AMENDMENT NO. 5 TO MASTER SERVICESAGREEMENT
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
AMENDMENT NO. 5 TO
MASTER SERVICESAGREEMENT
This Amendment No. 5 (this "Amendment") to the Master Services Agreement dated August 1, 2009 (the "Agreement") is hereby entered into as of January 17, 2014 and effective January 1, 2014 by and between Symetra Life Insurance Company, a Washington corporation (including its successors and permitted assigns, "Symetra"), and Xerox Business Services, LLC (formerly Affiliated Computer Services, Inc.), a Delaware corporation (including its successors and permitted assigns, "Xerox"). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.
WHEREAS, the parties hereto desire to amend the Agreement in the manner set forth in this Amendment.
NOW THEREFORE, in consideration of the representations, warranties, promises and covenants contained herein, and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, the Parties, intending to be legally bound, agree to the foregoing and as follows:
1. | Amendment to Schedule 5, Table 1: SLAs and SLRs and Weighting Factors as of the Restatement Date. Schedule 5, Table 1: SLAs and SLRs and Weighting Factors as of the Restatement Date is hereby renamed and replaced in its entirety with the attached Table 1: SLAs and SLRs and Weighting Factors. |
[Signature Page Follows]
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year first above written.
SYMETRA LIFE INSURANCE COMPANY
By: /s/ Xxx Xxxx
Title: Vice President
Date: _17 January 2014_________
XEROX BUSINESS SERVICES, LLC
By: /s/ Xxx Xxxxxx
Title: Xerox SBU Executive
Date: __17 January 2014___
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
Table 1: SLAs and SLRs and Weighting Factors
SLA # | Service Level Agreement | Performance Requirement | SLR | Weighting Factor % | Compound SLA* |
Schedule 2F Help Desk | |||||
Help Desk Responsiveness | |||||
2F1 | Speed-to-Answer | [***] | [***]% | [***]% | |
2F2 | Call abandonment rate | [***] | [***]% | [***]% | |
2F3 | Email response rate | [***] | [***]% | [***]% | |
2F4 | Voicemail response rate | [***] | [***]% | [***]% | |
Incident Resolution | |||||
2F10 | First Contact Resolution of resolvable Incidents | [***] | [***]% | [***]% | |
2F11 | Incident closure notice (via e-mail and/or phone) | [***] | [***]% | [***]% | |
Schedule 2C Distributed Computing | |||||
Install, Moves, Adds and Changes – Workstations Peripherals, and Distributed Servers | |||||
2C1 | 1-10 in a single request for new equipment or Software | [***] | [***]% | [***]% | |
2C2 | 1-10 in a single request for new equipment or Software | [***] | [***]% | [***]% | |
2C3 | Urgent request or more than 10 in a single request or new remote server | [***] | [***]% | [***]% | |
Software Installation | |||||
2C10 | Desktop/laptop remote server core image (e.g., OS, service packs, non-critical security patches) and other business Software, (e.g., Adobe Writer, Java, MS Project, Email Archive) in accordance with Symetra policies. | [***] | [***]% | [***]% | |
Schedule 2B Data Center | |||||
System Availability | |||||
2B1 | System availability – production systems | [***] | [***]% | [***]% | |
2B2 | System availability – non- production systems | [***] | [***]% | [***]% |
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
SLA # | Service Level Agreement | Performance Requirement | SLR | Weighting Factor % | Compound SLA* |
Batch Processing *** | |||||
2B10 | Scheduled production batch- marker jobs | Per scheduled time | [***]% | [***]% | |
2B11 | Scheduled production batch-all other batch jobs | Per scheduled time | [***]% | [***]% | |
2B12 | Month end production batch | Complete jobs per Symetra's approved schedule | [***]% | [***]% | |
2B13 | Demand production batch | [***] | [***]% | [***]% | |
General Administrative Functions | |||||
2B20 | Setup or modify job scheduler definition and dependencies | [***] | [***]% | [***]% | |
2B21 | One-time schedule change for existing scheduled jobs | [***] | [***]% | [***]% | |
Mid-Range and Mainframe System Administration | |||||
2B30 | Notification of sustained average daily CPU utilization | [***] | [***]% | [***]% | |
