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<br />. \ . <br /> <br />,i.! <br />.~. .' 'J '. _, ' <br /> <br />. <br /> <br />N-2000-1 74 <br /> <br />J/-)"7 L-j <br /> <br />MAINTENANCE SERVICE AGREEMENT <br />WINTRAK@SOFTWARE <br /> <br />, " <br />-:".~ <br />This Maintenance Service Agreement (this "Agreement") is between IntegraTRAK. Inc. and <br />City of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />constitution and laws of the state of California ("Customer"). Customer is a licensed end-user of certain <br />telemanagement software created and owned by IntegraTRAK (the "Software"), having acquired a <br />sublicense through an authorized IntegraTRAK distributor. Customer desires to enter into this <br />Agreement with IntegraTRAK in order to obtain maintenance services for the Software, and for <br />associated hardware purchased or leased through IntegraTRAK (the "Hardware"). <br /> <br />1.0 Services Provided. IntegraTRAK agrees to service and maintain Customer's licensed Software <br />and the associated Hardware, upon the terms and conditions set forth in this Agreement. Services to be <br />performed by IntegraTRAK under this Agreement are limited to! <br /> <br />. Correction of Program Errors <br />. Enhancements of licensed Software programs not constituting new products <br />. Updates of versions of licensed Software programs (maintenance releases) <br />. Updates of Software Documentation provided by MTS IntegraTRAK <br />. Hot-Line and remote diagnostic telephone support <br />. On-site support if necessary, to the extent related to an MTS IntegraTRAK" Software <br />problem, if it is determined by MTS IntegraTRAK that the issues can not be resolved <br />remotely via PC Anywhere <br />. Updates to V &H rate tables for WinTRAK@ Call Accounting <br />. Updates to V &H location tables for WinTRAK Call Accounting <br />. Maintenance of call butTers and modems purchased from MTS IntegraTRAK serviced at <br />MTS IntegraTRAK with overnight service <br /> <br />"Program Error" means a minor defect in the Software that is not caused by error or ambiguity <br />in the Software specifications and can be corrected by limited recoding of the Software. An <br />"Enhancement" is a modification to the Software created to improve its functionality. An "Update" is a <br />modification to the Software created to improve the operation of one or more programs by moditying a <br />portion of the program code or by altering the operating characteristics. <br /> <br />2.0 Term. The term of this Agreement shall commence upon the first anniversary of Customer's <br />Software installation date August 25'''. 2000 and shall continue for one calendar year (through August <br />24'", 200 I), whereupon the term may be renewed for subsequent periods of One year each, pursuant to <br />Section 8.0 below. <br /> <br />3.0 Maintenance Fees. The fee for the initial year of this Agreement, commencing with the first <br />anniversary of the Software installation date, shall equal fifteen percent (15%) of the combined <br />purchase price of the licensed Software and the Hardware, which price shall include incremental <br />purchases of upgrades and add-ons. IntegraTRAK may modity the amount of maintenance fees to be <br />charged pursuant to this Agreement by notifying Customer at least thirty (30) days prior to the effective <br />date of such change, which date shall correspond to the time of an annual term renewal. Based on the <br />current system configuration, that amount will not exceed $]0,000.00 annually. This amount is subject <br />to change if additions are made to the existing configuration and based on the nev,,' configuration it is <br />possible that the new annual amount wili be greater than $10,000.00, See attached maintenance <br />invoice. <br /> <br />Software Mainlenance Agreement <br />WinTRAK /(,.' Version <br /> <br />- Page 1 of 4 - <br /> <br />Document Version No. J 1.97 <br /> <br />