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HomeMy WebLinkAboutRES NO 210-202121 0-2021 RESOLUTION NO_ RESOLUTION DETERMINING THAT FASTER ASSET SOLUTIONS SOFTWARE (FASTER) CANNOT BE REASONABLY OBTAINED THROUGH USUAL BIDDING PROCEDURES BECAUSE OF THE NECESSITY TO INTEGRATE WITH EXISTING EQUIPMENT AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREOF, NOT TO EXCEED $166,000_ WHEREAS, the Fleet Division currently uses FASTER Win software for doily operations related to equipment inventory, maintenance, and repairs; and WHEREAS, FASTER Asset Solutions has submitted a quote for web -based upgrade of the software, attached hereto as Exhibit A; and WHEREAS, Bakersfield Municipal Code Section 3.20.060(x) (2) allows the City to dispense with bidding when it is determined that work, supplies, equipment or materials con only be reasonably obtained from one vendor because of the necessity to successfully integrate such work, supplies, equipment or materials into on existing city project or system; and WHEREAS, the Public Works [Director recommends the Council find the purchase of the FASTER software can only be reasonably obtained from FASTER Asset Solutions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1 _ The above recitals are true and correct cond incorporated herein by reference_ 2_ Based on the facts included in the above recitals, the purchase of the FASTER software con only be reasonably obtained from FASTER Asset Solutions. 3_ The expenditure of funds for the required software shall not exceed One Hundred and Sixty -Six Thousand ($166,000)_ �p P. K49� -Page 1 of 3 Pages- o �, ORIGIN ALS 4. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 (D) (2) of the Bakersfield Municipal Code. 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval. ••I.• -Page 2 of 3 Pages - .N_ m ~' r 'ORIGINAL' HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 17 2021 by the following vote: ✓ ✓ ✓ ✓ ✓ ✓ ✓ AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER J LIE DRIMAKIS,/ IMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOT 17 2021 By KARIFN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY de A� SHUA H. RUDNICK outy City Attorney -Page 3 of 3 Pages - F- rm- OORIGINAL FASTER FASTER Asset Solutions For: of Bakersfield, CA Date: 15, 2021 Software Consultant: Mike Brawley EXHIBIT A Perpetual License Pricing Summary Pricing in this proposal is valid for 60 days. Upgrades & Support Total Upgrades & Support Total o��AKF9�-c� > rn F- r `ORIGINAL FASTER FASTER Asset Solutions reated For: ity of Bakersfield, CA 15, 2021 Software Consultant: ike Brawley Statement of Work (SOW), Pricing, & Payment Terms Pricing in this proposal is valid for 60 days. Qty Description F co SYVt6. 001 - Software Cost: Standard Active Assets: This price includes up to quantity listed standard active assets (which are defined as originally 1,500 valued at $5,000 or greater and active). Each additional asset will be $75.00. $112,500 This includes one instance of the FASTER Web Application with one database. Unlimited user access (named accounts) included. Add -oars 207nc - Dashboard (See Offsetting Discount Below) The Dashboard add-on provides easy access to an at -a -glance overview of key performance 1 indicators and data for your organization. The FASTER Dashboard is designed to give fleets a way $10,300 to monitor performance, communicate, and make quick decisions about their operations. It ' comes with 20 Key Performance Indicators (KPIs) charts within the Dashboard Add-on, which includes the 8 module landing charts available within FASTER Web which can also be accessed via the Dashboard for one convenient high level overview. 208: Barcoding Add-on: The FASTER Barcoding Add-on provides the ability to scan and print labels (hardware is not included). This module allows for ease of data entry as well as inventory control. It also is 1 beneficial when an in-house numbering system is in use, scanning either the in-house label or the $6,180 OEM label. •Simplifies inventory and intake processes for inventory items and storerooms. •Quickly scan incoming inventory with 2D or Symbology - Code 128 barcodes. *Reduces data errors that occur with any manual data entry process. *Print barcode labels for items, including labels for a range of items simultaneously. ``gAK' 9q o T Co ORIGINAL� �AKF9 > rn F- r `ORIGINAL 301 - Single Vendor Fuel Import (New Vendor or New File) - Existing Customer: This is a single vendor fuel import for an existing customer who has been live on a FASTER product for more than 6 months. This pricing is for either: 1. To import a new fuel vendor fuel transaction file. 2. Or, to import a new fuel file from your existing vendor. The Fuel Import (FI) is a COTS add-on. It is a robust yet inexpensive way to import data from a Fuel System Vendor (FSV). It requires significant configuration and testing by FASTER. Below are 1 important items the customer will need to provide for FASTER to configure, test and deploy: $3,605 1. FSV Fuel File Layout Definition - This is the layout for the export file you plan on receiving regularly from your FSV. It defines your fuel export file's columns, positions and/or delimiters (if used). 