hours and on a best effort basis.
•New Era shall use reasonable commercial efforts to solve or create a workaround of the
Problem. However, New Era does not warrant that such solution/workaround will be
finalized within any particular timeframes or that the Problem will be possible to solve.
Priority Response Time
(Defect Correction and Problem
Solution)
Rectification Time
(only for Defect Correction)
Severity 1 2 Business Hours* 16 Business Hours*
Severity 2 4 Business Hours* 5 Business Days*
Severity 3 8 Business Hours* 60 Business Days*
Severity 4 8 Business Hours* -no commitment to rectify
* Within the normal business hours portion as stated herein
7.New Era Support Center Access
•The Customer with an active support contract can open a ticket at
https://neweratech.deskdirector.com. A support ticket is required for the New Era
Support Center to assist you. Once engaged, our CSC personnel will perform basic
troubleshooting of your incident. The assigned engineer will engage or enlist other
engineers and Subject Matter Experts, as required, in order to resolve the incident in an
efficient manner.
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8.Documentation Storage and Updates
•New Era will provide device configuration documentation storage, as appropriate, to the
devices under contract. If the Customer has New Era perform non OCX modifications, New
Era support engineers will be responsible for obtaining “new” device configurations. If the
Customer modifies the device, the Customer will be responsible for providing the latest
device configuration or contacting New Era and requesting a device configuration capture.
The additional device configuration capture will be out of scope of this agreement and will
be billed according to “Appendix A”.
9.Corrective Actions
•New Era technical resources will provide proper corrective actions to resolve an incident
directly related to an error or bug in the product. Corrective action is herein described as
services needed to correct an existing failure or outage. By opening a ticket, Customer is
giving New Era permission to troubleshoot and make business appropriate changes to the
system and OCX operating environment.
•New Era personnel will notify customer personnel if corrective actions may temporarily
interrupt service.
10.Reports and Status Updates
•Via the support portal, the Customer is provided with a summary of all incidents and detailed
notes of open and closed cases.
•Remediation and restoration will be communicated to authorized Customer personnel via
email or telephone in the event of email outages. Any ongoing network conditions will be
accompanied by proper follow-up to authorized personnel.
11.Subscription for New Versions
•If Customer has purchased and kept an annual New Era OCX support contract without
significant interruption, Customer is entitled to receive all new Versions of the New Era OCX
for which such contract has been purchased, at the time of such release, during the term of
such a contract. The contract fee for new Versions is stated in the Price List and the
subscription only covers the New Era Products for which the contract fee has been paid. The
contract for Versions does not include the training, installation, integration and
configuration of the Versions, which can be purchased separately from New Era as
Professional Services. Unless the Customer maintains the contract on a continual basis, new
Versions shall be subject to payment in accordance with the Price List.
12.Customer Responsibilities
13.Security and Performance
•To insure security, an “authorized list” of personnel must be provided by the Customer of those
persons that are authorized to initiate service, documentation or change requests. These
authorized persons may obtain a current copy of their documentation from the CSC by faxing
a letter, on company letterhead, with an authorized signature to our CSC.
•Customer will designate a primary and secondary contact that shall be responsible for directing
and receiving all performance related inquiries to/from New Era. Customer is solely
responsible for providing New Era accurate and current contact information for customer's
representatives.
•Customer will comply with all applicable laws, codes, ordinances and regulations.
•Customer will maintain appropriate control over login/password, security phrases and other
authentication credentials.
•Customer will provide New Era device IP addresses and administrative, usernames, and
passwords.
14.Configuration Changes
•Other than routine MACD processes, Customer is required to inform New Era CSC of all
configuration changes performed on the system(s) by Customer or Customer authorized
third parties. Customer is responsible for updating documentation and providing
documentation updates to New Era. These updates will then be reflected in the
documentation repository.
•Moves, additions, changes, and deletions, are not part of this agreement. This agreement
provides discounted New Era rates. These rates are defined in Appendix C. All MACD work
that would necessitate New Era involvement needs to be scheduled. When possible, New
Era will perform moves, additions, and changes within 4 to 8 hours. However, New Era
reserves the right to determine scheduling timelines based on difficulty of the request to
ensure proper delivery.
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15.Environment
•Customer must provide the proper equipment environment, electrical connections and
telecommunications connections, as specified by New Era and the applicable equipment
manufacturer(s).
•Customer must provide access to any equipment, as required by New Era, to perform the
contracted services.
16.General Requirements
•Customer will follow all of New Era's and the applicable equipment manufacturer's
installation, operation and maintenance instructions.
•Customer will maintain an active hardware maintenance and software subscription service for
all applicable software.
17.Exceptions
Any support services delivered to Customer that are not defined in this document, or attachments to this
document, will be billed per the standard New Era Service Exception policy described in Appendix A. All
such services will be defined in writing by New Era Engineering personnel and the resulting document must
be reviewed and signed by an authorized representative of Customer before any services will be rendered.
This can be accomplished via electronic communication such as email or fax.
18.Contract Management
After execution of the New Era Service Agreement, any changes in scope, solution deliverables or solution
responsibilities will be implemented through contract addendums. Customer will submit all requested
changes in writing to their New Era Project Manager or sales representative. New Era will then provide a
Change Management Service specification detailing the changes in scope, solution deliverables or solution
responsibilities. This Change Management Service proposal will also detail any modifications to
implementation time and cost. Authorized representatives from Customer and New Era will then sign off
on the changes before modification of the overall New Era Service Agreement will take effect.
