CM-2015-853 - 8/7/2015Multiforce Systems Corporation
Customer Support Services (CSS) Agreement Systems
Customer Name: City of Round Rock
Covered FuelForce System: FuelServe.net License
Unlimited Telephone Helpdesk
Support Period: August 01, 2015 — July 31, 2016
Covered FuelForce System:
✓ Remote help desk assistance
✓ Fuelserve.netTM web based software as a service
Services Provided by Multiforce
Multiforce Responsibility
The Multiforce Customer Service Department is Responsible for Customer's account to provide on-
going support and for assuring that all other support services are being provided to the Customer as
specified herein.
Remote Help Desk Assistance
Multiforce Help Desk personnel will supply technical support and assistance in the use of Multiforce
software or for trouble shooting hardware problems. Assistance may include communicating via
remote access terminal from Multiforce to the Customer's host computer or site controller.
The Customer System Manager should report a system related issue or question to Multiforce via
email to customersupportaa,fuelforce.com, which will generate a return email with an incident
number. Multiforce will assign the incident to a technical support person to address reported
problem within twenty four (24) hours of receipt of the email request. If the issue is time sensitive
(i.e. a technician is at the site working on a controller), the System Manager may also call the Help
Desk on the specified toll free number referencing the incident number.
Software Help Desk support includes correcting programming errors, explaining database
relationships, recommending operating procedures, and providing updates to the system. It does not
include on-site installation of updates.
The Customer System Manager must be trained on the use of the system. Help Desk Support does
not include telephone or on-site training. Training may be purchased from Multiforce as needed at
rates shown in Exhibit A.
The business hours of coverage for telephone assistance for software are from 8:00 AM to 8:00 PM
Eastern Time, Monday through Friday, exclusive of Multiforce holidays.
On -Site Assistance
While most software issues can be resolved by remote access, on Customer request Multiforce will
dispatch an authorized service representative (ASR) to a Customer site for on-site support at a
mutually agreed time. This agreement does not cover the cost of on-site support. The cost of on-site
visit will be quoted at time of request.
On-site assistance is limited to isolating, identifying, verifying and correcting problems associated
with Multiforce products. Multiforce representatives will not be responsible for third party products
or for Multiforce products, which have been modified by the Customer or installed improperly. The
cost to correct Customer or installer caused failures will be borne by the Customer.
Clients Utilizing FuelServe.net
For Customers that have purchased FuelServe, an on-line web based "Software as a Service" option,
the program outsources to Multiforce the costs, labor and daily administration of operating your
FuelForce Fuel Management Hardware. Multiforce will poll (either via telephone or cellular
modem) each FuelForce controller, then check and store the data in a central data warehouse.
Multiforce will provide you with a unique URL, your login and a password that will allow you to
access your data (which can include vehicle, driver, department, cards, keys, tank level sensor
information, and transaction records (reports)). You will also have access to the Summary
Dashboard information and your account information. The full FuelServe program includes
telephone support and the monthly backup of your data.
Support with Fleet Cards
For FuelForce systems that authorize transactions through a network provider (Concord EFS,
BuyPass, ADS, Paymentech,..), the Customer will be required to contact their fleet card company to
report and gain resolution on card and fueling authorization related issues. After reviewing a
specific situation, the fleet card company may contact Multiforce for assistance resolving an issue.
FuelForce® Software Updates
Multiforce will make software updates and general enhancements available to customers who have a
paid-up software support agreement. Update Release information, availability, installation and
documentation will be posted in an on-line knowledge base, which may be accessed by Customer
designated System Manager and a Back-up (Users).
Upon payment of the annual support fee and return of the signature page to Multiforce, the
designated Users will be notified by email on how to access the FuelForce® knowledge base and the
Ticketing System.
The Customer may change designated Users at any time during the term of this agreement by
sending an email of the signature page to customersupnort(a),fuelforce.com. Multiforce customer
support staff will revise the Customer's User(s) and email the new support persons a username and
password for access to the FuelForce® knowledge base.
A Customer User may download updates by following the instructions in the Knowledge base.
Multiforce will provide remote help desk assistance with the installation of a new release at no
additional cost. On written request, Multiforce will quote on-site assistance for loading updates,
which may be purchased by the Customer at rates listed in Exhibit A.
If Multiforce provides customized software for the Customer, subsequent updates and releases to the
base FuelForce® system will not impact the custom software. Multiforce will modify any of the
custom software to accommodate changes to the latest update. There may be a charge for any
modification made to the installed custom software at rates listed in Exhibit A.
