HomeMy WebLinkAbout98-170 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 98-170
being a by-law to authorize a contract between the
Corporation of the Municipality of Clarington and Escom
Software Services Ltd., for the Community Services
Recreation Software Program
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporate
Seal, a contract between Escom Software Services Ltd., and the Said
Corporation; and
2. THAT this agreement attached hereto as Schedule "B" form part of this
by-law.
i
By-law read a first and second time this 23rd day of November 1998
By-law read a third time and finally passed this 23rd day of November 1998
MAYOR
CLERK
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Memorandum
To: Marie Knight,Deputy Clerk
From: Lou Ann Birkett, Purchasing Manager
Date: April 8, 1999
Subject: PURCHASE AGREEMENT
ESCOM SOFTWARE SERVICES
COMMUNITY SERVICES— RECREATION SOFTWARE
Please find enclosed one(1)copy of a fully executed document for the above Purchase
Agreement.
Thank you for your assistance.
Yours truly,
Lou Ann Birkett, C.P.P.,A.M.C.T.
Purchasing Manager
LAB*lm
Encl.
Software Services Ltd.
Class TM PURCHASE AGREEMENT
This document outlines the Municipality of Clarington's agreement to purchase the software and services(outlined
below)from Escom Software Services Ltd.(Escom)pursuant to the following conditions:
1) Items outlined below will be provided at a cost of$49,118,subject to the terms listed below(a-g):
Module Concurrent Users Cost
i. Class Program Registration Module 6 $8,970
ii. Class Facility Booking Module 4 $5,980
iii. Class POS Module
iv. Class Membership Services Module
v. Class Batch Credit Card Authorization Module Server License
vi. Class Information Management Module Server License N/A $3,495
vii. Class External Interfaces Module Server License
viii.Class IVR Registration server and registration licenses 4 $9,475
ix. Less applicable quantity purchase discounts ($2,792)
x. Oracle database and fourteen(14)licenses $3,360
xi. Class IVR peripheral hardware $1,880
xii. Implementation,setup and training—fifteen(15)days $18,750
Expenses included for three(3)trips
Total Cost $49,118
a) All prices are in funds of the country of installation with all duties included.
b) Sales Tax(es)are not included unless specifically identified as line items.
c) Freight is F.O.B.your offices.
d) Installation of the equipment is included,if purchased in conjunction with the software. Hardware sourced
elsewhere is subject to an installation fee. This charge will vary depending on hardware platform and
location.
e) A signed purchase order and deposit are required prior to commencement of implementation.
f) Site preparation is not included. This includes,amongst other things,installation of equipment such as PC
hardware,modems,peripheral cabling and power conditioning.
g) These prices are valid for ninety(90)days.
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2) The Customer will provide the following hardware and software for the operation of the Class software:
a) Desktop Workstation
Minimum Performance Suggested Performance
IBM Compatible PC IBM Compatible PC
75mhz Pentium Processor 100+MHz Pentium Processor
500mb Hard Drive 64mb RAM or more
Running Windows 95,98:32mb RAM 1.0 GB Hard Drive
Running Windows NT:64mb RAM Running Windows 95,98 or NT
b) Database Server
Minimum Performance Suggested Performance
IBM Compatible PC IBM Compatible PC
166mhz Pentium Processor Pentium Pro Processor SMP
128mb RAM 256mb RAM
2.Ogb Hard Drive 4.Ogb Hard Drive
Dedicated to Class Dedicated to Class
c) Network infrastructure as required to facilitate connectivity of Class clients to database server.
3) The annual maintenance for Basic Support and Lifeline Support will be$6,805 effective 90 days from date of
installation(i.e.first time consultant is on site to install,set up,or configure the Class system,or Customer
installs Class system). The initial amount due will be prorated from installation date to the preferred
maintenance anniversary date,when a one-year renewal will be due and payable subject to the terms of the
annual maintenance agreement.