2B31 | Storage administration requests (e.g., allocate additional storage resources; administration requests for work packs, pools, etc.) per Symetra's approval | [***] | [***]% | [***]% | |
2B32-1 | Capacity/performance trend analysis and reporting | [***] | [***]% | [***]% | X |
2B32-2 | Capacity/performance trend analysis and reporting | [***] | [***]% | [***]% | X |
Database Administration | |||||
2B40-1 | Instance creation and refresh | [***] | [***]% | [***]% | X |
2B40-2 | |||||
[***] | |||||
2B41-1 | Create user ID, grants, revokes, create table-space, other data definition requests | [***] | [***]% | [***]% | X |
2B41-2 | [***] | ||||
2B41-3 | [***] | ||||
2B42 | Schema changes and stored procedures | [***] | [***]% | [***]% | |
2B43 | Delivery of Symetra database documentation, audit and performance/capacity reports | [***] | [***]% | [***]% | |
Schedule 2D Data Network Services | |||||
Network Availability |
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
SLA # | Service Level Agreement | Performance Requirement | SLR | Weighting Factor % | Compound SLA* |
2D1 | End-to-end availability - critical locations | [***] | [***]% | [***]% | |
2D2 | Remote office availability | [***] | [***]% | [***]% | |
2D3 | Internet access availability | [***] | [***]% | [***]% | |
2D4 | LAN availability for offices with LAN switch services | [***] | [***]% | [***]% | |
Network Administration Services | |||||
2D10 | Data network service reporting per Symetra requirements | [***] | [***]% | [***]% | |
2D11 | Implementation of firewall changes related to changing, adding/deleting firewall rules. | [***] | [***]% | [***]% | X |
Security Intrusion Detection | |||||
2D20 | Notify Symetra of any NIDs and HIDs related events | [***] | [***]% | [***]% | |
Security Penetration Services | |||||
2D30 | Deliver remediation plan that addresses identified penetration testing vulnerabilities | [***] | [***]% | [***]% | |
Schedule 2E Voice Services | |||||
Telephony Communications Service Availability | |||||
2E1 | Overall voice Services | [***] | [***]% | [***]% | |
IMACs | |||||
2E10 | Symetra headquarters IMACs (1-5 requests) | [***] | [***]% | [***]% | |
2E11 | Symetra headquarters IMACs (6+ requests) | [***] | [***]% | [***]% | |
2E12 | Remote location IMACs | [***] | [***]% | [***]% | |
Schedule 2A Cross Functional | |||||
Incident Resolution | |||||
2A1 | Priority Level 1 | [***] | [***]% | [***]% | |
2A2 | Priority Level 2 | [***] | [***]% | [***]% | |
2A3 | Priority Xxxxx 0 | [***] | [***]% | [***]% |
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
SLA # | Service Level Agreement | Performance Requirement | SLR | Weighting Factor % | Compound SLA* |
2A4 | Priority Level 4 | [***] | [***]% | [***]% | |
2A5 | Root Cause Analysis for Priority Xxxxx 0 and Priority Level 2 Incidents | [***] | [***]% | [***]% | |
Backup and Restore ** | |||||
2A10 | Execute and complete incremental or differential daily backups | Time to execute and complete backup | [***]% | [***]% | |
2A11 | Execute and complete differential or full weekly backups | Time to execute and complete backup | [***]% | [***]% | |
2A12 | Execute and complete verify full/archive monthly backups | Time to execute and complete backup | [***]% | [***]% | |
2A13 | Execute and complete on-demand backups for single Instances | Time to execute and complete per agreed schedule | [***]% | [***]% | |
Restoration | |||||
2A20 | SL1 data restore requests | [***] | [***]% | [***]% | |
2A21 | SL2 data restore requests | [***] | [***]% | [***]% | |
Service Request Response | |||||
2A30 | Delivery of In-scope Service Request solution response-standard | [***] | [***]% | [***]% | |
2A31 | Delivery In-scope Service Request-project solution response | [***] | [***]% | [***]% | |
2A32 | Delivery of Out-of-Scope work-order Services proposal | [***] | [***]% | [***]% | |
2A33 | Complete installation, testing and handover of Services | [***] | [***]% | [***]% | |
System Software Refresh and Updates | |||||
0X00-0 | Xxxxxx maintenance release or emergency maintenance release (e.g., XYZ Version 8.1.5 to XYZ Version 8.1.6) (e.g., security pack, bug patch) | [***] | [***]% | [***]% | X |
2A40-2 | [***] | ||||
0X00-0 | Xxxxxx maintenance release or emergency maintenance release of anti-virus/anti-spyware definition (e.g., XYZ Version 8.1.5 to XYZ Version 8.1.6) | [***] | [***]% | [***]% | X |
2A41-2 | [***] | ||||
2A42 | Implementation of enhancement release | [***] | [***]% | [***]% | |
2A43 | Implementation of major release updates | [***] | [***]% | [***]% | |
System/Security Administration |
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
SLA # | Service Level Agreement | Performance Requirement | SLR | Weighting Factor % | Compound SLA* |
2A50 | Proposal (e.g., timelines, deliverables, assumptions and constraints, comprehensive and complete written documentation) for security remediation following discovery of a security risk (e.g., server con- figuration vulnerabilities, event monitoring discoveries) | [***] | [***]% | [***]% | |
Account Administration | |||||
2A51 | New user account (up to 5 per request) | [***] | [***]% | [***]% | |
2A52 | New user account (6-20 per request) | [***] | [***]% | [***]% | |
2A53 | New user account (21+ per request) | [***] | [***] | [***]% | |
2A54 | Password resets | [***] | [***]% | [***]% | |
2A55 | Privilege changes | [***] | [***]% | [***]% | |
2A56 | Disable user account | [***] | [***]% | [***]% | |
2A57 | Terminate user account | [***] | [***]% | [***]% | |
Asset Tracking | |||||
2A60 | Accuracy of asset database for Symetra Software and Symetra Equipment | [***] | [***]% | [***]% | |
2A61 | Accuracy of data for ACS Equipment and ACS Software | [***] | [***]% | [***]% | |
Continuity and Disaster Recovery | |||||
2A70 | Disaster recovery testing | [***] | [***]% | [***]% | |
Customer Satisfaction | |||||
2A80 | Periodic sample satisfaction | [***] | [***]% | [***]% | |
Schedule 2G Output Processing | |||||
Forms Coding, Creation and Maintenance | |||||
2G1 | New and modified form coding to be completed and available for system testing. This task is inclusive of dynamic and static forms. | Per negotiated code complete date as detailed in Symetra approved Service Request. It will not be considered missed if negotiated date passes due to Symetra actions. | [***]% | [***]% | |
2G2 | Move code or form to production | Per negotiated end date as detailed in Symetra approved Service Request. It will not be considered missed if negotiated date passes due to Symetra actions. | [***]% | [***]% | |
Daily Production Processing |
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
SLA # | Service Level Agreement | Performance Requirement | SLR | Weighting Factor % | Compound SLA* |
2G10 | Daily, weekly, monthly production print jobs – ACS Location | Print, package, postage, and mailing of discrete batch jobs completed[***]after receipt in ACS Location provided the associated files are received by[***]local ACS Location time. | [***]% | [***]% | |
2G11 | Daily and weekly production print jobs – Bellevue contracts and policies | Print, and provide for distribution of, contracts and policies by[***]after receipt in Bellevue Location FTP Server provided all files are received by[***]local ACS Location time. | [***]% | [***]% | |
2G12 | Daily, weekly, monthly production print jobs – Bellevue (all work except contracts, policies and checks) | Print and provide for distribution of discrete batch jobs completed by [***]after receipt in ACS Location FTP Server provided all files are received by [***] local ACS Location Time | [***]% | [***]% | |
2G13 | Daily, weekly, monthly mainframe print queue jobs – Bellevue | Print, and provide for distribution of, discrete batch jobs completed by[***]the same Business Day provided files are received by[***] | [***]% | [***]% | |
2G14 | Make form available to view online—iProof | Jobs successfully completed prior to [***]must be available for viewing by [***]the same Business Day. Provided that all files are received at ACS Location prior to [***] local ACS location time. | [***]% | [***]% | |
2G15 | Make form available to view online – archive | Jobs successfully completed must be available for on-line viewing [***]as print file becomes available to print queue | [***]% | [***]% | |