2. Fuel System Export Files - Live production export files from the fuel system, including the complete disbursement transaction data. A minimum of 100 transactions will be needed for proper testing. The export files generated from your fuel system must be flat files, not reports, and not generated in Microsoft Excel. It is important you ensure your FSV does not change this export file as any changes may require additional configuration and testing. 3. Completed FI -Customer Configuration Form -This is a detailed form that assists you in providing all the information required for the FI to be configured and tested properly. 303: Single Vendor Fuel Import Site and Dispenser Supplemental 1 This is an optional add-on to the COTS Fuel Import (FI) to enable you to track the fuel site and/or Included dispenser from which your fuel came from. • Allows configuration to track Inventory Items so fuel imports deplete quantity from inventory. UYt t"W4+b "O"s 330m - Migration Win to Web Reports: The below list of FASTER Win report(s), which were developed using Crystal Reporting Services, will be used as a template to build each corresponding report using the FASTER Web Reporting tool. This cost is discounted to reflect that FASTER is doing no requirements, specification or approval process related to these reports. The stored procedure and RPT file will be used as a template. FASTER will re -construct this report for use in FASTER Web and deliver the report(s) at Soft Go -Live for customer testing. This does not include any modifications to these existing report(s). If modifications are desired, the process involved to facilitate understanding and approval plus the additional work required will lead to added cost. (Please Note: if you export any reports using the Excel - Data Only option in FASTER Win, you will need to request a custom export for FASTER Web to ensure you get data exported the way you want.) Because FASTER Web has a more structured database than FASTER Win, there may be some differences between FASTER Web's and FASTER Win's report design. Therefore some FASTER Win custom reports will not be exactly the same when reproduced in FASTER Web. 1 Migrate accounts from Win to Web into custom tables and/or custom spec table. $1,500 1 Create custom trigger and all other associated database objects for trigger to work. $5,400 1 Generate a SSRS report to export data in a fixed length format (FASTER.DAT Win $4,500 export file). New billing report BAK560e ' 1 BAK3550 & BAK3551 will be combined into single billing report. $4,500 1 BAK3552 & BAK3553 will be combined into single billing report. $4,500 1 BAK3598 $4,500 1 BAK3221 $6,000 �AKF9 > rn F- r `ORIGINAL Win to Web Reports Total $30,900 408 - Migration Data Conversion: The Migration Data Conversion Product is used for migrating data from COTS FASTER Win to FASTER Web. It does not include migrating data that relates or is the result of a use of FASTER Win Add -On unless specifically noted. For example, item 2 of the appendix identifies that if you 1 have the graphics add-on, then all your graphics will be brought over with the migration. $20,000 A Migration Data Conversion does not migrate data that is uniquely associated with the customization you have. This will need to be addressed separately and potentially as an additional custom migration. The attached appendix "Migration Data Conversion Product" is an outline of the categories of data that will be migrated during the Migration Data Conversion. 405 - Data Cleanup: If the data in the current system is in need of correction prior to the extraction, the customer will be responsible for data correction that takes place in the legacy system. (However, as part of the 1 implementation process, FASTER Fleet Consultants will provide advice and guidance related to n/a data correction.) For customers who maintain reliable data, there should be no need for data correction. However, if past practices or flawed conversions permitted incorrect data to be entered in the current system, it is advisable that the customer correct this prior to the extraction process beginning. Training 511a - System Overview Meetings (SOM): 1 System overview meetings take place via live, remote web -based sessions. They consist of two, 4 $3,300 hour meetings that will occur on the same day or two consecutive days where the customer will ensure key users are able to participate. 511b - Configuration Training 1 This takes place via live, remote, web -based sessions. It consists of two 4 -hour sessions that can $3,300 occur on the same day or two consecutive days. (If you bill by account -code, there will be a third session that will also take 4 -hours.) 