SERVICES ORDER SUPPLEMENT TO LICENSE AGREEMENT
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DAVID
COR paRA T ION
SERVICES ORDER SUPPLEMENT
ORDER SUPPLEMENT dated JANUARY 10, 2001
LICENSE AGREEMENT dated JANUARY 10, 2001
THIS ORDER SUPPLEMENT IS ISSUED UNDER AND GOVERNED BY THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT REFERENCED
ABOVE AND SHALL BE BINDING UPON DAVID CORPORATION AND THE CUSTOMER NAMED BELOW.
DESCRIPTION OF SERVICES: Services perfonned in relationship to the installation of the Renaissance System. Installation (Code Set-Up),
Pre-Installation, Data Conversion, and On-Site Training.
PRICING SCHEDULE FOR SERVICES:
Pre-lnstallation(Account Management):
Installation:
$4,500 - estimate of 30 hours due upon installation of software, (Additional hours
billed at $150Ihr).
$2,400 - estimate of 16 hours due upon installation of software. (Additional hours
billed at $150Ihr). If travel is required, travel and expenses for DAVID Technical
Specialist are additional.
$8,000 - estimate of 80 hours at $100/hr due upon completion of conversion.
$4,800 - $1,200/day [8 hour day] (due upon completion of on-site training. Travel
and Expenses are additional).
Conversion:
On-Site Training (Four Days Minimum):
CONSULTANT PRICING (DAILY RATE):
Conversion: $125/hr
Custom Programming: $150/hr
Account Manager: $ 150lhr
Software Support Technician: $ 150lhr
Weekend Rate: $200/hr
PAYMENT TERMS: WITHIN 30 DAYS OF INVOICE
ADDITIONAL TERMS, IF ANY: All Services described in this Order Supplement shall be provided within the time periods and at the rates
outlined above. Daily rates are based upon an eight (8) hour day. For hours in excess of eight per day, DAVID shall be paid for such
additional hours at an hourly rate equal to one eighth of the daily rate indicated above. All consulting Services shall be performed at
Customer's facility, unless otherwise specified. All training Services shall be conducted in the English language and shall be subject to
DAVID's then current policies regarding registration, availability and cancellation. Customer agree that following completion of the Services
and for one (1) year thereafter, Customer shall not, directly or indirectly, recruit, solicit, or induce any employee, consultant or contractor of
DAVID to terminate such person's relationship with DAVID. All pre-paid Services must be completed within 12 months of the firstia written
above.
IF CUSTOMER BELIEVES THAT THIS TRANSACTION IS EXEMPT FROM APPLICABLE STATE SALES TAX, CHECK HERE _' IF AN
EXEMPTION IS CLAIMED, CUSTOMER MUST ATTACH A VALID SALES TAX EXEMPTION CERTIFICATE TO THIS ORDER SUPPLEMENT.
DAVI
Ci of Clearwater FL
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ee Attached Signature Page
By:
Printed Name:
Title:
By
Printed Name:
Title '?RS..\cU.f'\~
USSOS012298
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Brian J Aungst {J
Mayor-Commissioner
Countersigned:
:ry.
lam B. Horne, II
Interim City Manager
Approved as to form:
Attest:
C. Hayman
Istant City Attorney
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Cyn a E. GOUde.au
City rk -
DAVID CORPORATION
MAINTENANCE/SUPPORT POLICIES
INTRODUCTION
This document lists the specific support guidelines to be followed by both DAVID Corporation
and its clients with respect to DAVID Corporation products.
DAVID Corporation will use commercially reasonable efforts to fulfill the objectives set forth in
this policy. This policy is subject to change at any time.
STANDARD PRODUCT
The standard product is defined as the "core" parts or modules that are common to all clients
using the system. The standard product includes little or no custom programming work.
General Maintenance Coverage:
The standard maintenance agreement covers the following areas:
I) Supported regulatory updates
2) Bug fixes
3) Product enhancements
4) Phone support
5) Client requirements
6) General account management
7) Other services
Specific details for each of the preceding areas are described in the following paragraphs
of this document.
Regulatory Changes:
Federal Regulatory Changes:
I) 1099 -- DAVID will update the software as necessary to accommodate 1099
form changes and/or new field requirements. These changes are covered under
the standard maintenance agreement.
2) OSHA -- DAVID will update the software as necessary to accommodate
OSHA200 form changes and/or new field requirements. These changes are
covered under the standard maintenance agreement.
Regulatory changes to other Federal forms/reports may be included as part of a
product upgrade or maintenance release as deemed necessary by DAVID
Corporation in order to meet deadlines established by the Federal Government.
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State Regulatory Changes:
I) States' First Report of Injury -- DAVID will accommodate form changes
and/or new field requirements (except in the unlikely event that an automated
solution does not exist). These changes are covered under the standard
maintenance agreement.
2) State's Annual Reports -- It is the intent ofDA VID to support the primary
annual report for most states under the standard maintenance agreement. For
those annual reports that are supported, DAVID will accommodate form
changes and/or new field requirements (except in the unlikely event that an
automated solution does not exist).
3) Other state forms/reports -- All other state forms/reports are not covered under
the standard maintenance agreement but may be supported for an additional fee
unless otherwise noted.
Regulatory changes to state forms/reports may be included as part of a product
upgrade or maintenance release as deemed necessary by DAVID Corporation.
DAVID will make its best effort to release such updates in a timely matter in order
to meet state deadlines.
Bug Fixes:
"Bugs" are deemed to include any deficiency of the system that is contrary to its obvious
intent. Such bugs may result in data inconsistencies on reports and as displayed within the
system. Depending upon the nature and/or severity, as determined by DAVID, bug fixes
may be corrected by remote dial-in to the client or through the distribution of maintenance
releases and/or product updates.