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A Customer designated User may request a software update by sending an email to
customersupport(a,fuelforce.com with a Subject that includes "(Customer Name) Requests Current
Software Update". The User will receive acknowledgement by return email that includes a
Customer Support ticket number. The User will be instructed on how to download the latest release.
Normally, this is an easy process and will not require further assistance.
However, if remote telephone assistance is required to install a new version of software, the User
may request help by replying to the email string and a customer support representative will respond.
Multiforce supports any Microsoft* Operating System and SQL Server versions that are currently
under Mainstream or Extended Support. The Customer can learn which Microsoft products are
currently under Mainstream or Extended Support by visiting the Microsoft® Support Lifecycle
Website (h!M:Hsupport.microsoft.com/lifecycle/).
Software Manual Updates
The Customer's System Manager may download an electronic copy of the appropriate software
update documentation as Multiforce makes them available.
FuelForce® Hardware Maintenance (optional)
Multiforce will repair or replace any FuelForce® hardware component covered by this agreement
that has failed in service due to normal wear and tear during the term of this agreement. It does not
apply to parts showing evidence of damage caused by abuse, misuse, Force Majeure, spilled
beverages, poor packaging, dropping or mishandling system, installation of non-Multiforce
components, customer or third party modifications, improper repairs, extreme environmental
conditions, electrical failure, or negligence as determined solely by Multiforce.
To qualify for a no charge repair or replacement, the agreement must be paid in full for the term of
the agreement and the Customer must contact Multiforce via email to
customersupportna,fuelforce.com, and be provided by the Multiforce Customer Engineer with a
Return Material Authorization (RMA) ticket.
The Customer must reference the RMA number on the failed component and ship it postage paid to:
Multiforce Systems Corporation
101 Wall Street
Princeton, NJ 08540
The Customer is responsible for packaging the failed component in a manner that protects it from
further damage. If on inspection, the component appears to have been damaged in route to
Multiforce, the Customer will be charged for any repair or replacement required.
Multiforce will repair or replace the failed component within three (3) working days of receipt in
Princeton and will return it to the Customer defined shipping address via UPS Orange (3 day) service
at Multiforce cost. The Customer may request an expedited repair and/or delivery for additional
cost.
At the Customer's request and based on the availability of a replacement component, Multiforce will
ship a replacement against an RMA prior to receipt of the failed component. This will expedite the
service and provide packaging to help ensure proper protection of the returned failed component.
NOTE: If Muldforce ships a component against a known RMA, the Customer must return the
failed component within 10 working days or be charged for the replacement component.
Limitation of Service
Non -Qualified Products
The following Non-qualified products will not be covered under this agreement:
• Any item not manufactured and assembled by Multiforce
• Any product supplied by Multiforce, which has been modified by the Customer without
specific written authorization from Multiforce
• Customer provided network communication hardware and cables
• Specific Third Party items integrated with the FuelForce® System such as, but not limited, to
cell modems, bar code readers, proximity card readers, magnetic stripe card readers, RFID
wireless components, automatic tank gauging equipment, and GPS tracking systems, all of
which are covered by their Manufacturer's Warranty.
If the Customer does not allow Multiforce to incorporate engineering changes into products being
maintained under this service, said products shall then be considered non-qualified Products and
shall be deleted from coverage.
Support services provided for non-qualified products shall be subject to the rates listed in Exhibit A
should such service be required for a malfunction caused by non-qualified Product. Multiforce will
charge its commercially published rates for such extra service.
Non -Supported Software Versions
Multiforce will only support the latest software release and the one that preceded that release. Prior
versions are non -supported versions. The cost to upgrade the Customer's application program from a
non -supported to a currently supported version will be charged to the Customer at rates in Exhibit A.
It is the customer's responsibility to install any new software release on their network. This
Agreement includes telephone and remote computer assistance by Multiforce technical support staff
to assist with the installation if our representative is provided access to the Customer's computer via
modem. On-site assistance will be provided by Multiforce at the rates in Exhibit A.
End of Life (EOL) Components
At some point all computer systems reach the end of their business life. This can happen when the
component manufacture stops selling the component and does not offer a replacement that can be
used in the FuelForce® systems. Multiforce usually learns about an EOL component several months
to a year before it actually is no longer available. We make every effort to stockpile enough of these
components to meet our support needs for a year or more.
Customers with a hardware maintenance agreement will be given priority for EOL components; but,
eventually we must provide a new component to replace the obsolete one. When that happens, there
may be a cost to upgrade your system
Often parts become obsolete because a newer component with better performance or new features
replaces it. Multiforce takes advantage of these situations whenever possible to provide a better
performing system. This new system will be offered to our Customers who hold a Hardware
Maintenance agreement as a system upgrade at a discount in keeping with our long time goal of
making FuelForce® the "LAST FUEL MANAGEMENT SYSTEM YOU WILL EVER NEED TO
BUY!
