ADVANCED TECHNOLOGY INFORMATION MANAGEMENT SYSTEMS (ATIMS) -2012

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The cost for maintenance and support after the initial 5 -year contract period shall be calculated at ATIMS's then customary rate not to exceed 4% of the prior year's maintenance fees. Any and all payments made by CITY pursuant to this Agreement shall be non - refundable and shall be paid in advance. There shall be no refunds or credits for any unused services upon the termination of this Agreement. However, in the event ATIMS fails to provide reasonably satisfactory service, per the Support and Response Time Agreement in this contract, ATIMS agrees to refund the amount commensurate to the number of months remaining in the term of the agreement. In the event that CITY fails to make payments to ATIMS pursuant to this Agreement, ATIMS obligations to provide Support shall be suspended until ATIMS receives full payment for all fees due to ATIMS. Custom programming and program changes requested by the CITY shall be performed by ATIMS at a mutually agreed upon rate for a mutually agreed upon number of hours outlined in a Scope of Work (SOW) contract signed and agreed upon by both parties prior to commencement of the work. The additional Professional Services will be billed by invoice according to Section 5.2. 5.2. Invoices. The CITY shall pay all Maintenance fees, authorized expenses, and other costs pursuant to this Agreement within 30 days of receipt by the CITY of any correct and undisputed invoice from ATIMS. Invoices shall be mailed or provided to the CITY at its notice address. 6. TEST SYSTEM Any and all upgrades, enhancements, fixes, etc. shall first be done on the test database. They shall then be tested by City Personnel and only after City authorization given, shall said changes be applied to the Production Database. The test database will be created by ATIMS on the CITY's server without the requirement for additional hardware or software. As this is a web - based system, CITY users will be able to access the live and test databases from any machine on the Police Department's network. Apart from the CITY having access to the test database, ATIMS can also be assigned access to the same by the CITY. 7. ASSIGNMENT This Agreement and the rights and obligations hereunder are not assignable or delegable by either party without prior written consent of the other party. Any such assignment or delegation is VOID. This Agreement shall inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns.