HomeMy WebLinkAboutUNISYS CORPORATION 8-2008
r
. 'INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: MAY 8 2008
o. F r\\~ Ilnk SeN.( Z)
T 0'1" UerCjen
A-2008-081
SOFTWARE LICENSING AND SERVICES AGREEMENT
(" Agreement")
BETWEEN THE CITY OF SANTA ANA
AND
UNISYS CORPORATION
THIS Agreement, is made and entered into this 5th day of May, 2008, by and between
the City of Santa Ana, a charter city and municipal corporation duly organized and existing
under the Constitution and laws of the State of California ("City") and Unisys Corporation
("Vendor").
WHEREAS, the City desires to retain the services of Vendor to provide the City with
computer software support and software licensing.
THEREFORE, in consideration oftheir mutual and respective promises, the parties
hereto do hereby state as follows:
1. Terms and Conditions
The term for this Agreement shall commence upon execution by both parties and expire
on June 30, 2010, unless otherwise extended in writing by both parties.
All terms and conditions regarding software licensing and services provided herein shall
be subject to and in accordance with Unisys Consolidated Agreement - Number 99120112
(pages 1-6). Said terms and conditions are attached hereto as Exhibit A, and incorporated herein
by reference.
2. Scope of Services
The Vendor shall provide software licenses as set forth in Exhibit B, "Supplemental
Schedule Order", attached hereto and incorporated herein by reference.
3. Compensation
The City will pay to the Vendor total compensation under this Agreement in the amount
of $130,589.00, plus applicable taxes, due before the commencement of the term of this
Agreement.
4. Insurance
Vendor is not required to provide additional insurance coverage or provide further proof
of insurance.
lof2
IN WITNESS WHEREOF, the parties have executed this Software Licensing Agreement as of
the date of execution by both parties below.
~-
---
PATRICIA E. HEAL
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:~t7-_w
LaJta Sheedy / /
Assistant City Attor. e
CITY OF SANTA ANA
~fJ
City Manager
Date: --41/ ~
UNISYS CORPORATION
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NDOR {S1gnat\/,1
Name: H4'/-+ ~t'"<.f
Title: (, (j t-,,+ra. (3 ~ H~.... ~I~V '
Tax ID: 38-0387840
Date: Ar r 1 I J <) . ("J (}()&
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Agreemeftt Number
t 99120112
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UNISYS -
Consolidated
Agreement
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,
Client Name and Mailing Addr.... .
City of Santa Ana
Mr. Thomas J. Gergen
20 Civic center Plaza
Santa Ana. CA 92702
Client acknowledges it has read and understands this Agreementlincluding all attached schedules and amendments) and is not entering
into this Agreement on the basis of any representation. not expressly set for1h in it. .
AQreed and AccePted
Unisys Corporation
~~
(StgnWt, CONTRACTS MANAGER
UNlSYS CORPORATION
(Prin~ rurMl
3ftsflJO
(0aIe)
Client
!_,~cI.d<r-
;; ~).S'~O()
[Oate)
Thomas J. Gergen
(~lIIIme\
Information Systems Manager
(Tille) (Title,
t of 14 ~3ll82.oo&(~\
EXHIBIT A
uNiSYS
.solidated Agreement
.
Unisys Cofpof~tion (Unilys) win sell and license Products and urvices and Client agree. to purchase and license those Products
and ..rvlces under the following terms and conditions:
1. Definitions
t. t Software means the ~ code vtr$ion of computer pro,ams
and any rela18d cIoc:umentatlon, excluding maintenance diagnostics.
SoftWare also means lIle source code version where provided by
Unisys. Software also means microcode, not embedded in a circuit
.11m.nt. that enablK the equipment 10 lunction according to its
published specifications. .
1.2 Products means equipment. SoftWare, doewnenlation (includillg
manuals and education materials) and Software maintenance releases
and l4)dates
t.3 Sottwa,., Procllsing Unit ("SPU"). mea", equipment which
controls and executes Softwate.
t.4 SURETY Support Servl~ means various rorms of installation
and support for the ~rocluctll.
1.5 Proprletlry Information melns Software. diagnostica. doeu,
mentation, including l1\lIooala, .nd any other inlOlTMtion confidential 10
Unisys or i1s dcensorl,
1.8 Information Services means all technical and consultative
services other thall SURETY Support SllIVlcK.
1.7 Inatallallon Oate munaltlt dati Unisys colY1Jlletes installatien (IS
det.rmined by Unisys) or. if equipment or Software is to b. installed by
!
Client, the tenlh dly lollowing shipment
2. Enectl"e Date
This A!P'eement Will become effective llIhen signed by duly authorized
representattves or bOth panIM lOCI wilt continue in effect until
terminated aCCXlrding to itstenns.
3, Schedule. - Ordering ProCledure
3.1 Unisys will furnish to C6ent and Client will accept and pay lor the
Products and services itemize<! on the following Schedules which,
together with the terms on the SeheclJles. Ble an intl!!181 part 01 this
Ageemenl.
Schedule name
Equipment Sale
SURETY Support StNices
Soflwllre LiceflMS
Information Sentices
All references to Producl:$ and services in this Aveement are to the
Products and servIceS listed on the Schedu_ and on any SChedules
submitted to and accepted by Unisys pursuent to Section 3.2 and to
any Products and services supplied by Unisys. such listed Products.
and services.
3.2 Clienl may order addtIonaJ Products lInd services under this
Agreement by submitting P'OI*'ly completed Unisys Supplemental
Schedule Orders relerencing this lqeemenl. All Orders will refer to this
Ageernenl by number and wiY be signed by Clienl. All eClue.tion
lecture COIneS must be ordllfed on a Client Education Enrollment
Application.
3.3 All orderS are subject to acceptance by Unisys. Acceptance by
Unisys will be effective when communicated in witing to ClilnL Th.
receipt Of deposit ~ Unisys 0' . Client down payment will not conlUtua
acceptance 0' en ord.... Any down peyment received from Client will be
relurned if lIle ordet is not accepted by Unisys.
3.4 Unlsys may substitute Products 01 equivalent or superior lune-
tionlllity and performance in the event that any of the Products Ofdered
are not available at the time or shipment.