4) Accreditation discounts(maximum 20%of annual maintenance cost)are applicable providing criteria specified
in Class Software Maintenance and Support Terms are met prior to live use of the system in a production
environment. If criteria are not met by date of live use of the system,the Customer will be billed retroactively
for the discounted maintenance fees and these fees will be payable immediately.
5) Consulting services will be billable to the Customer. For every five days* of consulting services,one day will
be spent off-site performing some or all of the following services:
• Preparation for consulting on-site**
• Project Management
• Development of customized reports
• Travelling to the Customer site(this will account for a portion but not all of the travel time)
* A "day"is considered to be approximately 8 hours of services provided by an Escom consultant.
** "On-site"means at the Customer's site.
Note that a portion of the fifth day of consulting may be absorbed in overtime during the four days that the
Escom consultant is on-site,should unanticipated technical difficulties or training issues arise.
6) In situations where expenses are not already included in the travel rate,the amount billable to the Customer is
based on the following guidelines in Escom's travel and expenses policies:
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• Per diems: Escom Consultants are credited$40.00 per day for miscellaneous expenses including
meals and local transportation(excluding car rental).
• Car rentals: Escom Consultants rent compact cars unless extenuating circumstances necessitate a
larger or more powerful vehicle. The rates for such vehicles generally range from$30.00 to$60.00
per day.
• Lodging: Escom Consultants stay in accommodation that facilitates their ability to conduct business
away from home. Required facilities include laundry,[dry cleaning],dining,and in-room modem
connections. Escom secures lodging at corporate rates for its consultants.These rates generally range
from$75.00 to$125.00 per day.
7) Billing Rates for Consulting
Consulting rates are valid for a period of six(6)months from the date the agreement is signed. Any days
specified in the agreement that are used after the initial six months has expired,will be billed at the new
prevailing rate.Current consulting rates will apply after the initial six(6)month period if extended time is as a
result of any delay caused by the vendor.
8) The payment schedule for this project shall be as follows:
a) $15,184 is payable upon signing of this agreement
b) $15,184 is payable upon delivery of the software and documentation
c) $18,750 is payable for Consulting Services(inclusive of expenses)will be invoiced as it is delivered.
9) This purchase is subject to the attached:
a) Class Pricing/Estimate Form
b) Class Software License
c) Class Software Maintenance and Support Terms
10) Customer reserves the right to purchase additional licenses and/or modules of the Class system at then
prevailing list prices less any discounts that may be available to the Customer at such time.Licenses for such
purchases made under this agreement will be incorporated through Addenda to this Agreement when signed by
authorized persons for the Vendor and Customer.
11) In order to preserve and protect its rights under applicable laws,Escom does not sell any rights in Escom
Software Services Ltd. Rather,Escom grants the right to use Escom Software by means of a Software License.
Escom specifically retains title to and copyright in all Escom computer software.
12)This legal document is an agreement between you,the end users,and Escom Software Services Ltd.
(hereinafter called"Escom").By signing the Class Purchase Agreement,you acknowledge you have read,
understand,and are agreeing to become bound by the terms of this Agreement and attachments.
AGREED TO
4-!_��4--9, 4 4
Escom Software Se td. Municipality of Clarington
(Authorized Signatory) (Authorized Signatory)
314 1
ane
(Date) (Date) Hamre, Mayor
Patti a ie, Municipal Clerk
Page 3 of 15
h i 7
Software by means of a Software License. Escom specifically retains title to and copyright in
all Escom computer software.
12)This legal document is an agreement between you,the end users,and Escom Software
.Services Ltd. (hereinafter called"Escom"). By signing the Class Purchase Agreement,you
acknowledge you have read,understand, and are agreeing to become bound by the
terms of this Agreement and attachments.
AGREED TO B
Escom Software Services Ltd. Municipality of Clarington
(Authorized Signatory) (Authorized Signatory)
X491? 7(Date)
(D ian Hamre, Mayor
Patti arr'e, Municipal Clerk
Escom Software Services Ltd.
