HomeMy WebLinkAboutContract 52006 CITY SECRETARY
CONTRACT NO._5 -1,
e
FASTER Software Upgrades & Support Agreement
CCG Systems, Inc.,dba FASTER Asset Solutions,hereinafter referred to as 'FASTER,'agrees to grant to
City of Fort Worth, hereinafter referred to as"Customer,"and Customer agrees to accept from
FASTER the following terms and conditions as detailed herein(the"Agreement').
1. Term: Please see the last section of this agreement(Term)for the relevant term for your
situation.
2. Scope: Software Upgrades &Support will consist of: (i). Upgrades to the Commercial Off the
Shelf(COTS)software and Custom software listed in Section III; (ii).Correction of defects to keep
the software in conformance with the applicable user documentation as noted in Section IV;and
(iii). Telephone support listed in Section V.
Support will not include: (i)set-up, installation, or configuration of hardware and software
required for the Customer to access the FASTER software unless a separate hosting or Software
as a Service(SaaS) addendum is included in this Agreement.
To the extent Customer used a previous version of the software or a legacy FASTER product and
maintains that version or legacy FASTER product,this Agreement does not extend Software
Upgrades&Support to that previous version or a legacy FASTER product unless specifically
stated. Software Upgrades and Support for a previous software version or legacy FASTER
product will require a separate Software Upgrade & Support Agreement at an additional cost.
3. Representative. Customer will identify both a Representative and an alternate to be designated
as FASTER's contact(s)for communicating with FASTER concerning Support, making other
requests, or providing notice under this Agreement. Customer may change the Representative
upon notice to FASTER(other members of Customer's Team may place support calls to FASTER
Support).
4. Software Upgrades:
a. All software from FASTER requires that the Software Upgrade& Support Agreement be
renewed annually by Customer.After the first year, Software Upgrade&Support will
automatically renew unless Customer cancels per the termination provisions identified
herein.Software Upgrade&Support provides the following upgrade benefits:
b. Upgrades for the Core COTS Product: Each new version release of the specific
"Core COTS Product,"which are included under this Agreement, are provided at
no added cost to Customer. As long as Software Upgrade&Support is
maintained, Customer is entitled to new version releases of the FASTER product
included under this Agreement.
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H. Upgrades to Add-on Products and Customizations:All Add-on Products and
customizations will be upgraded to function with new versions of the Core COTS
RECEIVED Product as long as Customer continues to renew Software Upgrade& Support.
MAR 6 2019 ----
CITY OF FORT WORTH OFFICIAL RECO!
CITY SECRETAR"(
CITY SECRETAR.,
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And as long as Customer remains current on Software Upgrade and Support, the
Customer may license additional add-ons.
5. Software Defects: Software Upgrades&Support covers issues or problems that are the result of
a verifiable, replicable errors(FASTER will use all reasonable means to verify and replicate)in
the software("Verifiable FASTER Defect").An error will be a Verifiable FASTER Defect only if it
constitutes a material failure by the software to function in accordance with the applicable
4 software documentation. This documentation includes the User Manuals for FASTER Win and
i in-line help for FASTER Web for the COTS products and the detailed Requirements Document
for which Customer signed-off for any customization.
6. FASTER Software Support Coverage:Customer will have access to FASTER's Technical Software
Support Personnel ("Software Support")during Normal Business Hours. For the purposes of this
Agreement, Normal Business Hours are defined as 7:30 am to 6:00 pm EST/EDT, Monday
through Friday(excluding U.S. public holidays).Communications with Technical Support may be
via telephone or e-mail, In addition to the support obligations listed above, FASTER provides
emergency phone support twenty-four(24)hours a day, seven(7)days a week outside of Normal
Business Hours by having Support Staff members on-call for phone support for issues defined
below under"Emergency FASTERSupport."
7. Emergency FASTER Support is available when:A.The system is frozen; B.The system has
crashed and will not recover; or C.Customer cannot process work in the system.
