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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />~~-i -iC~ <br />CLERK OF COUNCIL <br />DATE: ~UL 2 1 2009 <br />SOFTWARE LICENSE AND SERVICE AGREEMENT <br />~` ~ ~ ~~'~~ ~~) THIS AGREEMENT is entered into on April 28, 2009, by and between Card Metering <br />~~ ~~~ 1~ ~^ Systems, Inc., an Arizona corporation ("CMS") and the City of Santa Ana, a charter city and <br />w~c ~~~lY1C ~- municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS: <br />A. The parties entered into that certain Agreement N-2005-001, dated January 7, 2005, <br />(hereinafter "said Agreement") by which Consultant has provided copier and micrographic <br />printer service with debit card technology at various Santa Ana Library locations. <br />B. The City desires to upgrade the CMS printing software, in order to implement all the services <br />available through the software. <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 />Software to be provided <br />CMS will provide City with its Diginet Printing System software for five (5) kiosks, two <br />(2) Diginet servers and sixty-one (61 }Printing Clients currently located in Santa Ana Library <br />locations. <br />Additionally, CMS will provide licensing and unlimited technical support for the <br />software. New software modules developed by CMS will be made available at 25% below retail. <br />Warranties <br />CMS will warrant all equipment and software provided by CMS for the term of this <br />agreement for all equipment, products and software provided as part of this agreement as either <br />the manufacturer, Dealer, servicing agent or distributor or all products provided. [n the event <br />there is a defect, malfunction or failure, CMS will repair, replace or remedy any malfunctioning <br />equipment and software products provided by CMS as part of this agreement. <br />CMS warranty does not cover damage caused by abuse, misuse, mishandling, <br />misapplication and computer viruses. <br />Hours of Service <br />CMS will provide regular maintenance as requested, Monday through Friday 8AM to SPM <br />(MST). <br />N-2009-083 <br />These hours may be adjusted as deemed appropriate by CMS and approved by the City and/or as <br />mutually requested by the City and agreed upon in writing by both parties, dependent upon <br />volume, workload and other requirements. <br />