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A-2003-260 <br />r/0,Y Lb <br />MAINTENANCE and SUPPORT SUBSCRIPTION AGREEMENT <br />THIS MAINTENANCE and SUPPORT SUBSCRIPTION AGREEMENT, made and entered <br />this I" day of November, 2003 by and between Fluke Networks, (hereinafter .... ) and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />network test equipment maintenance and support services. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City, <br />C. In undertaking the performance of this Agreerrient, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant 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 />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Fluke Networks Quotation, quote Ref # <br />1519403-1200335 dated: 10/28/2003) attached hereto and incorporated herein as Exhibit A and <br />associated Terms and Conditions attached hereto and incorporated herein as Exhibit B to this <br />Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total surn, to be expended under this <br />Agreement, shall not exceed $ $1.7,400.00 without tax during the term of this Agreement. All <br />transportation charges to be prepaid by Consultant, <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, Subject to acceptance of all software and services and <br />subject to City accounting procedures. Payment need not be made for work which fails to meet <br />the standards of performance set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />5'1, This Agreement shall commence on the date first written above and terminate on January <br />' 2005 unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director Finance and the <br />City Attorney <br />