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. . the first hour and $69.00 for each hour thereafter will be charged to Library. [During the initial 30-day period after installation all service charges will be waived,] KEY OPERATOR BYPASSIREFUND COPIES Each Key Operator outside the City of Santa Ana will be supplied with one 100 unit card for use in giving service and bypass copies. Key Operator Cards will be replaced as needed. The City of Santa Ana will be issued ten 100- unit debit cards for use in giving service and bypass copies. STAFF BYPASS COPIES The City of Santa Ana staff will be provided one 200-unit debit cards for making monthly staff copies in the McFadden Center. Additional debit cards may be ordered from CMS at the rate of$6.60 for a 200-unit card or $3.30 for a IOO-unit card plus sales tax. Staff cards may be used on copiers, computers, micrographic reader printers, and printers. INSURANCE CMS will provide a Certificate of Insurance to the City of Santa Ana Public. The amount of insurance will be $1,000,000.00. Failure to maintain insurance is a breach of this agreement. TERM OF AGREEMENT 1.. ..J~y of Santa Ana grants CMS the exclusive right to provide the equipment specified above for a period ending 2WC{' .~. fellf months after installation, after which it may be extended for additional 12-month periods with the 0J ' approval of both parties. CANCELLATION CITY OF SANTA ANA may cancel this agreement for cause if the vendor, CMS, defaults or violates the terms of this agreement, unless it is out of the vendors control, by giving the vendor a written 30 day notice of intent to cancel for cause. Items that are considered "Cause" include: failure to replace any piece of equipment that has more than five (5) failures for the same problem in any 30 day period, failure to respond to a service request within eight working hours, failure to deliver paper, toner and other supplies within eight working hours or lapses in or cancellation of our liability insurance. Exceptions to "Cause" are elements that are out of the control of CMS or act of God. Such elements could include: traffic or weather conditions or natural disasters that cause delays in travel or transportation, earthquakes, strike by suppliers, out of stock conditions of suppliers or product unavailability from suppliers, CITY OF SANTA ANA may cancel this agreement for non-funding on the part of the City of Santa Ana. This agreement may be canceled with 30 day written notice mutually agreed upon by City of SANTA ANA and CMS, RE-OPENERS/ANNUAL REVIEW This "Agreement" provides for an annual review of the copier vending operation provided to the CUSTOMER by CMS. Items to come under review shall include, but not be limited to, performance of service responsiveness, evaluation of the equipment as it pertains to meeting the needs of the CUSTOMER and suggestions that may improve the overall operation of this enterprise. This "Agreement" may also be "re-opened" for modification(s) during the "annual review" and at other times as may be necessary, Any details contained within the "Agreement" are subject to modification at the annual review meeting and shall become binding upon the written agreement of both parties. The scope of such items could include, but are not limited to, changing the vend prices, term of agreement, changing or upgrading of equipment, adding equipment, changing the commission plan, bypass copies, charges for bypass copies and so forth as long as it can be cost-justified. 9