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<br />A-2005-006 <br /> <br />I.; ',;' '.~' i <br /> <br />l ,'''. <br /> <br />c~H~ -D5 <br /> <br />MAINTENANCE and SUPPORT SUBSCRIPTION AGREEMENT <br /> <br />I)~ fHf~ <br />(j.. /UIl/) <br /> <br />THIS MAINTENANCE and SUPPORT SUBSCRIPTION AGREEMENT, made and entered <br />this 21 st day of January, 2005 by and between Fluke Networks, (hereinafter "Vendor") and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a Vendor having special skill and knowledge in the field of <br />network test equipment maintenance and support services. <br /> <br />B. Vendor represents that Vendor is able and willing to provide such services to the <br />City_ <br /> <br />C. In undertaking the performance of this Agreement, Vendor represents that it is <br />knowledgeable in its field and that any services performed by Vendor under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Vendor shall perform those services as set forth in Fluke Networks Quotation, quote Ref# <br />1743194-1216701 dated: 12/14/2004) attached hereto as Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Vendor agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, <br />shall not exceed $ $17,400.00 without tax during the term ofthis Agreement. All transportation <br />charges to be prepaid by Vendor. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to acceptance of all software and services and <br />subject to City accounting procedures. Payment need not be made for work which fails to meet <br />the standards of performance set forth in the Recitals which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on January 5th 2005 and terminate on January 5th 2006 <br />unless terminated earlier in accordance with Section 12, below. The term ofthis Agreement may <br />be extended upon a writing executed by the Executive Director Finance & Management Services <br />and the City Attorney <br />