4. Delivery and Installation
4_1 Unisys will arrange lor delivery of Products and Clent wia pay lor
lransportallcn in accordance with the Unisys published transportation
charg8$ in effecl at the lime 01 delivery or. if Unisy. hat nol publiShed
any such charges, Client will pay Unisys for transpor1lltion chargn
aclllally incwed. Client will al90 pay for all cable. and site-specilie
installation materials required to install the equipment al en.nh site.
4.2 Unisy. wiD provide Clienl with one ccpy of the thln-c;urrent user
cloclII"lenlalion, ill PIP<<' or Ilaonie form at the option of Unisys. lor
use with Ihe ProdlJclS ordered Ind enviroMlental specifications for
equipment. wl1tre applicable. Prior to delivery of equipment. Client will
prepare the installation sile and will contlnue to maintain the installation
site in accardance with such specifications.
4.3 Client will instan all items of equipnlent with the designallon "YO In
the "Client installable" column when there is no inltallation cha~ listed
on the EqtJipmenl Sale Schec1lle. Utlisys will install an other Items 01
equipment. Cltent will inslallllll item. of Software other than lhase for
which a fiud installation charge is indicated on th. Softwlre Licenses
Schedule. All Products to be installed by Unlsys will be insl8lled during
Unisys normal working hours. unllJSS olheNdse provided in lIlis
AlJ'.em.nt.
U Client may ItT8nge for installetion by Unisys of Client inst3IIable
ProdUcts. wbject to tile then.cutrent standard Unisys chargH and
concilions.
4.5 If additional labor end rigging if rlqulrld lor Installatlen due to
Clients specie' site requirernetlls. C6ent will pay ltlose c:osts including
costs Ie meet unicln or loc.llaw requirements.
5. Payment
5.1 Charges for Products wlll be Invoiced upon shipment
5.2 Charges for SURETY Support Services will be invoiced in adVance.
quarterly, annually, Of It other periodic intervals: otherwise. ch.rges ~II
be invoiced after the servicn .,. performed. Hourly LIse, plllge and
remote service charges will be invoic.d monthly unless otheNllst
indicated.
5.3 Charges for Inlormation Services will be invoiced as the services Ire
plrfooned.
5.4 All charges must be paid no later than 30 days from the date of tile
invoice. Unisys may impose a late payment charge equal to the lesser of
(a) 1-112% per month or (b) the maxim"" rate allowed by law.
5.5 Additional charges may apply to services rendered outside con-
tracled hours or beyond normal coverage at Clients request, e.g., travel
expenses. premium and minimum charges.
6. Tax..
6.1 Client will pay any lax Unisys becomes obligated 10 pay by virtue
01 ll1is Ageemenl. exclusive of Iaxes based on the nel income of
Unisys.
6.2 All personal property and simillr taxes aSSI$Sed aftiii' shipment wI!
be paid by Clianl.
7. Price Protection
7. 1 TIle charges for Products In any accepted order will remain firm
through d.livery. unless through no fallt 01 Unisys shipment takes place
more than one year after the date of the order. If Unisys notines Client
that an Increase in charges will apply &0 ils order. Client may tamllnate
the affected part of Its 01'\'1., by giving witten no~e to Unisys ""thin ten
days of the date of notification of the increase.
20114
4305 3982-00e (3199)
.-
iJ SURETY S~porl Services charges WI.' .. illUeased dlring the
nl'il twelVe monltls follov.mg !hi commen f those services. The
charges may be increased thereafter on eaeh anniversary of the com-
mencement data fDllowing 90 dllY1 prior written notice 10 Client. unless
oltteNise noted Olllhe SURETY Support Services Schedule.
7.3 Chlrges for SoltNarelic8t\s8s and InfO/mation Services will nal be
increased (bing any on..y. wm. but may be inQ'eas.d prier to any
subsequent term upon 90 days JlI'!OI' \\ritten nctlee 10 Client If Soltwlle
a setV~es ere contr8C1Id on I month-to-monlh basis ttle charges may
be increased et any time following 90 days prior written notice.
8. Security Inlerest
Unisys rKIfVK I pUl'CIlaS' money security interest in equipment ul)lil
payment in full is receiveci for all equipment dllliv..ed to Client and, fot
that purpose, Illis Ageement Is I seelKily a","m.nl. By Signing this
A;feement. Client iluthcriies Unisys or its agent to sigll on behalf of
Clienlthe neceSMry Iinlm:ing statements. or 10 Iile I reproduction of a
finllncing statement. A1tern.tinly, UniS'f' may filelllis Agreement (Jt a
ccpy of this Agreement to perfect its security interest. If thi, Agreem.nt
or a copy of it is filed. infcnnaticn concerning the seewity interest may be
obtained from Unisys atlhe a~ess staled in Section 17.
9. Client'. Operational Responsibilities
9.1 Clienl acknowledges it his independently deterrmned Itlat the
Products and services ordered under Ihis Ageernent meet ill
requiremenls .
g.2 Client has scle responsibility tor use of II\e Products. inCluding
operating procedures. audit controls, Ice:uracy Ind sec:urity of input and
output data, restart and recovery routines, and oltlel' procedures neces-.
/ sary for Clienf' intended use 01 1M Products.
9.3 Client will ensure that its personnel are, at all times. educated and
trained in lhe proper use Ind operation of the ProdUcts and !hat the
Prodllc:t$ 1f8 used in accordance INiIl applICable Unisys manuals Ind
inslnlctions
9.4 Client will maintain beck-up data necessary to replace critical Client
data in the event of loss or damage to such dBIa from any ~use.
9.5 11 Unisys is providing SURETY Suppert Services. Clienl will (I)
maintain IIle operating environment in accordanc. with Unisys
specifications, (b) prOllide adequat. working and storage SIlace fa usa
by Unisys personllel near the equipment. (c) provide Unisys lUll access
to the equipment and sufficient computer time, subject only to Client'l
security rules. (d) follow Unisys proceciwes fOl p1uing service requests
and determining if remedial seNice is required. (e) 10Raw Unisys In-
slructions for operatOl maintenance and obtaining services, 10 provide a
memory dump and additional dalB in machine readable form if 'equalled,
(g) reproduce suspected errors 01 malfunctions in Soft.Nare, and (h)
install ell elTor cOfTICtIonS and malntenllnco ,eIe8ses supplied by Ullisys.
