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<br />. <br /> <br />INSURANCE run ON FILE <br />.wORK MAY NQIPROCEED <br />CLERK OF COUNCIL <br />DATE:J .--/1.-01./ <br /> <br />t: fltJ.5 <br />lJ.,.#"~ ) <br />FirJ <br /> <br />A-2003-114 <br /> <br />. <br /> <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br />HEWLETT-PACKARD COMPANY <br /> <br />THIS AGREEMENT (said Agreement), made and entered into this I ST day of June, 2003 <br />by and between Hewlett-Packard Company (hereinafter "Vendor" or "HP"), 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"). These entities are <br />hereinafter sometimes jointly referred to as "PARTIES" and individually as "PARTY". <br /> <br />RECITALS <br /> <br />A. The City makes extensive use of its computing environment to support key business <br />operations in every City Agency and Department. <br /> <br />B. Key computer-based services such as electronic mail, Internet access, secure data <br />storage, as well as computer applications such as payroll, SAPIN etc. operate on <br />server-class computers in the City and Police Computer Centers. <br /> <br />C. Due to the critical nature to these services and applications to the daily operation of the <br />City, the City desires to retain a vendor having special skill and knowledge in the field <br />of maintenance of "server-class" computers and related equipment. Further, City &l:sires <br />to retain a vendor that will provide service to the City for "24 hours per day, 7 days a <br />week with a six hour call-to-repair level of hardware maintenance". <br /> <br />D. City has sought proposals from firms providing maintenance on "makes" and <br />"models" of equipment within the City. The City has determined that HP is the "sole- <br />source" in the current marketplace to provide the desired level of service. <br /> <br />E. Vendor represents that Vendor is able and willing to provide the services to the City, <br />which are set forth in the Exhibits attached hereto and listed in Section 1.A. below. <br /> <br />F. In undertaking the performance of this Agreement, Vendor represents that it is <br />knowledgeable in its field and that any services performed by Vendor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional maintenance services firm in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />A. Vendor shall perform those services as set forth in Exhibit A ("Support Quote for <br />Support Agreement ID I30137I97MID"), Exhibit B ("Major Site Addendum to the Multiyear <br />Discount Attachment," revision date July 22, 2003), Exhibit C ("HP Terms and Conditions of <br /> <br />City of Santa Ana and HP Agreement <br />Confidential Information <br />Revision Date February 24, 2004 <br /> <br />Page I of8 <br />