DUNCAN ARKING TECHNOLOGIES-2004 - Laserfiche WebLink

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N-2004-078 . INSURANCE NOT ON fiLE WORK MAY lli1l PROCEED CLERK OF COUNCIL DATE: 1~lÞ-vf t t~A L~. 5 .. Iv'at:} HARDWARE AND SOFTWARE MAINTENANCE AGREEMENT THIS AGREEMENT is entered into this l '5'-r\.day of j ~ C , 2004, by and between Duncan Parking Technologies, a Delaware Corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement #A-2002-163, dated August 19,2002, (hereinafter "said Agreement") by which Consultant provided parking meter equipment, software and hardware and software support. B. The parties wish to provide for hardware maintenance for the Hand-Held Units and software support for the parking meter system for a two year term. 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 A. . Maintenance. Consultant shall provide remedial maintenance services for the Hand-Held Units (hereinafter "Units"). In the event of defects with respect to the Units, Consultant shall evaluate and replace such defective device. When Units are returned to Consultant for service, City will provide detailed information regarding the nature, scope and symptoms associated with the problem. Consultant reserves the right to replace any Unit with equipment of equal or greater value. Such replacement equipment shall work in substantially the same way as, and be compatible with, existing equipment used by the City. Consultant may remove the replacement equipment and return the original equipment to City, so long as the original equipment is in good operating condition. The following services do not fall within the scope of this maintenance agreement: . . .