512 - System Training/Go-Live: This training includes the below training agenda. 1 See Below Because training is hands-on, the maximum class size is 20 attendees and includes a single training location. Additional training sessions and trainers can be added at an additional cost any time up to 4 -weeks prior to your go -live. 512a - Go -Live Week System Training - Asset Module (4 Hrs): 1 $2,200 Should include FASTER System Admin and Asset Managers. 512b - Go -Live Week System Training - Maintenance Module (4 Hrs): 1 Should include FASTER System Admin, Maintenance Supervisor, Service Writers and/or $2,200 Technician who will create work orders. �PK�9s� m r r p `ORIGINAL ogPKF9s I r `ORIGINAL 512c - Go -Live Week System Training - Inventory Module (4 Hrs): 1 $2,200 Should include FASTER System Admin, Parts Staff and Parts Managers. 512d - Go -Live Week System Training - Fuel Module (1 Hr): 1 $550 Should include FASTER System Admin and Fuel Clerk. 512e - Go -Live Week System Training - Vendors & Accounting Modules (1.5 Hrs): 1 $825 Should include FASTER System Admin, Accounting Staff and Parts Managers. 512f - Go -Live Week System Training - Technician Workstation (2.5 Hrs): 2 $1,375 Should include FASTER System Admin and Technicians. 900 - Existing WIN Customer Discount i -$11,250 Discount for Existing FASTER WIN Customers 904 - Slotting Discount: FASTER does not hire outside trainers or consultants to provide training and assistance to you when implementing FASTER. We use our own team of highly experienced professionals. This provides a much higher quality implementation than our competitors who do not maintain as large a staff to support their customers. In addition, because of FASTER Web's preeminence we have record numbers of new customers. And we attempt to give customers the maximum amount of flexibility during the implementation. i As a result, we have periods during the year that are very busy and others where some of our -$12,000 Implementation Team will be waiting on customers and have idle time they can devote to other projects. Therefore, we offer a group of customers this slotting discount in exchange for permitting us to flex some of their implementation tasks around the needs of other customers. This discount will apply should you agree to permit FASTER to determine the timing of implementation tasks and agree to provide a PO and start your implementation by November 22, 2021. Due to the time sensitivity of this, a PO will need to be received or a contract will need to be signed by November 22, 2021 or this offer will expire due to other customers who are interested in this slotting discount. 1 905ec - Existing FASTER WIN Customer Dashboard Discount -$10,300 Software & Services Total ogPKF9s I r `ORIGINAL 801 — Upgrades & Support: Annual support services apply to FASTER Web and its Add -Ons and Customizations. FASTER Win will continue to be supported until the Customer Go -Live on FASTER Web. FASTER Win will no longer be supported after FASTER Web Go -Live. Further, since FASTER Web is frequently 1 enhanced, it is likely that by the time the Customer goes live on FASTER Web, there will be an enhanced version of FASTER Web available which can immediately be upgraded to so to get the $32,69 benefit of FASTER Web's enhancements. The FASTER Web Upgrade & Support fee will be due upon software delivery of FASTER Web. Any months remaining on FASTER Win support will be deducted from this fee. After the first year, support costs will increase at 3% annually. Upgrades & Support Total . SchedulePayment MilestoneAmount - Due Upgrades & Support Due Upon COTS Software Delivery Upgrades $32,697 30% Software & Services Due Upon Purchase Confirmation $49,766 30% Software & Services Due Upon COTS Software Delivery $49,766 20% Software & Services Due Upon COTS System Overview $33,177 20% Software & Services Due Upon Delivery of Converted Data and Go Live $33,176 Hourly Work: Billed monthly TBS o``gAKF9� 'ORIGINAL Annual Optional Add-ons SupportCost Cost Training 512g - Go -Live Week System Training - Additional Trainers (TBD): The above training costs provide for one trainer the week of go live. One trainer can provide one session of each of the above hands-on, user training sessions with the exception of the Technician Workstation. (Two Technician Workstation sessions can be accommodated by a single trainer.) If you determine your training needs require additional training sessions due to shift work or other needs, an additional FASTER trainer can participate during the week of go live for an added cost. Therefore, it will be important for you to determine the total number of training sessions and trainers you will need in order to then calculate your total training cost. Each of the above training sessions are role -based. So it should be easy to determine how many staff you have for each role. Typically the largest training sessions are the Technician Workstation and Maintenance Module. Please remember that you may want your Technicians to attend more than the Technician Workstation training module. 