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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATE: <br />AU�242'Di1 <br />O: PRCS (/ ) <br />Silvia Cuevas <br />EQUIPMENT, SOFTWARE AND <br />SERVICE AGREEMENT <br />N_2011-098 <br />THIS AGREEMENT is entered into on June 17, 2011, by and between Card Metering <br />Systems, Inc., a California corporation ("CMS") and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws ofthe State of <br />California ("City"). <br />RECITALS: <br />A. The City desires to hire a contractor to install, service and maintain copier and micrographic <br />printers with debit card technology at the Santa Ana Main Library, Newhope Library and <br />Jerome Center. <br />B. CMS represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, CMS represents that it is knowledgeable in <br />its field and that any services performed by CMS under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration ofthe 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 />CMS will provide and install all software and hardware components, listed in <br />"Equipment" of Exhibit A, attached hereto and incorporated by this reference, and will ensure its <br />functionality and operation. <br />City will not alter or remove the Diginet Printing network, operating system, servers or <br />client software without prior notification to CMS. City and CMS will perform a pre -installation <br />walk thru. City will complete the pre -installation checklist and return it to CMS prior to CMS <br />ordering or assembling any equipment or performing services pursuant to this Agreement. <br />2. WARRANTIES <br />CMS warrants 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. In 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 />SERVICE HOURS <br />CMS will provide regular maintenance as requested, Monday through Friday 8AM to <br />5PM (MST). <br />