C/ass TM Pricing/Estimate Form Consultant:' 3/3199
Clad
Plaform: Oracle
Agency: Clarington,Municipality of Contact: Lou Ann Birkett
Address: 40 Temperance Street City: Bowmanville Prov/State: ON
Postal/Zip: L1 C 3A6 Phone Number: 905-623-3379
The number of stations that will access the system at a given time during peak periods? 14
Client Server/Multiple Site Volume Discounts are applicable
1)10 to 19 users=10% 11)20 to 34 users=15% iii)35 to 49 users=20% Iv)50+users-25%
Class Modules Services(Days) Per Nos.of Total Maint
Min. Rec. Station Stations Amount Fee
Core Modules
•JPrograrn Registration 3 4 $1,495 6 8,970 2,243
• Facility Booking 3 4 $1,495 4 5,980 1,495
Membership &Pass Management 2 3 $1,495
Sport Scheduling 1 2 $1,495
Add-on Modules
Daycare/Daycamps 1 2 $1,495 Da
Express Reservation 1 2 $995 Da
Randomized/Lottery Registration(server license) 1 2 $4,495
Cash,Payments&Remittance Processing
Cash&Inventory 2 3 $1,495
On-line Payment Authorization(Cash/POS) 1 1 $495
Batch Credit Card Authorization(server license) 1 2 $4,495
City Hall/Remittance Processing(per server interface) 5 10 $4,495 De
eConnect(Public Access)
Intemet Program Query(server license) 1 2 $15,000
Intemet Program Registration(server license) 2 3 $10,000 De
Intemet Facility Inventory Query(server license) 1 2 $15,000
Intemet Facility Availability&Reservation(server license) 2 3 $10,000 Ca
✓ IVR-Registration&Voice Info(server&PR licenses) 3 4 $3,495 4 9,475 2,369
Fax-back Registration-OCR(server+PR licenses) 3 5 $3,495 Da
IVR-Tax Certificate Processing(4 line server licenses) 3 5 $9,495 Da
Data Reporting&Interfaces
✓ Information Management(server license) 2 3 $3,495 1 3,495 699
Extemal Interfaces-G/L,A/P,DTP(server license) 3 4 $2,495
Electronic Fund Transfers-EFT,PAP(server license) 3 1 5 $2,495 1 1 1 De
Sub-Total $27,920 $6,805
Less Applicable Discounts 10% ($2,792)
Total Cost(a) $25,128 $6,805
Other 3rd Party Software,Services&Hardware Costs:
Oracle Database(WinNT) 14 Users $3,360
Implementation Services(on-site or off-stte) 11 Days $13,750 3 Max.Trips
Additional Consulting Services(on-slte or off-site) 4 Days $5,000
IVR D1411 4 Port Dialogic Card $1,350
Teleprompter $530
$1,880
Other Costs b 523,990
Grand Total(a+b) $49,118
Please Note:
1 Sales taxes,where applicable,are not included and prices are in the currency of the country of installation(subject to change without notice).
2 Hardware,operating system,3rd party software and site preparation are not Included unless otherwise noted.
3 Annual software maintenance is 25%of prevailing fist(min.$1800/yr). Server-based modules are 20%.
4 Maintenance Accreditation and Intemet Discounts,as well as Extended Support options are available and outlined In the SAN Maint.and Support Agreement
5 Consulting fees are$1250/day for on or off-site services and inclusive of travel expenses(min.4 day trips apply).
6 One of each 5 consulting days will be allocated for projected management,instructor proparartion,overtime and travel(on a billable basis)
7 Customer requires a modem(USR 28,800 V.34bis or better),comm software and dedicated phone line for support
a IVR-Registration and Faxbac k include a Program Registration license for each incoming phone line(minimum 4 ficenses).
9 Credit card authorizartion,IVR and fax-back modules carries a minimum license of 4 users.
10 A dedicated database server,as well as a Windows NT(4.0+)server is highly recommended for each of the IVR and Intemet(plus MS IIS)modules.