9.6 Information Services supplied by Unisys undet II\is AlJeementlre
provided to ISsil1 Client. CHent, not Unisys, will be responsible
fOl determining objectives and obtaining the desired results.
'.
10. Protection of ProprttUly InfofmaUaft
10. t Chent will keep in c:onlldellce and protec:t Proprietary Information
from disclosure 10 third parIie8 and rnlrlct lis use as provide<llt'l ItIls
A~eement. Client acknovMdges thet unsuthorized disclosure of Pro-
prietlry Information may cause .iGslBntill economic loss to Unisy' or its
licensors. All materials contlinlftg Proprietary Information will be marked
WIth 'Proprietary.' 'Conftdential,. or in a manner which gives notice of lis
proprietary nature. proprtetary Informllion wi. not be copied, in whole or
in parl. except when essential fOI correcting. generating a modifying
ProprielBty Inlom1ation for Clients aulhonzed use. Each copy, including
ils storage media. IlliU be marked by Client with all notices which appe.
on th. original.
10.2 Upon termination or cancellation of any license granted under lhis
Agreement, Client will dnlJoy (and. in writing, certify dt1truction) er
rllum to Uni&ys all copies of the Software the Iieanse for which has
been so terminated or canceled and any other related Proprietary
Infolmaticn in eli.seSSion (including Proprietary Inronnation.
incorporated in oth re << writings).
10 3 Ally icl8as, concepts, know-how. dati processing techniques.
Software, dOcumentation, dia"ams. schematics or blueprints deve~
by Unisys peI'$Onnel (alone or jointly with Client) in connection ~th
Information Services prOVided to Client will be the exclusive pl'ee.rty of
Unisys. Unlsys granls to Client a non-exclusive. royally-free license to
use Bny of the fOlegoing in accOldance wilh the terms of tlIis
A!J'eement.
10.4 Client ackno~edges \hIt all support materials, including ""'thout
Iimilatlon. diagnostic software, are the property of and include Pro-
prietary Infannelion of Unisys. Client sssur=t that such materials Vlrill be
used only by Unisys maintenence personnel, and lhat Unlsys haa lhe
right to remove such materials from Clienfs facility at any tine. This
provision appijes even though such mat"ials may be listed in !he
U nisys price lists. ~atilogs, invoices ct conlracts.
10.5 Client will inform its employees of Iheir obliQlltions under this
Section 10 and insfuc:t them so as to ensile sudt obligations are me..
tU This Section 10 INiIl survive termination or cancellation of this
A~ent.
11, LIcense
11.t Unisys grants III Client a persanal. non-elclusive and non-
hnstll'able license to use Software and related documentation ae:-
cording to !he terms and conditions or ItIis Agreement, solely for
elienfe inlemat data prgcessing requirements on the Unisys SPU in !he
Uniled Sliltes on which Software is initially instaled. Clienfs use or
Software will also be governed by .ny additional conditions which
Unisys may provide on or prior In delivery of Software. Client
a!J'ees that Unisys may periodically inspect lie computer site in order to
audit Software supplied by Unisys installe<2 at Clenfs site at mutually
agreed upon limes. \I a seplnlte license agreemenl accompanies non
Unisys commodity Software. lien the separate license a!J'"ff1lnt terms
will superwde the license terms in this AgrHment for that SoftWlre.
11.2 Client may modify any Unisys application Soft'Mlre and may
combine this Software INitll otller programs or materials to fonn an
updated wortl, provided lIlat upon termination of the license, the Unisys
application Software will be removed tram the updated WOI'k and
returned to Unisys. Clienl will not deCompile or disassembll anv
Soflware provided under this Agreement 01' modify SoftWare which
be.s a copyright notice of Iny third party.
11.3 Unisys pl'oYidel no media or documentaliOtl for So~ des,
ignated 'LO- (license Only). Client may make (8) one archival
copy (for backup purposes) of each ilem 0' SoftWare, and (b) one
eOll'l, as required, for each liceme ~nted of Softwllre designated .LO."
Each copy will conlBin alllegenclll and notices and will be subjtc:t to the
same conditions and rt1tric:tions as Ihe original. Soft\wtr. designated
.SUSSCRIt' (subScription) entitles Client to functional updates 11111
Unisys releases fOl the same elgible base Software during the
applicable term of the subscription. provided Client has I CUlTent lie:ense
and Ihe latest applicabl' Software Maintenance Releases for !tie eligible
base Software. Softwwe designated "DRIVER" is for use solely with
lhose models 01 device types specified in Ille drivers then~Urrent
published specification and a license is required for each separately
lldltessable unit of a device type.
11.04 If the SPU on which any item 01 SoftWare is licensed becomes
temporarily unavlilable. use of such Software may be temporarily
transferred to an alternative SPU until Ihe originll SPU becomas
aVlilable.
tl.5 No license is glInled to Client to \lse any Unisys proprietary
operating syslem Software to assess. test or develop any llardWwe
products or device handler software or operdng S)'lItem sollware ht
will be mll'keted by Client or oltlers for canpensation. Client may ~-
valop oll\er software progrllll1S and may test fully developed, commer-
cially lvailebl, non Unisys hardware prodlK;ts or software pl'll!1ams
where such testing is solely intended fot Chenrs in.mal
evaluation of the fitness of such procIuct or pra",am for Client's own
int",nal data processing purposes.
3 0114
43053982.(106 (31991
11'.6 II Client desires to: (a) use Soltwa~elVice :lW'latI mode.
(b) use Software at another location, (c) ~r. a. restricted in
Section t 1 .5. eI (d) transfer operaliolUll use of the Software to a lJritd
party: lhen Client must request prior permission in writing from Unisys.
Unisys will then advise Client ~eltlet, and under whit terms and
conditions, Unisys wiU rlCenS8 the Softwlre al requlsted, All resriclionS
applicable ~ Clilllt MI_ IppIy to any permitted Ser'4lce bur.au or
third perty lisen,
11.7 This Agreement dOes not transfer to Clientlitle to any intellectual
pr~erty conlained in any Sott.re, documentallon or Proprietary
I nforma lion
11.8 No pa-ty is antlUed to use any Software unless till plrty has a
valid wiltefllicense to use such Software and aU applicable chlllJ8S rei
.the use of such Softwlre have been paid. exctj:lt that Client may
authortze tempanry use of Software by a third pwty. only for Cllenrs
benefit. to assess, test or develop softwwe programs to !lie extent
authortzed by Section 11.5 or to pIl'form conS\lltinll services and stud-
Ies. provided such lhtd party agrlllS in \\Titing to be bound by tile
provisions of this Agreement regarding Pr~rietlfY Infgrmation and
Sottware.
11.9 This seclion applies CO 'an procurements of SoftWare and doev.
mentation by or for the U.S. federal government. By Iccepting delivery
of thl Sotlware and <loClImIntallon, the government hereby agrees that
the Software and documentation qualifies IS ocommercial" computer
sotlw8re and commercial softwlr, lSOCumentatlon WilNn tile meaning of
the acquisition regulalitln(s) Ipplicable to Ibis procurement. The lerms
and condilions of this license sIIa" prescribe th. government's use and
disclosure 01 the Softwlre and documentation, and shall supersede any
contrary provisions. The gov.nment agees to return Ibe Soflware.1IId
" documentation unused if any pravision 01 tllia License does not meet
the goy<<nment'l ICNa! minimum needs or iI the government objects to
any term of this license and the parties are unable to reach agreement
on \he terms of ilia license. The fonowing slalement applies only to
procurements governed by OFARS Part 2274 (OCT 1988): 'Res.icted
Rights - Use. duplication and disclosure by the Government is S41f)Jeet 10
resh:1ioni as set forth in subparl9'Ph (e)(1 )(ii) of the Rightl in
Technical Data and Co~uler Software clause at DFARS 252.227-7013
(OCT 1988)"
12. W~rr.llties and Disclaimers
12.1 EXCEPT AS EXPRESSLY ST ATEO IN THIS AGREEMENT, THERE
ARE NO WAARANTIES, EXPRESS ~ IMPliED, BY OPERATION OF
LAW OR OTHERWISE. UNISVS DISCLAIMS THE IMPUEO WAA-
RANTIES OF MERCHANTABlUTY AND FITNESS FOR A PARTICULAR
PURPOSE A3 TO BOTH UNISYS NfJ NON UNISYS PRODUCTS AND
SERVICES. UNISYi WARRANTIES EXTENOSOlELYTO CLIENT. YEAR
2000 WARRANTIES OF EOUlPM9T AND SOFTWARe ARE MADE
SOLELY IN seCTION 12.4.
12.2 Equipment
(a) Unisys WllTants that equipment will ~ rr.. from derecls in malenal
and wotkmanshtl Bnd will substantially conn 10 relevant Unisys
published specifications for a perIocI of twelve monUls from its In-.
stallat,on Dlle. Equipment (i) mllJ be newly m.nufletured, (ii) may be
assembled from new or serviceable uslel parts thaI are equivillent 10
new parts in performa~, or (ii) may have been previously installed.
During this twelve month warranty period. Unisys will repair or replace
any delective item of equipment or pIIrt or component of equipment
promptly reported or sent to Unisys by Clienl which Unisys delermines
WIIS defective due to faulty material or workmanship. Client WIll pay
transportation and insurance costs 10 ship equipment if an olf,sitl repair
location is designated by Unisys: Uni~s IMII pay the retum costs il tile
equipment was defective. Labor costs af diagnosis arl not included in
this _rranly.
.(b) Secause equipnent requires on.going rTlIintenenc.. 1tle preceding
II/llrranty is flot a substitute far SURETY Sl4'PQrt Services, which are
available to Client !or . charge
(c) Uf\i$y::! melllcos n~ r'fll'OHntation or were.nly Is to non unlsyl
equipment provided to CUent, an of wIlicn is GOld or licensed to Client
'A8 IS.' Ctienl a~.Alook SOlely to the warranties and remedies, if'
any, provided by ~f8cturer.
12.3 SoftWare:
(al Each itam of SO/lwatl with the designation W is, in its unaJlllrecf
form, warranted ror 110 days frOl'll its Installation Date to conform sut).
stantialty to the then-curT.nt ptblished fundianal specifICations.
ptovided such Softwlr. is used In a maMer consistent with any
applicable Unisys minimum equipment and software configuration
specifications. Umsys 11/111 make reasonaele enorts rc correcf such 8ITDl'I
reflecting significant deviations from the functional specifteations as are
reportad by Client to Unlsys during such warranty period.
(bl Becaust not aU errors in SoftWare can or need be correeled, Unisys
cloes not warrant thaI all Sottwwt defecls Will be corrected. Similarly.
Unisys does nol warrant Ibat 1tle lunctions contained in the SoftWare 'MIl
meet Clienrs requirements or that the Software will operatll in
combinations selected for use by Client.
(c) AU oilier Software delivlI'ed is nol warranted by Unisys and ie
licensed 'AS IS." In the case of nOli Unisys Software. Client al1en to '
look solely to the walTanlles and ~emeclies, if any, provided by the
Unisys ticensor or vendor.
12.4 Year 2000, Equipment and Software
(a) Unisys W8/'rents thlt tile Products designated OR' in the Y2K Ready
column In the relevant Schedule to this ~eement will be capeble,
when used in accordance With the applicable Product documentation
provided by Unisys. of accurately processing dais data OnCIuc1lng. but
nol limited to calCUlating. comperlflg and sequencing) from, into and
between /he 2011I and 21st centuries and19~~ and 2000. lneluclng leap
Y'. cllculations. provided tl\at aR third party products and Client's
customized data processing materials used In combination With Ole
Products properiy exchange dete dell with the Products (hereinafter
'Vear 2000 Read'l). Unisy1 will repeir or replace Products hi do IIot
accurately process date dall IS set forth above. provided: (~ Client
notifies Unisys before March 31. 2000 or. ;f later. before the Ixpiratlon
of any general _ranty period lor the Products under Sections 12.2 or
12.3 above; and (ii) Client keeps tne Products at tile t~en<urT.nt
release level(s) and. in the absence of a general W8rTlnly or alter any
general WIlTanty pll'iod. enrollec:t continuously unc:ter Untsys
maintenance.