8. IT Support&Consulting Not Provided: Unless Customer contracted FASTER to provide
hosting, FASTER Support does not include IT tasks such as hardware upgrades or changes;
server operating system or relational database management system installs, patches or
upgrades; backup and restore or disaster recovery; virtual machine management; server and
database cluster tasks, etc. (if FASTER is providing hosting, a separate schedule will address
hosting and hosting support).
9. Other Limitations on Support: FASTER will provide troubleshooting and advice related to
mistakes Customer's employees may make (data deletion, data input error, administrative or
user errors,etc.).Asa courtesy,FASTER's Support Staff accepts such calls and iswillingtoassist
Customer in attempting to resolve such issues that are outside the scope of supportoutlined in
this Agreement.As such,while FASTER Staff often is able to add value in root cause analysis
and troubleshooting of issues that are outside of FASTER's responsibilities,there may be
occasions when FASTER must discontinue support efforts on issues that are outside of
FASTER's responsibilities to be attentive to other customers'support issues.
10. Training: Support does not include training. Live-remote training via a web-based medium, such
as GoToMeeting,can be provided for an additional cost. FASTER also offers Regional Training for
an added cost in geographic areas where there are concentrations of customers.
11. Customer's Responsibilities:
a. Customer's Representative must be qualified and authorized to communicate all
necessary information, must have administrative access to the FASTER application,
must have access to the database and hardware resources to be able to perform
diagnostic testing and be available for follow-up, If required. FASTER accepts calls from
Customer Staff who do not meet the above requirements. However, resolution of some
issues may require a Customer Staff member who meets the above criteria be available.
b. Customer accepts sole responsibility for any compatibility problems between the
FASTER Software and anyother application software ornon-current software
programs not maintained or supported by FASTER.
12. Submitting a Request: Customer should be prepared to provide the following:
a. Telephone number and alternate method of contact(e.g.,email address);
b. A description of Customers problem or question;
c. Provide screen capture/s or video/s of the issue;
d. The circumstances under which the problem does or does not occur;
e. Specific error messages, error numbers, log files and program numbers;and
f. For customers who host FASTER on their internal IT infrastructure,additional
information may be needed such as:Version of the FASTER Software in use,client or
server operating systems versions, Hardware specifications, etc.
13. FASTER will follow the below process to assist Customer with resolution of issues:
a. During Normal Business Hours, FASTER's answering of phone calls is as follows: 95% by
the third ring, 99%by the fifth ring.
b. There is an exception to the above during FASTER Support Team training,which will occur
no more than twice a month and for no more than 90-minutes each. During these training
sessions, the response time may drop to 90%of calls answered by the fifth ring.
c. FASTER's response to email support requests during Normal Business Hours is:95%within
three hours and 99%within one business day.
d. Once contact with a FASTER Support Team Member is established via phone or email, a
case will be created for tracking purposes and the supplied information will be documented
such that a Customer may request a case number for tracking purposes.
e. In order to resolve the issues on Customer's first call,FASTER Support is structured to:
answer Customer's questions and identify logs,tests or error information the Customer
needs to acquire and submit in order to troubleshoot the issue during that first phone
call.
f. If the issue cannot be resolved in one phone call,the Support Team Member who took
the call will diligently strive for timely resolution. If the Support Team Member cannot
timely resolve this issue, he/she will engage with his/her supervisor to assign the case to
the appropriate staff member for either resolution or escalation of the case to the
Development Team.
14. Purchase of additional Services: Customer, at its discretion, can purchase additional
services from FASTER, such as software add-ons,custom report building, scripting of data,
training,etc.For custom services,a quote can be provided by FASTER based on the needs
specified by the Customer.
Term:
For customers purchasing FASTER Web:The term and cost is dictated by the Statement of Work&
Pricing Document.