11 Class ships on CO ROM.Diskettes are available for$100 plus shipping.Customer may cut their own diskettes from the CD at no charge.
12 A full set of manuals are provided on the CD provided with each system.
13 DB-signifies Diamondback(Q2 1999):CB-signifies Cobra(Qt 2000)
,
ClassTm Software License
i. GRANT OF LICENSE. Escom Software Services Ltd.(Escotn)as"Licensor",grants to you,the"Licensee",a non-exclusive right
to use a copy(ies)of the(-7assSoftware("the Software")on a single computer server to process your own data,provided the
Software is in use on only the licensed computer at any time. The Software is"in use"on a computer when it is loaded into
the temporary memory(i.e.RAM),installed into the permanent memory(e.g.hard disk or any other storage device)of that
computer or servicing requests from an asynchronous terminal device.
2. OWNERSHIP OF SOFTWARE AND COPYRIGHT. As the Licensee,you own the magnetic or other physical media on which
the Software is originally or subsequently recorded or fixed,but an express condition of this License is that Escom retains title
and ownership including copyright of the Software recorded on the original disk copy(ies)and all subsequent copies,
regardless in any form or media in or on which the original and other copies may exist. Unauthorized copying of the Software
is expressly forbidden. You may not make copies of the product manual(s)or written materials accompanying the Software
without permission from Escom.You may make as many copies of the Software as you like provided these copies are used
solely for backup or archival purposes.
3. OTHER CONDITIONS. You may transfer your rights under this License on a permanent basis provided you transfer all copies
of the Software and all written materials,and the recipient agrees to the terms of this License. Any transfer must include the
most recent update and all prior versions. You may not reverse engineer,decompile or disassemble the Software.
4. LIMITED WARRANTY. Escom warrants that,for a period of ninety(90)days from date of installation("warranty period"),the
media on which the Software is fumished will be free from any physical defects in materials and workmanship and the
Software,during the warranty period,will substantially conform to the functional description of the Software as contained in the
user's manual accompanying the Software when delivered. Escom does not warrant that the Software will run uninterrupted or
be error free.
5. Escom's entire liability and your exclusive remedy as to the Software shall be,at Escom's option,either(a)return of the
purchase price or(b)replacement of the software,or disk,which does not meet Escom's Limited Warranty and which is
returned to Escom postage prepaid with a copy of the receipt. If failure of the disk has resulted from accident,abuse,or
misapplication,Escom shall have no responsibility to replace the Software or refund the purchase price.
6. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND,EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE THAT IS MADE BY ESCOM ON THIS ESCOM PRODUCT.
7. This Warranty gives you specific rights. You may have other rights which vary from jurisdiction to jurisdiction and certain
limitations contained in this Limited Warranty may not apply to you. In the event of any conflict between any provision in this
Limited Warranty and any applicable legislation,the applicable legislation takes precedence over the contravening provision.
8. Escom covenants and represents that the Licensed Programs and all related materials supplied to the Customer hereunder do
not infringe or otherwise constitute wrongful use of any copyright,patent,registered industrial design,trade mark,trade secret
or any other right of any third party. Escom shall indemnify and save harmless the Customer from any suit or proceeding
(including without limitation any judgment awarded thereunder,any reasonable settlement agreed to,any costs incurred in
complying with such judgment or settlement and any or all costs,including reasonable legal costs on a solicitor and his own
client basis incurred in respect of the same)brought against the Customer by reason of any such infringement or any wrongful
use save where the same has arisen through the Customer's unauthorized modifications to the Licensed Programs.
9. LIMITATION OF LIABILITY. No oral or written information or advice given by Escom,its dealers,distributors,agents or
employees shall create a representation or warranty or in any way increase the scope of the above warranty and you may not
rely on any such information or advice.
10. ESCOM SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE REFUND OF THE PURCHASE PRICE,
NOR ANY INDIRECT,CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS,BUSINESS INTERRUPTION,LOSS OF BUSINESS INFORMATION,AND THE LIKE ARISING OUT OF THE USE
OR INABILITY TO USE SUCH PRODUCT EVEN IF ESCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
11. TERM OF LICENSE. Any rights and obligations under this License which by their nature continue after the Class Purchase
Agreement ends will remain in effect. The terms of this License will also apply to anyone who receives or is assigned rights in
the License.
12. Neither Escom nor the Customer will be responsible for failing to meet obligations due to causes beyond their control.
13. You acknowledge that you have read this License,including the Limited Warranty,understand them,and agree to be bound by
their terms and conditions. You also agree that the Class Purchase Agreement,Software License and Limited Warranty,and
Class Software Maintenance and Support Terms are the complete and exclusive statement of agreement between the parties
and supersede all proposals or prior agreements oral or written,and any other communications between and relating to the
subject matter of this agreement.This agreement is governed by the laws of the Province of Ontario.
Page 6 of 15
CLASS SOFTWARE MAINTENANCE AND SUPPORT TERMS
1. SUPPORT SERVICES, FEES, AND RATES
1.1. Basic Support
The maintenance rate for Basic Support is 25%of prevailing software license fee list
price. Basic Support includes the following:
• unlimited toll free support between 6:00 am and 5:30 pm Pacific Standard Time
(PST) Mon-Fri
• unlimited dial-in access
• software updates and releases
• limited report customization&query support
• quarterly newsletters provided to the Customer
• access to Escom's Web site
Note:
a) Minimum base fee of$1,800 is applicable.
b) Fees may be increased by Escom provided that any increase in maintenance and
support charges from one year to the next does not exceed ten(10)percent of the net
fees.
c) Basic Support fees will be capped at$50,000 for non site-licensed agencies. Basic
Support fees will be capped at$100,000 for site-licensed agencies.
1.2. Lifeline Support
Lifeline Support is included with Basic Support provided that the Customer site has direct
dial-in and Internet e-mail capability. Lifeline Support includes the following:
• Basic Support plus 5:00 am—6:00 am and 5:30 pm— 11:00 pm(PST)weekdays and
5:00 am— 11:00 pm(PST) Saturday and Sunday.
• System down issues only within Lifeline hours(upgrade issues are not covered).
Note:
a) Qualifying sites must be on prevailing maintenance and support fee structure.
b) Qualifying sites must have direct dial-in and Internet e-mail capability.
c) Support calls placed during Lifeline Support hours must be placed through a Lifeline
Support contact person.
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1.3. Lifeguard Support
The maintenance rate for Lifeguard Support is 30%of prevailing software license fees list
price. Lifeguard Support features the following advantage:
• Lifeguard Support is provided during the same hours as Lifeline Support,but not
limited to system down issues (upgrade issues are included in Lifeguard Support).
Note:
a) Qualifying sites must be on prevailing maintenance and support fee structure.
b) Minimum additional fee of$500 for Premium'Support(over Basic Support fees).
c) Premium Support fees will be capped at$7,500(over Basic Support fees).
d) Support calls placed by sites on Lifeguard Support during extended support hours do
not need to be placed through a Lifeline Support contact person.
1.4. Assignment of Priorities for Support Issues
New support incidents are assigned one of the following four priority levels,each with its
respective standard completion target:
Call Priority Description Standard Completion
Level Target
A—Down Fatal issues that result in the Within 24 hours.
Customer's inability to fulfill critical
business functions(i.e.those
pertaining to core functionality such
as processing registrations,
memberships,rentals)and that have
no reasonable work-around.
B—Urgent Serious issues significantly impacting Within 36 hours.
use of system but do not prevent core
functions(such as processing
registrations, memberships,rentals)
from being fulfilled.
C—Normal All other issues, except those Within 2 business days.
classified as D(Low).
D—Low Issues that are not time-sensitive or None
may be undertaken as customer
service initiatives outside the scope of
the Class Maintenance Agreement.
Escom endeavors to staff the Class support desk with resources sufficient to meet or
exceed these standard completion targets for 95%of all incidents.
