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A-2003-260 Oi C[:UNCIL )1\1[: ;J.. -/;J. -IJ ¥ MAINTENANCE and SUPPORT SUBSCRIPTION AGREEMENT THIS MAINTENANCE and SUPPORT SUBSCRIPTION AGREEMENT, made and entered this 1 st day of November, 2003 by and between Fluke Networks, (hereinafter "") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). t:fm5 (f-. ,(f.,/l/ ) RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of network test equipment maintenance and support services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Fluke Networks Quotation, quote Ref # 1519403-1200335 dated: 10/28/2003) attached hereto and incorporated herein as Exhibit A and associated Terms and Conditions attached hereto and incorporated herein as Exhibit B to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $ $17,400.00 without tax during the term of this Agreement. All transportation charges to be prepaid by Consultant. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to acceptance of all software and services and subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on January 5th 2005 unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director Finance and the City Attorney