Enhancements:
Enhancements are defined as improvements to the existing standard system or additional
features that become part of the standard system. Enhancements will generally be part of
product updates as described in the "Software Updates" section below.
Software Updates:
There are two types of software updates:
Product Updates:
Product updates include product enhancements (i.e., new and improved
features) and occasional corrections to minor software bugs which are
distributed generally to DAVID's maintenance paying clients. Product
upgrades are included as part of the standard maintenance agreement. The
product update itself is included in the standard maintenance agreement.
Installation fees may be charged on an hourly basis depending upon the
nature of the update and the specific complexity of each client's system.
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Maintenance Releases:
"Emergency" releases necessary to correct a major software bug or include
a significant regulatory change. Maintenance releases are included as part
of the standard maintenance agreement. There is no fee for installation.
Phone Support:
Phone support is provided via our toll free line between the hours of 6:00 a.m. and 6:00
p.m. Pacific Standard Time. Phone support provides assistance in troubleshooting and
correcting system-related problems.
Each client is required to assign a primary and secondary support contact who will be
solely responsible for contacting and working with DAVID to resolve support issues.
These contacts are expected to be well trained in the use of the DAVID software.
Calls are handled in a first-come, first-served basis. However, certain calls will receive
priority (see below) and may be placed ahead of previously received calls. DAVID
expects to respond to all calls within a reasonable time period as listed below.
Urgency Levels:
I) Emergency -- the system is non-operational, users are unable to access the
system, or the client can not process payments. Such calls will generally be
responded to within two hours of origination. A dedicated support person will
be assigned immediately to work with you to correct the problem. If
resolution of the system problem requires more than four (4) business hours,
an update call will be placed to the apprise the client of the status of activity
and estimated time of correction.
2) Non-Emergency -- all other calls will receive response within one business day.
Most can expect response on such calls within four (4) business hours.
Phone support is not a substitute for training and is not meant to be used as an "over-the-
phone" training service. However, it is expected that clients will have "how to" questions
from time to time. If it becomes apparent that the client's designated support contact is
lacking the system knowledge to effectively work with the DAVID support staff, it will be
requested by DAVID that the contact be enrolled in training courses conducted by
DAVID. Failure to do so may result in termination of the maintenance agreement.
Phone support does not cover non-DA vrD related hardware/network problems or third-
party products or changes made by the client to DAVID's software. DA VrD reserves the
right to bill on an hourly basis for work performed on system problems that are a result of
hardware/network malfunctions beyond DAVID's control. Such billing may occur once it
is determined that DAVID's software is not the cause of the problem.
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Test Systems
DAVID encourages the use of test systems by clients for the purposes of their own in-
house testing and training. However, upkeep of such test systems is the client's
responsibility. DAVID reserves the right to bill on an hourly-basis any work required to
maintain or upgrade test systems.
Software Versions
Unless other arrangements are made between the client and DAVID, only the current and
most previously released versions will be supported. It is expected that the client
understands that operating systems on the desktop and server, as well as transport
protocols and database software will need to be kept current. This software is licensed to
the client and the client is responsible for updating such software.
Client Requirements
In order to provide the best possible support, DAVID Corporation requires that the client
have a PC set up with the following software and hardware:
.
56.6 KB Modem
PCAnywhere 32-bit
Dedicated phone line for dial-up
Microsoft Access (applies to Renaissance only)
SQL Client Utilities (applies to Renaissance only)
.
.
.
.
Additionally, it is important that a PC with a CD-ROM or that FTP (File Transfer
Protocol) is available for receiving system upgrades. Occasionally, it may be necessary for
the client to upgrade the version of PC Anywhere. It is also possible that better means for
remote access will become available. DAVID will provide its clients with adequate
planning time to acquire these new products as necessary.
It is imperative that the support machine be a machine that the client's main system contact
can access so they may be able to demonstrate to the support technician the specific nature
of the problem at hand.
DAVID Corporation recognizes that many clients have alternative remote access
software. However, we have found that PCAnywhere and a direct dial in through a
modem is the most effective means of support. We are willing to discuss alternate
arrangements but, if acceptable, these may incur additional support fees. While security is
a primary concern, DAVID cannot support client-specific security devices such as IP
generators, dongles, or password generators.
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General Account Management
General account management is supplied to all clients under the standard maintenance
agreement. Requests for custom programs, reports, interfaces, additional training, and
data conversions can be placed to any Account Support Technician or your assigned
Account Manager. They will work with the client to determine job specifications,
determine costs and schedules, and oversee project activity. They are also available for
general inquiries about other DAVID products and activities as well as to discuss overall
account issues.
Other Services
DAVID Newsletter
Issued quarterly, the DAVID Newsletter updates clients about upcoming events
such as user group meetings, upcoming releases, and important regulatory dates.
The newsletter also includes helpful hints and tips on how to use DAVID's
products more efficiently.
Bulletin Board
Available through the internet, the DAVID bulletin board provides clients with a
forum from which to contact other clients to discuss common issues.
CUSTOM PROGRAMMING
Custom programming includes any work performed specifically for a particular client that is
outside of the existing standard system. Such work may include custom reports, forms,
interfaces, data extracts or imports, and/or screens. Support for custom programming is separate
from the standard product and is typically billed at the time of delivery of the custom program.
Custom programming support includes updates to the program necessitated by changes made in
the core system, any bugs that may be discovered following the installation of the custom work,
and usage questions. Modification of custom programs as requested by the client, for any reason,
is considered to be a new project and will be billed at the current hourly rate.
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