2G16 | Check processing -ACS Location | Print, package, postage, and mailing of discrete batch jobs completed same day as receipt in ACS Location provided file is received by [***]local ACS Location time | [***]% | [***]% | |
2G17 | Check processing-Bellevue | Checks printed and available for distribution by[***]when job received no later than [***] on ACS FTP location provided check stock is available. | [***]% | [***]% | |
2G18 | Check processing – Bellevue special handling | Checks printed and available for distribution by [***]when job received no later than[***] on ACS FTP location provided check stock is delivered to print operation by [***] | [***]% | [***]% | |
2G19 | Quarterly and annual production print | Print, package, postage, and mailing completed per negotiated schedule as detailed in Symetra/ACS operational meetings | [***]% | [***]% | |
2G20 | Returns for mail ruined during processing and handling | Recreate and mail by [***] Mail ruined during pre-sort process will be delayed an additional [***] | [***]% | [***]% | |
Testing | |||||
2G30 | Provide test print and on-line viewing of test jobs. | Unless previously negotiated with Symetra, provide test print in Bellevue and if applicable available on-line within [***]after receipt in ACS Location FTP Server providing ACS receives valid job data. | [***]% | [***]% |
Portions marked [***] have been omitted pursuant to a Confidential Treatment Request by Symetra Financial Corporation, this information has been filed separately with the Securities and Exchange Commission.
SLA # | Service Level Agreement | Performance Requirement | SLR | Weighting Factor % | Compound SLA* |
Quality Assurance | |||||
2G40 | All post-production output received by Symetra clients are read- able, packaged with proper collateral, void of fulfillment or insertion errors. | At the conclusion of the Root Cause Analysis process, the performance of [***] will be derived by dividing the total number of errors by the total number mailed for that job. Derive the performance of [***] by dividing the total number of failed jobs by total number of jobs run for that month. (for example: a job has total mailing of[***]and but through the Root Cause Analysis process it is deter- mined that [***] have errors, this would be a failed job; to fail this SLR, ACS would have to fail [***]jobs on a projected [***] job month). | [***]% | [***]% | |
Schedule 2H Content Management | |||||
Image Archive | |||||
2H1 | Online viewing | [***] | [***]% | [***]% | |
Capture Management | |||||
2H10 | Scanning | [***] | [***]% | [***]% | |
2H11 | Indexing | [***] | [***]% | [***]% | |
2H12 | Timeliness of turnaround – front- end note: If any performance target of this SLR is missed, the entire SLR is considered missed | [***] | [***]% | [***]% | |
2H13 | Timeliness of turnaround-back-end | [***] | [***]% | [***]% | |
2H14 | Fiche conversion | [***] | [***]% | [***]% | |
2H15 | Records retention and destruction | [***] | [***]% | [***]% | |
2H16 | Requests for originals | [***] | [***]% | [***]% | |
Symetra and ACS will mutually agree in writing to the Spec Sheet parameters. Any Spec Sheet modifications will be agreed to by the Parties in writing. * SLAs that include multiple service measures; ACS will provide transparency to the individual service measurements as requested. **At six months from the Restatement Date and quarterly thereafter as part of the established governance process, Symetra and ACS will review the SLR performance achieved during the immediately preceding three (3) months. If SLR performance in each of the three (3) preceding months exceeded the then effective SLRs, the arithmetic average of such SLRs will become the new SLR effective the following month not to exceed 99%. If in any one of the (3) months under review the actual performance is below the then effective SLR, no change will be applied. *** Batch process letter of understanding regarding batch job LPA10416 will be finalized before the end of the first quarter of Con- tract Year one (1). Bolded SLA#’s were updated 1 January 2014. |