1 To calculate your additional training costs: TBD n/a -- The cost (including room, board and travel) of the 1st trainer is included in the above costs. -- Travel, room and board will be a flat cost of $1,000 for each additional trainer. -- To calculate session costs, multiply the number of additional training sessions you need of each of the above session options by the cost of the training module as listed above (module session cost times how many instances of that module session you require). -- The above flat fee for travel, room and board of each additional trainer as well as the fees for the above training assume that training sessions will be held consecutively so as to minimize the number of days a trainer would need to be at your location. It also assumes there is no weekend stayover. If training will begin one week and extend into the next week, an additional $1,000 per trainer would apply for travel, room and board ($1,000 flat fee per trainer times the number of business weeks spanned). 6AKF9T ORIGINAL' The data migration process begins by FASTER creating and testing a test FASTER Web database. This test migration database is called a soft go -live database. You will be provided this soft go -live database for review and approval. Later, one week prior to go -live you will be able to provide to FASTER another FASTER Win database so new transaction data can be included in the final go -live database. Once FASTER begins the migration work, you cannot do data cleanup or change data in FASTER Win in any way other than to add transactions. If you do, you will risk your migration project timeline and could cause corruption or bad data or cause your organization to spend a great deal of time reversing those entries or create added cost. Prior to submitting your FASTER Win data for migration, you will want to ensure all of your data is clean and consistent. It is important you consider the below information to prepare your FASTER Win data for migration. Important Note: There is currently a migration path from 5.69BR2 and above to FASTER Web. If you have a version of FASTER Win that is prior to 5.69BR2, you will need to upgrade to the latest version of FASTER in order to migrate to FASTER Web. IFASTER Web Handles Data Differently I FASTER Web is a separate, distinct product from FASTER Win. It was designed to provide the best practices for a fleet's future needs. This means that some of the fields, forms, and processes of FASTER Win have been modified or changed. Instead of building FASTER Web to be similar to FASTER Win, we felt that building the best product (even if it deviated from FASTER Win) is what our customers needed. Therefore, please review the FASTER Web product and make sure that you are comfortable with the fact that some fields, forms, and processes are different. Below is a summary of some of those differences: Field Names Some field names have shifted in FASTER Web. A few examples of this include: • Company changes to Organization • Independent Issue changes to Direct Charge • Equipment changes to Asset • Table Look Up is now Fields Applets No Longer Standalone In FASTER Web, Applets have been consolidated into modules that represent roles. For instance: • Work Order, Independent Parts Issue, Shop Floor Manager, Task Lists, and Indirect Labor Editor. These applets are in the Maintenance Module of FASTER Web. • Part Inventory, Part Processing, Key Change and Parts Lists. These applets are in the Inventory Module of FASTER Web. • Equipment Inventory, Equipment Template, Equipment Ownership, Warranty Tracking, and Key Change. These applets are in the Assets Module of FASTER Web. Process Changes • General o Table types are now called Fields and have had their descriptions extended in length. Overall, descriptions are the information you will use to interact with FASTER Web, rather than codes. o Field relabeling functionality is limited to specific fields in FASTER Web; however, the relabeled fields will carry through to the Reports. • Assets o Lifetime Warranty cycle type 'L' will be migrated to FASTER Web as a warranty with a cycle type of 'Y' for Years and the Cycle Length in FASTER Win will be migrated over directly to FASTER Web's cycle length. �AKFq a s� F- m 'ORIGINAL • Inventory o FASTER Win's One Step has been superseded by FASTER Web's Finish - Close and Receive Order for improved accuracy and accountability. • Maintenance o Work Order Other Cost no longer requires a Repair Type. Therefore, the Asset History totals in Web do not consider the Repair Reason code from Win. All Work Order Costs are now displayed in the Other Cost' column in Web. o FASTER Web does not provide batch entry functionality for work order related data. • Fuel o FASTER Web does not provide batch entry functionality for fuel transactions. Batch entry is only supported through the Fuel Import add-on. • Accounting o Budget account codes are required in FASTER Web to process all purchases. If account code usage was turned on in Win these codes are consolidated into a single migration code. o FASTER Web does not support Last Receipt your costing method will be converted to Moving Average. o If your billing includes Cost Per Meter (CPM), contact FASTER for details of this process change. o Credits cannot be applied directly to a work order. They are added as a billing adjustment that shows on the work order print out. New Processes Supported in FASTER Web • Ability to have multiple contacts per asset • Ability to have multiple standard specification types for the same asset • Auto work order notification email for multiple statuses • Ability to plan for acquisitions and develop into an Asset record. • Enhanced core tracking & returns functionality • Two-step part transfer audit trail • User required to validate meter readings before processing fuel • Close out process to capture inventory snapshots for assets and inventory items • Ability to use P-card/credit cards • Scheduled Actions can be utilized to manage inspections, emissions, and registration renewals That Will Migrate Listed below are categories of data that are migrated: 1. Equipment Inventory • Birth Certificate • Acquisition and Disposal • Vehicle Replacement • Warranty Records • Preventative Maintenance • History (Is regenerated post migration based on successfully migrated data) • User Reference 2. Attachments, Graphics, and Notes 3. Parts • Birth Certificate • Warranty Records • Parts History (Is regenerated post migration based on successfully migrated data) gAKF9 o s� •Order Receipts � _ m • Transfers • IPN • Vendors & Purchase Orders Repair Types 5. Table Types • Table Types where code is no longer used, the description is migrated: o Miscellaneous Costs o Equipment Color Code o Equipment Meter Type o Equipment Radio Type o Equipment Warranty Type o Fuel Vehicle Conversion Code o Technician ID o Part Type Code o Repair Type Cause Code o Repair Type Reason o Shift o User Reference Field • Table Types where current code will migrate as the description: o Make o Model o Tires o Engine Work Orders/Independent Parts/Deferred Repairs • Transactional Detail • Meter History • Indirect Labor I7. Operational Cost/Fuel • Transactional Detail 18. Equipment Templates Data Not Migrated Most of your data will be migrated over to FASTER Web. However, FASTER does not migrate data that is uniquely associated with customizations you may have. This will need to be addressed separately and at an additional cost for a custom script. Data Not Migrated (Functionality is Available in FASTER Web) 1. Equipment Inventory • Title Sets • Warranty Claims Tracking • ELS (Equipment Lease Codes) - These will need to be added as Acquire Types after migration 2. Add-ons • Dashboard KPI views and individual settings JAKE9 o s-� > m F- r `ORIGINAL • MotorPool Parts • Backorders (only fully received orders are migrated) • Vendor Contact Cell Phone field • F -Audit components: physical count adjustment, deleted orders, adjusted quantity, adjusted cost Work Orders/Independent Parts/Deferred Repairs • Equipment Account (EA Account) • Billing Account (VBA Codes) • Flat Rates • RLS (Repair Labor Standard) • WRR (E -request repair requests from FASTER service center) • PM Scheduler Templates 5. Operational Cost/Fuel • Tank Inventory Data Not Migrated (Functionality is NOT Available in FASTER Web) FASTER Web does not include the below features or functionality. Due to FASTER Web's improved design, some of this functionality is not necessary. • EOM History • Work order estimates • Quick buttons • Work Order User Reference • Max Issue from Parts • EOQ, ABC, UCC Any custom table codes (existing code will not be migrated & creating new ones is not supported in FASTER Web) FASTER Web Product & Service Detail Commercial -off-the-shelf and Custom Deliverables: a. Definition of a Commercial -off-the-shelf Software (COTS): The Statement of Work (SOW) may include custom work product, which is distinct and separate from the COTS software. There are also several COTS software add-on products that are sold separately (FASTER Web, MotorPool, Dashboard, Standard Fuel Import, Barcode, etc.). Therefore, if the product is not specifically listed in the SOW, FASTER will not be providing it to Customer. As FASTER Web is a COTS system, the underlying software consists of standardized programs (i.e., pre -built). The COTS software undergoes its own development cycle separately and distinctly from the implementation process. This means that no Requirements Gathering; Requirements and Design approval, Gap Analysis, Testing and development work is done on FASTER COTS Software. However, custom development and testing will be done in conjunction with the custom work noted in the SOW. �gAKF9 o s� >- m H r 50RIGINO Whatever COTS software, custom work and converted data are listed in the SOW as work product, will be deployed together to form a "Soft Go Live" instance. If there is additional work product that is to be delivered separately (after the initial go -live) that will be specifically listed in the SOW. The Soft Go Live instance is tested in the FASTER data center and then deployed to the Customer's single environment that serves as the Customer's test environment during the implementation and will become the production environment upon go -live. This permits the Customer to perform whatever tests it deems necessary in the later environment to which it will have access. The Customer having one environment through the life of the implementation that will be promoted to production is a critical aspect of quality control that is a distinctly important part of the FASTER COTS implementation process. And deviation from this may lead to additional cost. This process also reduces Customer IT expenses. While Custom work product (if any) is built to specific customer -identified specifications, the nature of COTS software requires that FASTER will not provide custom modification, code changes or database structure changes to any COTS software since this could adversely affect other customers. FASTER does enhance the COTS software as part of its normal life cycle based on customer input from its more than 370 customers, market research and on -staff fleet professionals. b. Custom Work Approvals & Testing: Custom work is defined as Integrations and Reports. The following process will be followed to ensure that reliable custom work is delivered as part of the implementation: After the Customer provides the following documentation, FASTER will create an extensive Requirements Document for the Customer to approve. This document will enable the Customer to have certainty about what it requires for a successful customization. Documents to be provided by Customer: • In the case of a Custom Report, a mockup in Excel or similar table. • In the case of an Integration, a Data Flow Map will show the data the Customer wants to import and/or export. • A written summary of: o Execution of the integration: How should the integration be executed? For example, would it need to be run manually or scheduled to run automatically. o User Interface: Will a user interface be needed? If so, what are the key elements needed in the user interface? o Error Handling: How should errors be logged? Are there any specific errors or failures that could occur that would need the integration to notify the Customer about? o Special Considerations: Are there any additional business rules or special considerations that the Customer could not show in the data map that the integration needs to meet? After receipt of the above, FASTER will create a Requirements Document for the Customer's approval. Once the Customer approves the Requirements, FASTER will begin and complete development and testing. And then the custom work product will be delivered with the COTS components in the form of the Soft Go Live noted above. The Customer may choose to do whatever testing it deems necessary on the custom work during the implementation in the Customer's implementation environment (more below related to environments). Such testing will be administered by the Customer. FASTER will provide to the Customer any and all of the test cases that FASTER has already performed during its testing free of charge. c. COTS Software Approvals & Testing: As a result of the nature of a COTS system, the Implementation of the COTS software components will not require the Customer or FASTER to do test plan approvals, requirements documentation approvals, Gap analysis or Gap analysis approvals. The Customer may choose to do whatever testing it deems necessary on the COTS software components during the implementation in the Customer's implementation environment (more below related to environments). Such testing will be administered by the Customer. FASTER will provide to the Customer any of the 50,000+ test cases that FASTER has already performed during its normal COTS release cycle free of charge. d. Data Conversion Testing: � m F- r ` 0RIGINAL� If noted in Schedule -A, FASTER will perform data conversion services: If data conversion services are provided, FASTER will perform data validation testing that validates the accuracy of the data FASTER loads into the Customer's FASTER Web database against the data provided by the customer and confirms the Customer's data in the FASTER Web database meets the business rules of FASTER. Once FASTER has completed data validation testing internally, FASTER will provide the Customer a Soft Go Live copy of the database that contains the data FASTER loaded. The Customer can then perform whatever due diligence it deems necessary to validate this data in the Customer's implementation environment. If the Customer chooses it can redundantly perform some or all of the same Data Validation tests cases FASTER performed. FASTER will provide data validation test cases for the Customer to use free of charge. Therefore, additional Customer data testing can be done by the Customer. Any data defects the Customer finds and reports during its implementation testing that conform to the scope of data conversion work detailed in this Agreement will be corrected by FASTER. 