19.Service Date and Term
Service Date
The service date is the date New Era makes the services available to Customer. The term of this contract is
outlined will begin at the date of invoice or payment, depending on whether the contract has expired. Delays
by Customer or its affiliates (defined as, third parties, representative, invitees, licensees, vendors, or the
like) shall not relieve Customer of its responsibilities under this agreement. The term of this contract will
start at first billing and will terminate at the end of the applicable term.
Service Term
Services and the related charges shall begin on the service date and shall continue throughout the service
term as stated in this document. Customer agrees to pay New Era for any work performed by New Era and
determined to be outside the scope of this document.
Service Hours
Work is undertaken during normal New Era business hours, which are Monday through Friday, 7:00am –
7:00pm EST, excluding normal New Era holidays (for example, New Year's Day, Memorial Day, Fourth of
July, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day).
If services are being performed and cannot be completed during normal business hours, the service will be
resumed during the next following normal business hour. Alternatively, Customer may request that service
be continued without interruption in which case, subject to approval, service will be continued and
Customer will pay appropriate All Other Hours charge.
If initiated by a confirmed verbal request, a Customer initiated email, purchase order, or signed statement
of work, service may, at our option, be performed outside of the Normal Business hours at mutually agreed
time periods and at the applicable premium hourly rates. For onsite work, Customer shall be responsible
for any time spent in transit or onsite waiting for access or information from the Customer.
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•Payment – After hours work completed by request (confirmed verbal, email, PO, or
signed Statement of Work) will be billed at the applicable Time and Material rate with
all applicable minimums applied. Payment terms are Net 30 days, 1.5% credit for Net
25, 1.5% fee after 35 days.
20.Termination of Agreement
Termination at end of Term and Renewal
Forty five days prior to expiration, Customer will be notified via email of the pending termination. Customer
is under no obligation to continue support, however, discount are applied for continuing coverage and
length of the pre-paid term. Also please note that upgrade protection is forfeited if the contract lapses past
90 days. The cost and terms of the next support period will be provided at the time of renewal notice.
Termination by Customer for Cause
Customer may cancel this agreement at any time for Cause. Prior to terminating this agreement for Cause,
Customer will provide written notice of the claimed Cause. Such written notice shall describe with
reasonable particularity the nature of the Cause for termination and afford New Era fifteen (15) days to cure
such Cause. Termination for Cause will result in a prorated refund of the yearly cost paid minus an
administrative fee of 20%. All resulting monies due New Era will be paid prior to termination of contract.
21.Authorization
Customer acknowledges that this CSA has been read and the terms outlined within have been accepted. The
Customer also is aware that any delays incurred because of any of the reasons listed in the Customer
Responsibilities section is considered billable time. Any questions concerning New Era responsibilities and the
work to be done should be directed to the New Era Account Representative.
Signature by a Customer representative of this document will authorize and enable New Era Technology to begin
the work described in this Agreement.
22.New Era Contact Information:
WEB:
Contract Number: 2805506911
https://neweratech.deskdirector.com
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23.Appendix A - New Era Support Center- Scope Exception Charges and Descriptions
These charges shall apply to work performed for request which has not been contracted and are outside the New Era Support
Center contract. Any such additional services must be requested and authorized and will be performed at the discretion of New
Era Technology. Pricing for these services will be based on the following hourly charges:
CSC Customer Preferred Rates Scheduled *
Description
Normal
Business
Hours
All
Other
Hours
Advanced Voice Technologies - WFM, QM, Social Miner, Voice Security,
UCCX and IVR Scripting
$185/hr $250/hr
On-Site User Support $205/hr $295/hr
Out of Scope OCX (SM, CCD) $170/hr $250/hr
1.Remote Support
Applies to work performed for the Customer remotely and will be billed a minimum of two (2) hours.
2.On-Site Support
Applies to work performed at the Customers site. Customer will be billed a minimum of eight (8) hours. Additionally, if
travel and lodging expenses are incurred, those charges will be billed to the Customer.
3.Normal Business Hours
•Work is undertaken during normal New Era business hours, which are Monday through Friday, 7:00am – 7:00pm
EST, excluding normal New Era holidays (for example, New Year's Day, Martin Luther King Jr Day, Memorial
Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christ mas Day). Service
performed outside of the Normal Business hours will be performed at mutually agreed time periods and at the
applicable premium hourly rate. Customer shall be responsible for any time spent in transit or on site waiting
for access or information from the Customer.
•If services are being performed and cannot be completed during normal business hours, the service will be resumed
during the next following normal business hour. Alternatively, Customer may request that service be continued
without interruption in which case, subject to approval, service will be continued and Customer will pay
appropriate All Other Hours charge.
•Payment – After hours work completed by request (confirmed verbal, email, PO, or signed Statement of Work) will
be billed at the applicable Time and Material rate with all applicable minimums applied. Payment terms are Net
30 days, 1.5% credit for Net 25, 1.5% fee after 35 days.
4.Travel and Lodging Expenses
•Travel and lodging expenses will be charged separately and billed without mark-up and must be approved by
customer in advance.
•Scheduled activities are any prearranged events that are scheduled three (3) or more business days in advance or
occurrence. Non-scheduled activities are any events that were not scheduled more than 3 days in advance of
occurrence.
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