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029-19 - SwiftComply/XC2 - ContractMAINTENANCE / TECHNICAL SUPPORT Renewal Form SWIFT 0CMPLY Your Renewal Date is: 05/01 /19 City of Port Orchard, WA Includes: 1-800 Live/Toll-Free (800.761.4999) Telephone Support - Remote Support All program Updates to XC2® Software available by download from our website California customers needing an update CD are subject to sales tax. Exception: all U.S. Government Agencies needing an update CD are not subject to sales tax. --------------------------------------------------------------------------------------------------------------------------------------- SwiftComply/XC2* 725 Center Blvd Fairfax CA 94930 Return Completed Renewal Form via E-Mail (sara.engle@xc2software.com), Mail, or Fax: 415.258.9561 " NOTE THAT SWIFT COMPLY HAS ACQUIRED XC2 SOFTWARE AND IS NOW YOUR SERVICE PROVIDER Your Products: Code Name (Oty Recs Qty Users XC2-OX-BFP-XXX XC29 Backflow Prevention Software I Concurrent User 1,000 1 Price BEFORE Price BETWEEN Please indicate length of contract: 051 1119 /01/19 - 7/30/19 *1 Year Maintenancerrech Support/Updates $783 $1,000 ❑ *2 Years Maintenance/Tech Support/Updates $1,500 $1,725 ❑ *3 Years Maintenance/Tech Support/Updates $2,200 $2,425 Save $66 on a 2 Year Contract! Save $149 on a 3 Year Contract! Customer shall be invoiced upon receipt of purchase order or contract for the entire period of the contract, including multi -year contracts that include discounts. Customer agrees to pay the entire amount of the invoiced contract at the beginning of the contract period. Canada and State f Washington Customers: Include Applicable Sales Tax on 50% of Renewal Cost on your purchase order: (Maintenance i ° of Co - Support i ° of Co - Support is Non -Taxable). Canada include GST/P T onl $ 783.E =2 = $ � 1 •� X -io = $ �•2 ' 1 .� (D Contract Amt. ® Amt. of Maint. ® Tax Rate ® Tax Amount © TOTAL LINE 1 + 4 Name: (Designated Contact Person) Purchase Order# Phone: Date We accept payment by check ACH/Direct Deposit or credit card *Please SignPlease Sin and Return -the Attached mpintenance/Support Agreement with Order Customer is responsible for and agrees to pay any and all sales or use taxes or any penalties due to late or non-payment of those taxes imposed at any time whatsoever on this transaction. The exhibits and schedules referred to in this agreement are to be included and constitute an integral part of this agreement and are deemed to be included in any purchase order resulting from this proposal. Maintenance / Support Agreement MCLti XC2, A Division of SwiftComply Maintenance (Software Updates) and Support is provided on a contract basis Maintenance and Support is available for terms of I to 5 years, Unless you notify SwiftComply at least 30 days prior to the end ofyour term, this Agreement will automatically renew for another term of the same length (each "Renewal Term"). All fees for each Renewal Term will automatically increase by 2.5% PER YEAR. XC20 Software Maintenance/Support Includes Basic XC2 Maintenance/Support will be made available to Customer throughout the contracted term at the price quoted. Customer must pay for the entire contract period at the beginning of the contract to receive multi -year discounts. Basic Technical Support for the use of XC2 will be provided by XC2 Software, LLC technical staff between the hours of 7:00 AM and 4:00 PM Pacific Time, In the event that a technical support staff member is not immediately available, a technical or customer service staff member will respond within 24 hours. This time is usually much less and averages between 1 and 4 hours. Technical support is available by telephone (Tall -Free in U.S.), fax, email and remote support. The basic XC2 Technical Support program provides technical assistance regarding the direct use of XC2 to manage the customer's programs, e g , backflow prevention, FOG management, hydrant management, valve maintenance, meter testing, etc. This includes all standard functions and features listed in the XC2 Documentation, including: Installation and updates to Software Adding/modifying records: (examples) Backflow: Devices, Facilities, Tests, Surveys, Testers, Test Kits, etc. FOG: Interceptor records, Inspections, Inspectors, Waste haulers, manifests, etc - Hydrant, Meter, Valve, Reclaimed, etc - Searches (Query) for lists of records Creating and Sending Notices, Follow-up Notices, Notices of Violation Printing: Test Forms, Envelopes, Labels, Reports, etc., including "Quick Reports" and Exporting Administrator Setup and Functions, Preferences and Resource/Lookup Lists Setup Creating and modifying merge letters, setting up automatic notices Creating Scheduled, Exports, Saved Searches, List Views Initial installation on servers and workstations Setting up the embedded XC2 backup procedures Installing updates from our web site Note: Updates are available on an on -going basis We recommend installing the updates every 3-4 months to take advantage of the new enhancements, features and functions that are constantly being added to XC2 Moving XC2 from one server and/or workstations to another Setting up XC2 DataSync (for licensed systems) Recovering the data file from an "XC2 Backup" file Assistance with your "Update from Billing" process (for licensed systems) Includes updates to XC2 Software, and the embedded database engine, available by web download only. Updates to the XC2 program: NOTE: Updates to XC2 Software will ONLY be available via a download from the XC2 Website - call or email for instructions Exception: This does not apply to any U S Government Agencies needing an update CD due to security restrictions for downloading from websites. California Customers will not be charged Sales Tax for the maintenance portion of their contract provided no tangible material, e.g. CDs, written manuals, etc. are provided to customer. California customers needing an update CD may be subject to sales tax. Importing XC2 Data from or interfacing with external systems: The standard XC2 maintenance/support contract does not include assistance with importing or interfacing XC2 data with other programs or systems unless specifically stated in this contract or an additional specific service contract. 3rd Party Web Users: The standard XC2 maintenance/support contract does not include assistance to 311 Party users of the web -based functions of XC2 Web, e.g. Testing Contractors using your XC2 Web interface for Backflow Test Entry. Accessing XC2 data from external systems, databases, GIS, applications: XC2 Software provides a free ODBC driver for XC2 Server (requires XC2 Server version). Standard XC2 support does not include assistance with accessing XC2 data from other systems beyond assistance with providing and installing the ODBC driver. It is assumed that Customer staff is familiar with ODBC data sources and SQL language. XC2 Staff can answer table and field specific questions regarding the data structure of XC2 and locations of specifically requested data, A datastructure document is available on-line via the XC2 Knowledge Base. This is an html document with a list of all tables, field names, field data types, triggers, relationships, indices and field attributes - Assistance with items not included in the standard support contract may be available with an additional specific service contract. Expired Maintenance/Support Contract: XC2 Staff will not be able to provide assistance without a current maintenance/support contract- This includes any type of assistance including but not limited to, moving the program to another computer, downloading the installers, re -installing the program, lost data, forgot user log -in or password, questions about the structure of the data, data entry, reports, exports, or any issues associated with using the program, et al. However, assistance may be available on a per incident basis, for a fee, depending upon the nature of the request. In some cases, XC2 Staff may not be able to provide assistance with older, non - supported versions. Updates to the current version may be available fora fee without an ongoing support contract. These types ofupdates are available with limited time support, determined at the time of the purchase of the update. Swiftcamniv SwiftComply acquired XC2 Software as of 1/1 /2019. By executing this Agreement, you consent to the assignment of your agreement with XC2 Software to SwiftComply. As noted above, unless you notify SwiftComply in writing of your election to terminate this Agreement at least 30 days prior to the expiration of the then current teen, it will automatically renew for a new term. SWIFTCOMPLY CUSTOMER By: Michael O'Dwyer Title: CEO By: e Pl,crfnSuur Title: