MTS INTEGRATRAK 1 -2001 - Laserfiche WebLink

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INSURANCE NOT REQUIRED/WAIVED WORK ~A¥ PROCEED CLERK OF COUNCIL DATE: MAINTENANCE SERVICE AGREEMENT WINTI~K® SOFTWARE N-2001-167 This Maintenance Service Agreement (this "Agreement") is between MTS IntegraTRAK, Inc. and City of Santa Aha, a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California ("Customer"). Customer is a licensed end-user of certain telemanagement software created and owned by MTS IntegraTRAK (the "Software"), having acquired a sublicense through an authorized MTS IntegraTRAK distributor. Customer desires to enter into this Agreement with MTS IntegraTRAK in order to obtain maintenance services for the Software, and for associated hardware purchased or leased through MTS IntegraTRAK (the "Hardware"). 1.0 Services Provided. MTS IntegraTRAK agrees to service and maintain Customer's licensed Software and the associated Hardware, upon the terms and conditions set forth in this Agreement. Services to be performed by MTS IntegraTRAK under this Agreement are limited to: · Correction of Program Errors · Enhancements of licensed Software programs not constituting new products · Updates of versions of licensed Software programs (maintenance releases) · Updates of Software Documentation provided by MTS IntegraTRAK · Hot-Line and remote diagnostic telephone support · On-site support if necessary, to the extent related to an MTS IntegraTRAK® Software problem, if it is determined by MTS IntegraTRAK that the issues can not be resolved remotely via PC Anywhere · Updates to V&H rate tables for WinTRAK® Call Accounting · Updates to V&H location tables for WinTRAK Call Accounting · Maintenance of call buffers and modems purchased from MTS IntegraTRAK serviced at MTS IntegraTRAK with overnight service "Program Error" means a minor defect in the Software that is not caused by error or ambiguity in the Software specifications and can be corrected by limited recoding of the Software. An "Enhancement" is a modification to the Software created to improve its functionality. An "Update" is a modification to the Software created to improve the operation &one or more programs by modifying a portion of the program code or by altering the operating characteristics. 2.0 Term. The term of this agreement will commence on August 25, 2001 and continue for one calendar year through August 24, 2002. The term of said agreement may be renewed for an additional one-year period upon a writing executed by the Executive Director of the Finance and Management Services Agency and the City Attorney, pursuant to Section 8.0 below. 3.0 Maintenance Fees. The fee for the initial year of this Agreement, commencing with the first anniversary of the Software installation date, shall equal fifteen percent (15%) of the combined purchase price of the licensed Software and the Hardware, which price shall include incremental pumhases of upgrades and add-ons. MTS IntegraTRAK may modify the amount of maintenance fees to be charged pursuant to this Agreement by notifying Customer at least thirty (30) days prior to the effective date of such change, which date shall correspond to the time of an annual term renewal. Based on the current system configuration, that amount will not exceed $10,000.00 annually. This amount is subject to change if additions are made to the existing configuration and based on the new configuration it is possible that the new annual amount will be greater than $10,000.00. See attached maintenance invoice. --P~elof5--