For customers renewing annual Software Upgrades& Support for their current FASTER product:
The term of this Agreement shall be from February 1, 2019 through September 30, 2023.The
annual costs for support are identified in the Annual Support Price Quote dated February 1,2019
and attached hereto. Note: The first period under the term of this Agreement is for eight months,
from February 1, 2019 through September 30, 2019. After the first period, successive periods run
from October 1 through September 30.
A lapse in Software Upgrades&Support is defined as non-payment for 60-days after the expiration
of the previous year's annual Software Upgrades&Support Agreement. Should the Customer lapse
in its continuity of Software Upgrades&Support by non-payment of more than 60-days, renewal of
annual Software Upgrades&Support will be at FASTER's discretion and may require a penalty
payment and a price that is based on the current retail price.
Customer may opt to terminate Software Upgrades& Support at the later of the end of any one-
year term or the term identified in the Statement of Work& Pricing.
Customer may renew Software Upgrades&Support by paying for the next year's annual Software
Upgrades&Support with a 3% (three percent) increase within 60-days after the end of the previous
support period.
Customer may,at any time, license other FASTER software that will also have a Software Upgrades&
Support fee.There will be an additional Software Upgrades&Support fee due at the time of licensing
the additional software based on the associated licensing fee.That fee is determined by FASTER
pro-rating the months remaining on the current year's Software Upgrades &Support Agreement.And
the following year's Software Upgrades&Support will include an increase reflecting that licensing
and the commensurate 3% (three percent)Increase.
r
Executed this the day of ,;. , 2019.
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
< administration of this contract, including
By: ensuring all performance and reporting
Name: Susan Alanis requirements.
Title: Assistant Ctity Manager
Date:
By;
Approval Recommended: Name: teve Streiff rt
Title: Assistant Director IT Solutions
Approved as to Form and Legality:
By:
Name:
Title:
By:
Attest: '? Name: John B. Strong
Title: Assistant City Attorney
r. ��QRT �i�� Contract Authorization:
By: r •'A &C:
Name: ar J. Ca er
Title: City Secre`tay
V'
TEX
SELLER:
CCG Systems, Inc. dba FASTER Asset
Solutions
By:
Name: nt anNorman
Title: Executive VP & General Counsel
Date: 2/1/19
ASSET
SOLUTIONS ANNUAL SUPPORT
PRICE QUOTE
Date: 2/1/19
To: Alan Shuror
Customer: City of Fort Worth
From: Sue Smith
Re: FASTER Web Annual Upgrades & Support Price Quote
Annual Support - FASTER Fleet Maintenance Software Site License:
FASTER Web Support 2/1/2019 — 9/30/2019 $39,196.00
(Less One-time credit of $600.00 for early Increase due to partial year billing)
FASTER Web Support 10/1/2019 — 9/30/2020 $61,484.82
FASTER Web Support 10/1/2020 — 9/30/2021 $63,329.36
FASTER Web Support 10/1/2021 — 913012022 $65,229.24
FASTER Web Support 10/1/2022 — 9/30/2023 $67,186.12
FASTER's Upgrade and Support Fees have increased by 3%each year over the last 15-years.This increase is necessitated
by the ongoing and significant increase in IT and business costs.Actually,the costs FASTER experiences to provide Up-
grades and Support have exceeded a 3%increase many times over the last fifteen years. However, FASTER has main-
tained a 3%increase in an attempt to minimize costs to its customers. FASTER is a 100%employee-owned company and
takes very seriously it's stewardship to its customers.
***Please note this quote does not reflect any changes to your account after the date noted in
the quote, and any changes could affect your Annual Support***
Sue Smith ._. --
Customer Service & Process Administrator
FASTER Asset Solutions, Inc. (JI`�I�1 ! ' 'ORD
phone: 757.623.1700 x2020 CITY `mvtR,ET,—"*RY
web: www.FasterAsset.com FT. ORI'K TX
FASTER760 Lynnhaven Parkway #203, Virginia Beach, VA 23452
1.800.753.2783 1 fax 757.625.5114