Laserfiche WebLink
INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATF: -0 cZ <br />p'. (arks Reca. C2i <br />9,6r+ ceo ro t t <br />SOFTWARE MAINTENANCE AGREEMENT <br />N- 2008 -027 <br />THIS AGREEMENT, made and entered into this 22nd day of February, 2008 by and <br />between The Active Network N.A., Inc. (hereinafter "TAN "), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City"), jointly referred to as the "Parties ". <br />RECITALS <br />A. The Parties entered into that certain Software License Agreement #A- 2005 -054, dated <br />March 21, 2005, whereby TAN installed and licensed City to use TAN's Recreation <br />Facility Management software. <br />B. The City continues to utilize the software and the Parties desire to provide for ongoing <br />maintenance and support of said software. <br />C. In undertaking the performance of this Agreement, TAN represents that it is <br />knowledgeable in its field and that any services performed by TAN under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <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 />SCOPE OF SERVICES <br />TAN shall provide software maintenance services as set forth in TAN's Software Support <br />and Maintenance Agreement, attached hereto as Exhibit A and incorporated by this reference. <br />2. COMPENSATION <br />a. City agrees to pay, and TAN 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 $25,000 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on December 1, 2007 and continue for a one year <br />period. The City may extend the term of this Agreement, on an annual basis, by payment of the <br />