(b) Unj~ makes no warranty for dale data functionality for Products
designated '\I" in tile Y2K Ready column. Unisys obtains these ProduC1s
from tnird parties and ~II pess on to CNent well tlate data functionality
warranties, if any. as tile Product vendor permits Unlsys to peM along
on the Product vendor'. behalf to end users. C~ent agrees to IOClk solely
to such Product vendclts lor correction or repair of defects in dale data
functionality of such Products.
(c) Products deSign.tld 'Re' in the Y2K RB8dy column are obtained
from Ihird parties and are WllIl'anted.s 'R" according to Section 12,4(a).
above. when: (~ acquired from Unlsys: and (Ii) designated by lkIisyc for
use as I component in I Unisys packaged style designaled oR:' and (10
used by Client onty as a component in that unlsys packaged style. In an
other instlncas, a Product designated 'Re' will be deemed and treated
IS a 'V' Product under Section 12 .4jb). above
(d) Unisys makes no v.wranty for date data functionality for Products
designated 'W or 'U" or for Products with no designation in thl 't'2K
Ready column. Client acknOYo4edges that it understandS that Products
designated 'NO are not and will nol be made Year 2000 Ready and that
Unisys disclaims any warranty 01 the Product's abitity to function
corrllct~ ""en dealing Mth dates. Client has independently evaluated
the Products and. noNrilbstanding the foregoing. confirms its erder for
the said Products and 19'88' its use of such PrD4.1cts will be at its sole
risk.
12.5 SURETY Support Servic..:
(a) Unisys warrant. thaI equipment and Software will be suppor1llld in
accordance With !lie specific SURETY Support Service seleclied. UnlS'(1
sell and exclusive obligations undar this 'MIIIT8nty will be to conform CD
Itte :SUReTY ~upport Service Oeseripuons. Equipnent parts wnlcll are
removed for replacement by Unisys become the property 01 Unisys.
~3()5 3982-006 13199)
,. 0114
; "
(bi :TO detemline eli9bili~ a~ prerequi~or SURETY Supt:)Clrt
SINM;8S. Unisys may requn Iftspec;tion. ~t expeMe. of equep.
ment which (i) has not been maintained continuousl'f by Unisys from tt1e
date of purchne by Client or (i1) has been relocated.
(c) unisys requires tile same SURETY Suppor1 Service level lor the
SPU and all equipment and Sollwllre that is eligible fOl SURET'f
Support Services and interoper1r.a wilh the SPU. Application softMlr..
10cII area netwcrts. wcrtslatioM. and remote data communicaUons
. Products are excluded from III. requirement.
(d) SURETY Support Services de nat cover the parts and service
reql.lired to repair damlga or cmect errors attributable 10 (i) alterations
or OUI-cf,specitlcalion suppl~. (ii) accidellls. misuse. negligence or
failure of Client to fallow instructions for proper use, care and cleaning
of eqJipment. ~ii) extemal factors (e.g.. failure or fluctuation 01 elecijcal
power or ai' conditioning. fire, Rood). or (iv) failure by Cflent to comply
with UniSyS environmental specifications.
(e) SURETY &\4lPort Services apply only to properly configurlCl
Proc1ucts at the minimum hardware Md so/twar. levels designated by
Unisys for $Upp0lt of tile aprlIieable Product specification. SUREn
Support Services will include repair or correclion of matefial deviations
that prevent tile Prodllctfrorn being Year 2000 Ready only il the Product
is Wlrl'Inted as -R" according to Sections 12.4(a) and (c) and Unisys is
then currently providing <Iev,lopment center support (also caned
engineering support) fOl tile Product or. if Unisys discontinues
development center support. a Unisy$ created repair or CCllfec:tion
already ellists for the same deviation. Except as provided in the
immediately preceding sentence. .,1 SURETY Su~ort Servtees
provided by Unisys ellclude repair of damage or correction of errors
related 10 date data functiDnality.
/ (f) SURETY Support Services do not include correction or repair of
, defects. Including any related to date data fIlnclionality, in the design..
manufacture, materials 01' workmanship of eittlet (i) non Unisys servic:1$
Of products without a Unisys brand, Qt (ii) Product(s) for wl\icn Unisys
has discontinuld development center support
12.& Information Slrvlces:
(a) Unisys will endeavor to provide Informalion Services on a timely
basis subject 10 availability of qualified personnel and lhe dilllcutty and
scope of the setVices to b. provided.
(b) Unisys may Inign. r"$Slgn and substitute personnel at any lime
and may provide the same or simil. services and ma1erials to olhtr
clien13.
Ic) Information Services under this Agreement do nol include any
services related to date data functionality, including setVic:es pertaining
to Yur 2000.
, .
13. Alterations and Atbchments
13.1 If UnisY$ is providlllG SURETY Support Services. Client "". give
Unisys prior written notice of .ny proposed altefations or allachmenls to
equipmenl. Unisys hiS no obligation tD provide SURElY Support
Services fOI non Unisys attachments, allered equipment 01 modified
Software. Should Unisys a~.. to maintain. support or correct altered
Products, Unisys may impose IIddiIionaI cIIaf~S.
13.2 Unisys is not rl$poIl8ibII for allY malfunction. nonpetfonnanca or
degadation of petfonnanee 01 Products, SlJAlHe:s or maintenance
suppcrt materials caused by or r..uJlIng directly at indireclly from any
alteration or attachment unless Unisys is maintaining and Client has
notified Unisys of the alt"aUOn or attachment that causes Ule
malfunction.
13.3 Unisys warranties will not apply if attachment of non Unisys
equipment 01' alteration of Prcclucl:s directly or indireclly results in any
malfunction, nonperformance at degrad8don of performance of Un;.y.
Praclucts; in addillon, Client will be solely responsible for resulting
infringement. personal inilrf or damage to property and Products.
13.4 Fat PWPOMS 01 this ~eement. "alterations" includes. but is not
limited 10. the incorporation of non Unisys components. boardS and
subassemblies Inll> equipment, 8S Will as modifications to Software.
'AlIacllmenls' includes. but is not limited to. any non Unisys
5 of 14
equipment. salW.~on.nts 01' deviees whieh ara connecttd to
Unisy1 Products.