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Should there be any disagreement over the priority assigned to a particular incident,or
any other aspect of its handling,by Class support staff, Customers are encouraged to first
speak directly to the support representative dealing with the issue in order to arrive at an
acceptable solution. In cases where escalation is desired or necessary,please contact the
Customer Care Manager with any concerns you may have(phone 1-800-663-4991).
1.5.Holiday Hours for Support Desk
The Class Support Desk will be open with reduced staff for BASIC SUPPORT ONLY on
the following Canadian statutory holidays: Good Friday; Victoria Day(3`d Monday in
May); Canada Day (July V); BC Day(1'Monday in August); Thanksgiving(2"d Monday
in Oct); Remembrance Day(November 11); Boxing Day(December 26). On the
following holidays,observed in common in both Canada and the United States,the Class
Support Desk will be closed:New Year's Day,Christmas Day, Labor Day. On all other
American holidays not listed above,the Class Support Desk will be open for Basic,
Lifeline, and Lifeguard Support coverage.
2. DISCOUNTS
2.1. Accreditation Discount
Customers will be eligible for a 15% discount on net annual maintenance fees should all
of the following criteria be met:
• Approved dial-in access
• Database Administrator
• Network Administrator
• Class System Administrator
• Updated system(current version of Class and database)
2.1.1. Approved dial-in Access
For Class for Windows Customers,the standard means of dial-in access is Symantec's
Norton pcANYWHERE for Windows. Microsoft's RAS or Citrix's WinFrame Server is
acceptable in situations where remote control via pcANYWHERE is unavailable.
2.1.2. Internet Enabled Support
Refers to the ability of the Customer's Class System Administrator contact(s)to
communicate with Escom via the Internet for purposes of e-mail and file transfer. Also
includes Escom's ability to access the Customer's system remotely via a pcANYWHERE
connection initiated by both Escom and the Customer via the Internet. The Customer will
be required to provide access privileges through firewalls and security systems.
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2.1.3. Database Administrator
The Customer should have in-house database expertise in the database platform used by
the Class application, as demonstrated either by certification or course work, or by
equivalent experience including the ability to install,maintain, backup and restore,
troubleshoot,and optimize the database environment. It is expected that where Customer
qualifies for the Accreditation Discount,the Customer assumes full responsibility for
maintaining the database environment and the involvement of Class Support will be
infrequent. Support required from Escom as a result of a failure on the part of the
Customer to carry out these duties or to use reasonable efforts to do so,will be
billable at Escom's then prevailing.rates.
2.1.4. Certified Network Administrator
Customer should have in-house expertise in the network operating system by which client
workstations are connected to the Class database, as demonstrated either by certification
or course work,or by equivalent experience including the ability to install,maintain,
troubleshoot,and optimize the network. It is expected that where the Customer qualifies
for the Accreditation Discount,the Customer assumes full responsibility for maintaining
the network and the involvement of Class Support will be infrequent.
2.1.5. Class System Administrator
The Customer should have a limited number of Class System Administrators who have
been trained on all Class modules licensed by the Customer, and who are available to
work with other users of the software. The Class System Administrators should be able
to handle most of the basic questions from the users at your organization. In the case of
Class for Windows Customers—the Class System Administrators should be familiar with
the version of Windows in use on desktop PCs,be familiar with the setup and installation
of Class on client workstations, and know the administrative login and password. When
it is necessary to contact the Class Support Team the Class System Administrators should
collect all the pertinent information and call the Support Team on behalf of your
organization. It is expected that where the Customer qualifies for the Accreditation
Discount,the Class System Administrators will be responsible for all
communications to the Support Team and be able to make policy decisions for the
Customer, as they would relate to Class.
2.1.6. Updated System(current version of Class and database)
In order to qualify for the Accreditation Discount,the Customer must be running the most
recent available version of Class(excluding pre-release or beta versions). Similarly,the
Customer must be running either the most recent available version of the database
supported by the Class application, or a version immediately prior to the most recent
version.
