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~fr1lS (}-.ý.ell~ ~INSUR~CE NOT REQUIREO A-2003-206 . WORK MAY PROCEED CLERK OF COUNCIL ,1-01' SOFTWARE MAINTENANCE SUBSCRIPTION AGREEMENT DATE= '" -,;r THIS SOFTWARE MAINTENANCE SUBSCRIPTION AGREEMENT, made and entered this 1 st day of November, 2003 by and between Veritas Corporation, (hereinafter "Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws ofthe State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of software design and support. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the perfonnance ofthis Agreement, Consultant represents that it is knowledgeable in its field and that any services perfonned by Consultant under this Agreement will be perfonned in compliance with such standards as may reasonably be expected ftom a professional consulting finn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenus and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perfonn those services as set forth in Sales Quotation, quote number: 1646893, dated: 10/22/2003, attached hereto as Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $ thirty-three thousand five hundred fifty-seven dollars ($33,557.00) without tax during the tenn ofthis Agreement. All transportation charges to be prepaid by Veritas. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work perfonned, subject to acceptance of all software and services and subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and tenninate on November 1,2004 unless tenninated earlier in accordance with Section 12, below. The tenn of this Agreement may be extended upon a writing executed by the Executive Director Finance and the City Attorney.