14. L.lmlt.aUon of Liability
14. t UNLESS FURTHER UMITEO ELSEWHERE IN THIS AGREEMENT,
THE EN11RE UA8lUTY OF UNISYS AND WENT'S exCLUSIVe
REMEDY FOR DAMAGES FROM ~Y CAUSE RELATeD TO OR AA1~
IHG OUT OF TIIS AGREEMENT, REGARDlESS OF THE FORM OF
ACTION, METHER IN CONTRACT OR IN TORT, W1U NOT EXCEED
THE GREATER OF (a) $100,000 OR (b) THE CHARGES PAID TO
UNISYS DURING THE 24-MONTH PERIOD IMMEDIATELY PRIOR TO
CUENT'S NOTICE PURSUANT TO SeCTION 1&.1 FOR THE PRODUCTS
OR SERVICES WHICH ARE THE SUBJECT MATTER OF OR DIRECTLY
RELATeD TO THE CAUses OF ACTION ASSERTED. THIS SECTION
1..1 DOES NOT APPLY TO CLAIMS COVERED BY SECTION 15.
14.2 IN NO EVENT W1U IMISYS BE LIABLE FOR (a) NlY INCI-
DENTAl, INDI~CT, SPECIAL OR CONSEQUENTIAL. DAlMGES,
INQ.UDlNG, BUT NOT UIltTED TO. lOSS CF USE, REVENUES,
PROFITS OR SAVINGS. EVEN IF UNISYS KNEW OR SHOULD HAve
KNOWN OF THE POSSIBIUTY OF SUCH DAMAGeS, (b) C~MS.
oeMANDS OR ACTIONS AGAINST ClIENT BY AllY PERSON, exCEPT
AS PROVIDED IN SECTION 15, OR (e) LOSS OF OR DAMAGE TO
CUENT DATA FROM AJtf CAUSE. .
14.3 The entira Dability or Unisys an:.! Clienrs exdusive remedy for any
defective non Unisys Product$ provicled under thi$ Agreement is limittd
to tllail' relUm to Unisys within 9Q days aft. shipment fat refund 0' ttle
amount paid Ie Unily$ for such Products (not including any amounla
paid lor related services).
14.4 Unisya may direct Client tc third parties having products 0(
services which may be of Inwest 10 Client ror use In conjunetlon with
the Products. Not\l/it1lstanding any Unily$ rec<<nmendatlon, rel'en'al or
introduetion, Client win independenUy investigate and test non Uoisys
produets and SefVicet and will have $Ole respansitlitity for detenninint
suitability lor IIse of non Unisys products and services. Unisys has no
liability with respect to claims relating 10 Of arising from use of non
Unisys products and services. including, wltl\out limitation. claims
arislOg from Ia~"e of non Unisys products 10 provide propel limit and
date Iunctiona~ly.
15. Patent. Copyright and Trade Secret Indemnification
15.1 Unisys, at its 0\Ml expense. will defend and indemnify Client
against claims that Products furnished under this Agreement inrringe .
United States patent 01 copyright or misaFFoprlate trade secreta pr0-
tected under United Stat8$ law. provided Client (a) gives UniS)'$ prompt
written notice of such claims pursuant to Section t7. ~) pemlits Unisys
to defend or settle lI1e clams, and (c) Pfovides all reasonllble
assistance to Unisys in defending or settling the claims.
15.2 As 10 any Product whiCh Is subleclto a claim of infringement Of'
misappropriation. Unisy. may la} obtain the right of continued use or the
Product for Client or (b) replace or modify lhe Product to avoid tile
claim. If neither alternative is avaiBble on cOlmlercially reasonable
terms. lhen. at the rCque'Jlt of Unisys. any applicable Software license
and its charge$ will end, Client will slop using the Product, and Client
will return the Pradue! to Unisys. Upon retum of the Produet. Unisys will
giva Client a credit far till price paid to Unlsys. less a reasonable offset
ror use Ind obsolescence.
15.3 Unisys will not defend or indemnify Client if any claim or In-
frin!jlment or misapprop'iation (e) is usarted by a parent. subsidiwy 01
affiliate of Client (b) results "om Client's design or alteration 0' any
Producl. (c) rnutts from use of any Produc:t in conilination with any nen
Unisys product. or (d) relates to a non Unr.sys Product alone.
t5.4 This Seclion 15 slates tile entire liability of Unisys and CII.nts
sole and exclusive remedies for patent or copyright intingement and
trade secret mislppl'opriaUon.
16. Termination and CuceUatioll
16.1 Unisys may suspend SURETY Support Services if any payme'" fer
such s8fVice und.. this Aveement is past due more !han 30 days.
4305 31182-OOi (3199)
. .
,
{B.2 Unisys mlY ttmlinate SURETY ~0rviCAs or change sup-
port to Cliellt far a Product IC)On silc.,':i's .itten notice Of at
lhe expiration of the lIIen,current term for SURETY Suppor1 Services,
whichlNer occurs ..rtier
18.3 Either party may terminate any licensl for Software 01 any
SURETY Suppcx1 Serve. upon expiratiol\ of the ajlplieeble term
by providing 30 dayS prior.itIIn neb. Faiure to give such nodc.win
result in a renewal or exleneion of Iht license or service in accordlllC8
with the pl'owlsions of lIIis Ageemenl The licenses for any Software
automatically terminate upon ClIenrs discontinuanc. of USl of the SPU
on which ttw Software was f1censed, atlllhich lime Client must either
destroy or re(lI1l !he Software and dOcumentation to Unisys. Upon
termination 0( cancellallon of SURETY Support Services. all diagnostics
. will b. relUmed to Unisys. .
16.4 Without prejudice to olher remedies. Unisys mlY cancel tllis
~eement or any order placed under it. for dllault and repoSllAlSS
Products (lllCeluding only equipment for which the purchl$8 price has
been fully paid). if. ~ \llrittan notice, Client "Is 10 (a) make any
payment identified as delinquent (including payment 01 ch.gn I" .
services) within ten d8y$ or (b) cure any derault relating to S~tions 10
or 1 1 IlIittlin 30 days.
I e.s Unisys may lerminate SURElY Support Services on 30 days prior
'Mitten notice if Unisys determines lIIat any altl!'llions, attaclmenls,
Client Software modiflcalion or failll'e to install 8 maintenance releasl
wllllnt.fere with ltIe provilion of such services.