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The price of the upgrade will vary depending on the cost of the new components and the value of the
new features. The new item will be covered for the remainder of the current term of the existing
agreement. Any change in support cost will not go into effect until the subsequent contract term.
Software Upgrades
In an effort to keep our Customers current with technology, Multiforce continues to develop new
software that improves the functionality of the system and offers improved value to the Customer.
Examples of FuelForce® software upgrades are the SQL Database upgrade, the Network
Communication upgrade; new Input options like Proximity Cards, and the Fuelserve.netm web based
hosting service upgrade. Unlike Software updates, the choice to upgrade to the new software or
service is up to the Customer and may require an upgrade fee.
Prerequisites
System Manager
A trained Customer System Manager responsible for maintaining integrity of the system's hardware
and software and a trained designated alternate (backup) must be identified as the customer contact
for Multiforce. Use of the Multiforce Response Center for telephone assistance and requests for on-
site assistance are limited to the designated System Manager or alternate if the System Manager is
unavailable.
The System Manager or backup may request that the Multiforce Help Desk contact a different person
such as a district fleet person, IT person or a service contractor to resolve a specific issue. An email
request to customersupportOc ftielforce.com will be created by the System Manager or backup
referencing the contact including name and phone number along with the description of the problem.
The ticket will be opened under the System Manager or backup. Replies will include any persons
who were copied on the email request.
Covers Purchased Software
Customer Support Service can only be purchased for Multiforce Systems for which the right to use
the associated software products comprising software licenses and limited rights to use, has also been
purchased.
Covers All Software Purchased
Customer Support Service if available must be purchased for all the Multiforce software products
that compose one computer system. Customer Support Service cannot be purchased for specific
software products while omitting others.
Current Release
Before Multiforce commences to supply Customer Support Services, all system software products
must be at the current or the most recently superseded release or revision level and must not be
modified in any manner by the customer or by a third party without written authorization from
Multiforce.
Additional Callers
Additional telephone assistance callers can be purchased as desired at rates in Exhibit A. However,
to be designated a telephone assistance caller; the name of each authorized caller must be identified
and must have been trained in the same manner as the original System Manager. Persons assigned to
a specific customer support ticket are not considered additional callers.
Responsibilities of the Customer
Reasonable Access
Customer shall provide Multiforce with reasonable access to and use of all information and facilities
determined necessary by Multiforce to support the products. Reasonable access means access via
remote modem using GoToAssist® or similar access tool. The Customer may restrict access by
requiring that Multiforce request permission prior to accessing the application. Without this type of
remote access, Multiforce will provide on-site support at rates in Exhibit A.
Handling Recovery of Lost Data
Customer is responsible for maintaining a procedure external to the products for reconstruction of
lost or altered files, date or programs to the extent deemed necessary by the Customer, and for
actually reconstructing any lost or altered files, date or programs.
Following Routine Procedures
Customer shall follow routine operator procedures as specified in the Multiforce Operating Manuals
for the products.
Customer Presence
A representative of the Customer shall be present at the site at all times service is being performed
by Multiforce. Multiforce personnel will not enter or remain at a Customer's facility in the absence
of Customer's personnel.
Proprietary Informa don
Customer is responsible for the safeguarding of its proprietary and classified information. However,
both parties are responsible to safeguard Confidential Information that comes to be known by reason
of work under this Agreement. Each party will use the same standard of care, and will bind their
employees, agents, or representatives to such standard, to prevent disclosure of such proprietary and
classified information as each uses to protect its own confidential information and trade secrets.
Software Use Limitations and Copyright Restrictions for Object
Code Updates
Right to User Limitations and License Grant
Customer is hereby licensed the right to use the updates to or derivatives of the products covered by
this service on one computer system with no time limit. No title to or ownership of the software or
any of its parts covered by this service is hereby transferred to the Customer. Customer's right to use
shall at all times be subject to the use restrictions and copyright restrictions specified herein.
Copyright Restrictions
All updates to or derivatives of the Multiforce computer software provided by this service are
copyrighted, and may not be copied except for archival purposes to replace a defective copy, or for
program error verification by Customer. Multiforce copyrighted materials may not be copied into
any media (e.g. magnetic tape, paper tape, disc memory cartridges, Read Only Memory etc,) for any
other purposes.
The authorization to duplicate copyrighted materials hereunder shall not be construed to grant the
Customer or Customer's customer the right to use Multiforce copyrighted material in any manner
other than that which is provided in this agreement or otherwise approved in writing by Multiforce.
The Customer agrees to label each copy of the updates to or derivatives of the software with the
following copyright notice:
"Copyright Multiforce Systems Corporation, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000,
2001,2002-2012 Copy made by permission of Multiforce Systems Corporation."
I. Term and Billing
This support Agreement covers the period described in the attached FuelForce® Support Invoice.
Customer shall make payment for the support services annual fee on an annual basis within thirty
(30) days of receipt of the invoice.
Payment of invoices presented prior to the next coverage period will indicate contract renewal.
Additional support services may be added to this agreement during the coverage period. The cost of
these additional services will be prorated over the remaining portion of the coverage period.
H. General
A. Affirmative Action in Employment
Multiforce shall not discriminate against any worker, employee or applicant, or any member of the
public, because of race, color, religion, gender, national origin, age or disability nor otherwise
commit an unfair employment practice. Multiforce will take affirmative action to ensure that
applicants are employed, and employees are dealt with during employment without regard to their
race, color, religion, gender, age, or disability. Such action shall include but not be limited to the
following: Employment, promotion, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training;
including apprenticeship as well as all labor organizations furnishing skilled, unskilled and union
labor, or who may perform any such labor or services in connection with this Agreement.
B. Availability/ Usability
Multiforce will use reasonable efforts to work with Customers to maintain equipment and services,
but cannot guarantee availability of equipment or services and is not responsible for any defects that
may exist in its equipment or services or for any losses or consequential damages Customers may
incur as a result of using its equipment or services. Customers should not assume that the FuelForce
system is error free, nor should you assume that it is suitable for your particular purpose. Multiforce
does not warrant any software or services that it makes available to you and you use it (or them) at
your own risk.
C. Internet
Multiforce assumes no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or unauthorized access
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to, or alteration of, entries or transactions, except to the extent such problems are solely caused by a
defect in the Multiforce software or equipment. Multiforce is not responsible for any problems or
technical malfunction of any telephone network or lines, computer on-line systems, servers,
computer equipment, or software. Further Multiforce assumes no liability for any losses related to
the above outlined failures.
D. Limitation of Liability
IN NO EVENT WILL MULTIFORCE BE LIABLE TO THE CUSTOMER OR ANY THIRD
PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
HARDWARE OR SOFTWARE OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF
MULTIFORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MULTIFORCE'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER
THIS AGREEMENT WITH RESPECT TO THE HARDWARE AND SOFTWARE AND
DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT
IN NO EVENT EXCEED $1000. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
E. Requests for Multiforce to Consider Adjustments to This Agreement
In the event that you require changes to this agreement, please send an email back to our staff so that
we can provide you with the "Procedure For Handling Requests For Adjustments to Multiforce
Contracts". This short document will explain the process for requesting a change and outline the
costs that will be incurred to request the review of your proposed changes.
Multiforce Systems Corporation
Annual Customer Support Services (CSS) Agreement
Please complete and email one copy of this form to terrid(c-u fiielforce.coin or fax to (609)497-2953
Customer Name: City of Round Rock
Covered FuelForce System: FuelServe.net License
Unlimited Telephone Helpdesk
Support Period: August 01, 2015 - July 31, 2016 %
Agreed to this, (A Day of A 2015
Authorized Customer Represe tative Email
Customer (Your Company or E tity Name)
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Address for Invoicing
9 01 L U, 44, {fie �erSdN �L
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City State Zip Code
Address for Shipping
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Naming % a r f k4t l (e e!4 ,Olcff as System Manager Phone # S / ? ' Z (8- 5S9 /
Email Address rM_rey,,o (cis Q rou-d rog-K F-enas.� oV
Back-up System Manager ICI C k �ar�bp r
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Accepted this day of / / 2015
By: Multiforce Systems Corporation
Terri DICICCO, Acco KRing Manager
Signature
Cell # 3-12 y'F3Co
Phone# 57/2 - 6 71::ZV y
Cell# 6-/2 - V qY- 7N
Rates for Services as of January 1, 2015
The following rates apply for programming, training, and on-site services provided by Multiforce
under the Customer Support Services (CSS) Agreement:
Customer Support Fees
System Programming
System Analysis
Training (on-site)
Training (telephone)
Additional Customer Callers -
(See attached invoice or quote)
$895 per day + expenses
$1050 per day + expenses
$995 per day + expenses
$105 per hour (1 hour minimum)
$50 per caller per month
Request to be an "Additional Insured" on our insurance policy $150 per year
Other Insurance Related Requests (TBD depending on cost of the requested feature.)
Request to Review Changes to the Contract Language $750
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