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Customers who do not qualify for the Accreditation Discount must still be on either the
most recent available version of Class, or the version immediately prior to the most
recent version. Support will not be provided for issues encountered in versions of Class
older than the version immediately prior to the most recent version.
2.2. Internet Enabled Discount
Customers will be eligible for an additional 5% discount on net annual maintenance fees
should all of the following criteria be met:
• Access to the Customer's Class system for dial-in support via the Internet
• Internet email capability
3. ADDITIONAL FEES AND CHARGES
The following table outlines additional fees and charges:
Report Customization and $350 per report request/incident; 5 Pak for$1,450
Query Support
Multiple Class database 25% of net support fees per live database
support
Additional Fees & Charges (cont'd)
Time and materials support $250 per incident up to one hour; $125 per hour
thereafter; 40%of prevailing software list per release
Hardware support 10%of list price of all units purchased via Escom, min.
$500 per site; includes next business day replacement of
card printers,POS peripherals, scanners, etc.; coverage
will not be provided for partial inventories
Non-Class related issues Minimum $250 per incident up to one hour; $125 per
hour thereafter. 1
3.1. Limited Report Customization and Query Support
Class Support will provide limited assistance with report customization and the
development of custom queries where such can be provided in fifteen(15)minutes or
less. Full customization service will be billable at$350.00 per report or query provided
such customization can be done by support personnel within less than eight(8)hours.
Resultant reports and queries will be made available to all Class Customers on Escom's
web site.
3.2. Minimum Base Fee of$2500 is applicable
This minimum fee of$2,500 is exclusive of any applicable discounts, i.e. a site whose
maintenance is at the minimum can still earn discounts below$2,500.
Page 11 of 15
r
3.3. Basic Support Fees Will Be Capped at$50,000
This maximum fee of$50,000 is inclusive of any applicable discounts, i.e. fees for a site
whose maintenance, less applicable discounts, is higher than$50,000 will be capped at
$50,000.
3.4. Lifeline Support . . . System down issues only
Lifeline Support is available for fatal problems only that result in the Customer's inability
to fulfill critical business functions(i.e.those pertaining to core functionality such as
processing registrations,memberships,rentals)and that have no reasonable work-around.
All other calls—including all calls related to upgrades—placed by the Customer within
Lifeline Support hours(5—6 AM and 5:30 PM— 11:00 PM Monday—Friday,and 5 AM
— 11 PM Saturday and Sunday)will be billable on the basis of time and materials($250
per incident up to one hour, $125 per hour thereafter).Lifeline Support will be made
available only to sites with dial-in access and Internet email capability. Support calls
placed during Extended Support hours MUST be placed through a Lifeline Support
contact(maximum three contacts per agency).
3.5. Lifeguard Support. . . not limited to System down issues
Under Lifeguard Support,the Customer may call during Lifeline Support hours on all
issues and in all circumstances covered under Basic Support coverage, including
upgrades.
3.6. Multiple Class Database Support
Basic and Lifeguard Support rates are for a single live database. For each additional live
database a 25%of net support fees surcharge will apply. The surcharge does not apply to
trainer databases.
3.7.Time and Materials Support
Time and Materials charges ($250 per incident up to one hour, $125 per hour thereafter)
will be applicable in cases where the Customer chooses to opt out of the yearly
maintenance agreement. New releases of Class will be available in such circumstances
for 40%of prevailing software list prices.
3.8. Hardware Support
Maintenance, operation, and troubleshooting of card printers, POS peripherals, scanners,
etc.,purchased through or from Escom remains the responsibility of the Customer unless
the site chooses to purchase hardware support at 10%of list price of hardware covered
(minimum$500).
3.9. Non Class related Issues Support
Support for non-Class related problems will be limited to helping to isolate the problem
source, or providing troubleshooting advice,where this can be done in fifteen minutes or
less. Where the problem cannot be solved within fifteen minutes, support will be
available on a billable basis($250 per incident up to one hour, $125 per hour thereafter).
Page 12 of 15
Examples include:
• General network support-for example network access,printing,backup&restoration
• PC hardware trouble shooting
• PC setup, configuration and optimization
• Network operating system configuration and ctionality
• Basic Windows functionality(e.g. using File anager or Explorer)
• Modem configuration&setup
• Data corruption due to lack of disk space
• Loss of supervisor or other password
4. ADDITIONAL TERMS AND CONDITIONS
4.1. The maintenance and support terms apply for one(1)calendar year from date of installation
unless specified otherwise. Software maintenance and support fees are payable in advance,
on the maintenance renewal date specified in the Class Purchase Agreement.
4.2. Escom shall provide telephone support(in English)to the Customer by way of the Escom
Class Support Desk. The goal of the telephone support is to provide answers to any
questions relating to Escom's products or services including questions regarding system
errors (excluding hardware-related or operating system-related) or use of the Licensed
Programs.
4.3. Any training requested by the Customer shall be billed separately to the Customer,unless
otherwise specified or provided for in the Agreement.
5. CUSTOMER RESPONSIBILITIES
5.1. The Customer is responsible for arranging for third party hardware(i.e. operating system
and database)maintenance agreements separately with the appropriate hardware/operating
system vendor, at the Customer's expense.
5.2. The Customer shall be responsible for ensuring that regular backups of the Customer's data
are carried out. A full backup should be done at least daily. Backups should always be
verified.
5.3. It is highly recommended that refresher courses be scheduled by the Customer when a staff
turnover of greater than fifty(50)percent occurs, or the Class System Administrator leaves
the department, as staff turnover can drastically affect system operations.
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ADDENDUM A
SOFTWARE QUALITY ASSURANCE PROCESS AND ENHANCEMENT REQUESTS
Software Quality Assurance Process
Escom seeks to ensure that Class for Windows software is error free. To that end
significant ongoing investments are made in the following areas:
1. Developing quality detailed specifications of all new functionality and modules,
which form the basis of all programming work.
2. Code reviews, in which programming staff mutually review one another's work in
order to ensure that it meets company quality standards and programming
conventions.
3. Extensive in-house testing of all software by a dedicated team of Quality Assurance
specialists, including automated regression testing to ensure that functionality is not
negatively affected by changes to existing code.
4. A full cycle of beta testing in test and production environments by a small number of
participating Customer sites.
5. Submission of Class for Windows to authorized Microsoft testing authorities in order
to verify the full compatibility of the software with the most popular desktop
operating systems.
Corrective Action
When issues with the software are discovered or reported by a Customer,the following
steps are followed in order to correct them within a timeframe appropriate to the degree
of severity.
1. The Customer reports issue to Class Support.
2. Class Support staff attempt to replicate the problem,provide work-around to the
Customer where available.
3. Support staff report issue to Product Team,a cross-functional team consisting of
members of the Development, Quality Assurance, Consulting Services, and Support
teams, chaired by the Class Product Manager.
4. Product Team meets weekly (or as required in the case of fatal issues)to determine
issue's severity and to assign it an appropriate priority for a fix. Fatal or very serious
issues are fixed in the current version in use at Customer sites through issuing an
update that is made available as soon as possible on Escom's web site. Less serious
issues are typically fixed in the version of the software currently under development
and are available after this version has completed beta and gone into general release.
Cosmetic and minor issues may be deferred to a future release in some situations.
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. y
Enhancement Requests
Enhancement requests,that is, desired modifications to the software's functionality, may
be submitted to Class Support staff. In some cases it will be recommended that a more
detailed description of the desired feature be submitted in writing to the Class Product
Manager,via fax(604-432-9708). All enhancement requests are tracked during each
release cycle,then compiled for ranking by Customers. Priorities for individual
enhancement requests are assigned once per release cycle (2 release cycles are projected
per year) as a result of Customer input, in conjunction with evaluation done by the
Product Committee. Those accepted for a particular release become part of the regular
release process, including the development of detailed specifications.
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