18.8 T ermillltion or cancellation of tllis Agteement will not afflct any
rights or dulies arising under it with respect to Proprie1alY Inlormation or .
seell'ity int<<est.
/
'17. Notic;..
17.1 AU notices required by ItIis Agreement 10 be ~en to Client wilt be
sent to its address on ltIe cOlIer page of lhis ~eemenl.
11.2 All nolicn required by Sections 16 and 18.1 and al reqUK15 for
information under Section 8 wiD be sent by certifted or registered mail
and, When given III Unjs~s. adctessed to:
Office of General Counsel
Unisys Corpontion
Unisys Way
BlueBell PA 19424
cc; Regional VICe Presidetlt
17.3 All oltler notices to Unisys will be sent 10 lIIe Unisys offiCI which
has been servicing Clilnl.
18. Dispute Resolution
18.1 Disputes and Demands 0 ANt ClAII OR CONTROVERSY
RfLATED TO OR ARISING OUT Of THIS AGREEMENT WHETlER IN
CONTRACT OR IN TORT ("DlSPUTE1, WILL BE RESOlVED ON A
CONADENTIAL. BASIS ACCORDING TO TIE FOllOWING PROCESS.
WHICH EITHER PNtTY lAY START BY DELM!R1NG TO THE OTHER
PARTY A WRITTEN NOnCE DESCRHING THE DISPUTE AND THE
AMOUNT INVOLVSJ ("DEIIAND").
18.2 Negotiation and IIedItIItJaft 0 AFTER RECEIPT Of A DEMAND,
AUTHORiZED REPRESENTATlVE& OF THE PNtTIES WlU.IlEET AT A
MUTUALLY AGREED UPON TIlE AND PLACE TO TRY TO ReSOL.VE
THE DISPUTE BY NEGOTIATION. IF THE DISPUTE REMAINS UN-
RESOLVED AFTER THIS MEETING, EITHER PARTY UAY&TART
MANDATORY NON-SINDlNG IEDlATION UNDER THE COMMERCIAL
MEDIATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION
(A.M).
18.3 Ar'Oltrlllon. IF THE DISPUTE REMAINS UNRESOlVED 45 DAYS
AFTER THE RECEIPT OF THE DEMAND, ElnB PARTY MAY START
BINDING ARBITRATION lJU)ER THE COMMERCIAL ARBITRATION
RULES OF TIE AM. THE ARBITRATION WlU. Be BEFORE ONE
ARBITRATOR; HOWEVER. BEFORe THE SELECTION OF THI!!
ARBITRATOR. A PARTY ~OSE IDENTITY WlLJ. NOT BE RMALEO
TO THE ARBITRATORS) MAY REQUIRE, AT ITS sa.e ADDITIONAL
EXPENSE, A T~BITRATOft PNEL. AT lEA.ST ONE Mil-
TRATOR WILL .~ ATTORNEY. NO STATEMENTS SV, OR
COMMUMCATICNS BETWEEN, THE PARTIES CURING NEGOTIATION
OR MEDIATION, OR SOTH, UNDER SECTION 11.2, ABOVE. WIll BE
ADMISSIBLE FOR Am PURPOSe IN ARSITRAnON, THE ARSITRA-
TOR(S) WILL HAVE NO AUTHORITY TO AWARD PUNlTIVI! DAMAGES
OR A14Y OTHER MONET MY RELIEF NOT MEASURED BY THe
PREVAILING PARTY'S ACTUAl. DAMAGES (ADJUSTMENTS FOR TIMe
v AWE OF MONEY PERMITTED), AJ#D WIlL NOT MA.I<E Nff tECISION
INCONSISTENT WITH THe TERMS AND CCIOTIONS OF TIo1IS
AGREEMENT. EACH PARTY WILL SEM ITS OWN INTERNAL
EXPENSES AND ATTORNEY'S FEES.
1ll.4 Court . NOTHING IN THIS SECTION 18 WIU. PRECLUDE A
PARTY'S RECOURSE TO A COURT '* COMPETENT J\RSOlCTlON
TO (II ENFORCE THE TERMS OF, OR AN AJUrRATION AWAIm
UNDER, THIS SECTION; (b) SEEK TEMPORARY EQUITABlE RJ:UEF
NECESSARY TO PROTECT ITS INTERESTS; OR (c) RECOVER
SPECIFIC PROPERTV,INa.UOING 1M ACTION IN REPLeVIN.
18.5 Time LimIt, NEITHER ARBITRATION UNDfR THIS SfCTION
NOR NIY LEGAL ACTION, REGAAa..ESS OF ITS FORM. RELATeD TO
OR ARISING OUT OF THIS AGREEMENT MAY BE BROUGHr MORE
THAN 2 YEARS AfTER THE CAUSE Of ACTION FIRST ACCRUED,
EXcePT IF A DEMAND IS MADE WITHIN 45 DAYS BEFORE THE END
OF THIS 2 YEAR PERIOO, THE PMTIES 'MLL HAVE 60 AOOlTIONAl
DAYS FROM THe DEMAND TO STNtT ARBITRATION UNDER THS
AGREEMENT.
19, Other Provisions
t 9' All risk of loss or damage to Products w~1 pass to Client upon
delivlll)' to Clienfs localion. .
t 92 Neitl\er party w~1 be liable f<< failure to lulfia its obliga1lcns wilen
due to causes beyond ill reasonable control.
19.3 Any 'allure or delay by either patty in ellerc:ising any right or
remedy wiR not constitute 8 waiver.
19.4 THIS AGREEMENT WILL BE GOVERNED BY THE LOCAL LAW OF
THE COMMONWEAl. TH Of PENNSYLVANIA.
19.5 This ~eement constitutes tile entre agreement between the
parties wi1h respect to the Products and services pC'ovided hereunder
and $upenedes all prior proposals and alJtements, bolh v.ritten and
CInII, and all other written and oral communications bet.wen the parties.