2. Restrictions on Customer Use The computer programs and other items supplied by FASTER hereunder are for the sole use of Customer and Customer's employees/agents. a. Competitive Uses: Customer cannot directly or indirectly lease, license, sell, offer, negotiate, or contract to provide any software similar to that supplied hereunder for any third party, but this clause shall not be construed to prohibit Customer from acquiring, for its own use, software from third parties. Customer cannot: 1. Copy or duplicate, or permit anyone else to copy or duplicate, any physical or magnetic version of the programs, documentation, or information furnished by FASTER in machine-readable form. 2. Create or attempt to create, or permit others to create or attempt to create, by reverse engineering or object program or otherwise, the source programs, or any part thereof, from the object program or from other information made available by FASTER (whether oral, written, tangible, or intangible). Customer may copy for its own use, and at its own expense, operator manuals, training materials, and other terminal copies made for their distribution. b. Demonstrations. Due to the proprietary nature of FASTER's Fleet Management System, Customer cannot demonstrate or show this system to any competitors, or consultants that work with competitors, of FASTER. Software License Perpetual License: If the SOW contains a perpetual license and your organization is hosting FASTER in its data center, the below will apply. Environment: Customer may use FASTER's proprietary software in a single environment. An "environment" is defined as a single installation (instance) of the FASTER application and one FASTER database. FASTER publishes specifications for each release of the product. Therefore, the first use of a version of FASTER and each subsequent upgrade to a newer version requires that Customer's environment comply with the minimum published specifications. Failure to meet the minimum specification puts Customer's operation at risk and may lead to FASTER being unable to provide support until Customer's environment complies with the published specification. a. SINGLE FASTER TEST/PRODUCTION ENVIRONMENT: In order to minimize costs, as well as control quality and reduce risk, there will only be one environment through the implementation process. This environment, upon installation and during implementation will be the test environment on which all tasks (system overview, configuration, testing, training, etc.) will be performed. Upon restoring a final, go -live, database, this test environment will then be promoted to become the production environment. b. TEMPORARY POST -GO -LIVE TEST ENVIRONMENT: After go -live of the FASTER system, Customer may stand up a temporary test environment on its premises, limited to the following circumstances: Testing a new version of FASTER; Testing the delivery by FASTER of any custom deliverables built by FASTER; Testing upgrades and/or patches Customer performs on Customer's server operating system; or database patches or upgrades; or if Customer is replacing server hardware. This test environment can be stood up 30 -days prior to any of the above -identified testing and must be turned off or deleted within 45 -days after any of the above is complete. (This does not apply if FASTER is providing hosting.) Ok BAKF9N ORONALo OTHER TEST OR DEVELOPMENT ENVIRONMENT/S: Customer may have a separate test or development environment for other purposes at any time (e.g., during the implementation or after go -live) with of an additional license fee and an annual support fee. 2. Copies, Backups & Catastrophic Fail -Over: Customer may make regular backups of all programs and data and clone, copy or maintain a mirror image of the production environment for catastrophic fail over. This includes the use of virtual machine cloning. 3. Software Modifications: Customer may not modify the FASTER software, including, but not limited to, reverse engineering of any component of the FASTER system in order to perform any such modifications. Should Customer violate this provision, all warranties associated with the FASTER system are null and void. o11`eAKF9(s' r vORIGINAL