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ONE CALL CONCEPTS, INC.
2025 CENTRE POINTE BOULEVARD #310
MENDOTA HEIGHTS, MN 55120
612-454-8449
Support Agreement
with
City of Oak Park Heights
14168 57th Street North
Oak Park Heights, MN 55082
612-439-4439
SCOPE OF AGREEMENT
It is the intent of this Agreement that One Call Concepts, Inc. ,
hereinafter referred to as "OCC, " will maintain the products
covered hereunder in good operating condition and be responsive
to Buyer's maintenance needs subject to the following terms and
conditions.
TERM OF AGREEMENT
The term of this Agreement shall be from January 5, 1996,
through January 4, 1997.
OCC'S RESPONSIBILITIES
OCC will provide verbal consultation to the Buyer relative
to any required clarification of OCC's user manuals; or to
provide information on any aspect of the product's functionality;
or to discuss any requested enhancement or modification to the
product between the hours of 1: 00 and 4: 00 p.m. , based on the
time prevailing in Mendota Heights, MN. Any such consultation
which occurs outside of this timeframe is not covered by this
Agreement and is, therefore, billable at $60. 00 per hour, with a
one hour minimum charge with 15 minute billing increments
thereafter.
OCC will provide remedial maintenance when notified by the
Buyer that the product is not functioning in accordance with
OCC's established operating specifications. Such notifications
can be made at any time between the hours of 8 : 00 a.m. and 5: 00
p.m. , based on the time prevailing in Mendota Heights, MN.
Initial response time (the time between Buyer's notification and
OCC personnel 's first response to ascertain the nature of the
problem) to Buyer's request for remedial maintenance shall be
within four business hours from the time the request is made to
OCC.
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Support Agreement
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OCC will make available to the Buyer any revision or
enhancement which becomes a standard part of the product. OCC
will also make available to the Buyer any corresponding revisions
to the appropriate user manuals.
REMEDIAL MAINTENANCE
Upon receiving a request from the Buyer for remedial
maintenance, OCC shall respond in any of the following manners:
1. Provide verbal instruction to the Buyer to resolve the
problem.
2 . Communicate remotely with the software/hardware via a
compatible telecommunications link.
3 . Dispatch a Software Support Technician to Buyer's
location for on-site diagnostics.
After evaluating the Buyer ' s request for remedial
maintenance, OCC shall provide the buyer with one or more of the
following responses:
1. Perform an interim or permanent fix to the problem.
2. Attempt to replace the defective software or part via
an overnight shipping service.
3 . Advise the buyer that the malfunction is not
reproducible and to recontact OCC when and if the
problem reappears.
4. Advise the Buyer that the problem is the result of user
error.
5. Advise the Buyer that a condition exists which is
external to OCC's products and, therefore, is not OCC's
responsibility.
In the event that OCC responds to the Buyer 's request for
remedial maintenance in accordance with items four or five above,
OCC's support for that occurrence shall be considered outside of
the services provided under this Agreement and, at OCC's
discretion, any such support shall be billable at $60. 00 per
hour, with a one hour minimum charge with 15 minute billing
increments thereafter.
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Support Agreement
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In the event that OCC responds to the buyer' s request for
remedial maintenance in accordance with items one or two above,
OCC shall pay for delivery shipping and Buyer shall be
responsible for return shipping when necessary.
BUYER'S RESPONSIBILITIES
Buyer agrees to pay OCC $225. 00 per year for services
provided under this Agreement in accordance with the purchase
agreement between OCC and Buyer dated January 5, 1996.
Buyer agrees to provide and maintain telephone service and
appropriate equipment for use by OCC in establishing a remote
communications link. Responsibility for expenses incurred by OCC
in performing such a remote communications link will be borne by
the City of Oak Park Heights.
Where OCC and Buyer deem it necessary for OCC personnel to
be dispatched to Buyer's location, Buyer agrees to reimburse OCC
for the actual costs of the technician' s transportation, lodging,
meals, and related portal-to-portal subsistence expenses. Buyer
further agrees to provide, at no charge to OCC, full access to
the items covered under this Agreement; adequate working space;
and use of any machines, attachments, features, or equipment
necessary for the specified maintenance services.
Buyer agrees to assist in the installation of any items
shipped to the Buyer by OCC. (See OCC's responses to Remedial
Maintenance. )
Buyer agrees to obtain updates, revisions, and enhancements
to any software, firmware, or hardware not provided by OCC but
utilized in conjunction with the products provided by OCC when,
in OCC's reasonable opinion, such upgrades are required to
maintain those items covered under this Agreement.
NOTIFICATION
Buyer agrees to notify OCC for matters that are covered
herein utilizing the following contact phone number: 612-454-
8388 or via written correspondence addressed to:
One Call Concepts, Inc.
2025 Centre Pointe Boulevard #310
Mendota Heights, MN 55120
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SELECTED COVERAGE
This Agreement covers the following OCC products:
Microbilt printer
GENERAL
With respect to the movement of any product to a new
location, OCC reserves the right to protect the product's
integrity which includes, but is not limited to, proper backup of
software prior to the product's movement and reinstallation.
OCC shall not be obligated to provide support should such
support be required because of any modifications made or
attempted to OCC's product(s) by other than OCC's designated
support technicians. Furthermore, any such modification, either
performed or attempted, shall immediately terminate this
Agreement in its entirety and terminate the right to use the
product.
Enhancements or modifications requested by the Buyer are not
included under this Agreement. Such modifications are available
on a time and material basis.
Neither this Agreement, nor any rights hereunder, may be
assigned or otherwise transferred by Buyer without prior written
approval from OCC.
EXCLUSIONS
OCC's obligation to provide maintenance services covered in
this Agreement is contingent upon the proper use of all OCC
products. OCC shall not be obligated to provide maintenance
because of failure of the buyer to provide a suitable operating
environment or use of operating supplies which do not meet OCC's
specifications.
LIMITATION OF LIABILITY
OCC will not be liable for any special, indirect, or
consequential damages hereunder including, but not limited to,
the loss of data or information of any kind, profits, use of
products, however caused. OCC will not be liable foa any failure
or delay in performance due in whole or in part ,-) any cause
beyond the reasonable control of OCC.
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ENTIRE AGREEMENT
This Agreement represents the entire agreement between OCC
and Buyer, superceding all prior maintenance agreements
previously entered into. If any provisions of this Agreement are
declared void or voidable, such provisions shall be deemed
severed from this Agreement which shall otherwise remain in full
force and effect.
WAIVER
No waiver of a breach of any provision of this Agreement by
either party shall constitute such party's waiver of any other
breach.
HEADINGS
Paragraph headings and other headings herein are for
convenience only and shall not constitute a part of this
Agreement.
One Call Conce ts, Inc. Buyer
Siature Signature
Administration
Title Title
December 18, 1995 /,2
Date Date