Statements made to you in the course 01 th~ sala are subject to the
Year 2000 Informalion and Readiness Disclosure Act (15 U,S.C.
t.note). In the 1:8$' of a dispute. this Act mlY reduce your legal ri~ts
regarding 111. use of any such stelem.nt., unless olllerwise specified by
your contractor tarin. The terms and conditions of this Agreement win
supersede all other terms and conditions submitted by CUent, including
any preprinted terms on any Client purcllase orders.
19.e Unisys may assign lhis Agreement or its interest in any equipment
01 assign the right to receive payments, WIthout Client's c:onseflt. Ally
such assignment. hOW8'ller. wUI not change the obligations of lJnlays to
Clie~t. Cticnt will not assign or trans'" its rights or obligations undlt
this AlJeement \iAthout prior v.fitten consent of Unisys. Any assignment
or transfer prohibited by this provision will be void. Unisys mlY
subconlract any serviCes desCfibed In this Agreement to third parties
selected by Unisys.
19.7 The terms and conditions of this Agreement may be modified only
by a lM'iting Signed by a Uni$Ys Vice President, General Manager or
Contracts Manager.
19.8 Each paraf1aph and prOVIsion of this A,.eement is severable, and
il one or more p8r&g1llPhs or provisions IIrll declared invalid. the
remaining provisions of ltIls Agreement will remain in full tace and
effect.
19.9 Prodllcls and services provided under this 1qeement may be
subjllC! Ie U.S. and other govllfTlment export eonltol regula1ion.. Client
assures ttlIt it will comply with all applicable export laws and regulations
",elated to lIIe use, disclosure. IXPort. or reexport of these Products and
services.
6 of 14
430~ 3982.006 (3188)
UNISYS
Supplemental Schedule Order
rgreem:~~::7~
Client
City of Santa Ana
Description of Products/Services
V Series ETP License. This order and term shall end on 6/30/2010. Payment is due before 6/30/2008.
Exhibit B
This Order consists of the Products and/or services described on the forms listed and checked below:
Check if Number Total dollars Form number Description
applicable of pages
0 43054931-006 Equipment Sale Schedule
~ 1 130,589 4305 4933-006 Software Licenses Schedule
-
0 4305 4934-001 Information Services Schedule
-
0 4305 4940-005 Support Services Addendum
-
0 4305 4942-002 Support Services Schedule
-
0 4305 4944-002 Support Services Schedule for Desktop Equipment
0 4305 4935-001 Systems Integration Addendum
-
0 4305 4936-002 State and Local Government Addendum
-
0 4305 5383-002 Statement of Work
-
0 4305 7940-002 OS2200 Metering Software Schedule
-
0 4305 7942-003 MCP Metering Software Schedule
-
0 4305 7944-001 NDP Measured Software Schedule
0 4305 7975-002 Application Software Support Services Addendum
-
0 4305 7983-001 Application Support Services Schedule
0 -
0 -
This Supplemental Schedule Order ("Order") is placed under the Agreement identified by the Agreement Number listed above. Unisys may
accept or decline this Order. The terms and conditions of the Agreement will govern this Order. If there is no Agreement Number listed above
when Client signs this Order, the Order will be governed by the Agreement that is identified below and attached to this Order, and Unisys will
assign an Agreement Number upon its acceptance of the Order.
Agreement title and form number (complete only if there is no Agreement Number in the block above)
Agreed and Accepted
Client:
t:1 -. ,.,
4-t~~ t '
i:tirr...J /-<:::/?~. ..~
(/. -
(Signature) (/
Thomas Jo Gergen
(Printed/typed name)
Manager, Information
(Title)
4/29/08
(Date)
(S
I I
Hl1t+ V e r-,
(Printed/typed name)
Coo.'\'~ {""tch
(Title)
Services
4305 6209-009 (9/05)
Unisys
Software License Schedule
Equipment Location
CITY OF SANTA ANA 20 Civic Center Plz
Santa Ana, CA 92701-4058
List of Products Applicable to this Agreement
Agreement Number
199120112
Currency: use
Item Style Description Qly Warranty License License Initial Ucense Installation
No. Plan Charge Charge Charge
1 V300-CE1 DEV AI D:CANDE 1 W ETP24 19,990
2 V300-COB CMPLRCOBOL 74 1 W ETP24 30,982
3 V300-DM2 DATAMGT:DATA MGMT II 1 W ETP24 102,937
Software Discount -23,320
Page: Purrnase Price Page: Install Charge
License Plan 130,589
1. The initial license term (and the corresponding charges for licenses) will begin upon Unisys Shipment or Clienfs Total perchase price Total Install Charge
download of the Software or Software key. Temporary backup use of Software may require Client to purchase 130,589 0
additional enabled performance for the backup SPU. Grand total 130,589
2, Software licenses for which Unisys charges either an Annual License Charge (ALC) or a Monthly License
Charge (MLC) will continue on a month-to-month basis and the ALC will renew annually until the license is
terminated or canceled in accordance with the Termination and Cancellation section in this Agreement
3. For certain licenses, Unisys may charge an Initial License Charge which includes the first monthly or annual
license charge.
4, Extended Term Plan (ETP): Software licenses for which Unisys charges a single fee may have a 12 to 84 month
extended term. Upon expiration of the extended term, the license will be automatically continued on a month.to-
month basis for a Monthly License Charge, unless terminated in accordance with the Termination and Cancellation
section of this Agreement, or Client may pay another ETP fee for an additional extended term, if available.
5. One Time Charge (OTC): Client may use the Software for so long as Client continues to use the Software on the
equipment, include SPU(s), for which it was licensed in accordance with the Agreement
6. Software that has no license charge listed on this Schedule will have a license term that is coterminous with
Client's possession and use of the equipment on which the Software is installed.
UNISYS SHALL HAVE NO LIABILITY FOR ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION BASED
SOLELY ON OPEN SOURCE SOFTWARE OR THIRD PARTY SOFTWARE CONTAINED IN ANY UNISYS
PRODUCT,
. Software designated Subscription ("SUBSCRN") enti~es
Client to receive functional update releases for the Software
during the subscription term, provided Client has a current
license and the latest applicable Maintenance Releases
for the Software. Software designated License Only ("LO")
is provided without media or documentation; Client may
make (a) one copy of the item for each LO license
granted by Unisys, and (b) one copy for backup purposes,
with each copy retaining all onginal notices and legends.
Software designated Driver is for use solely with the device
models specified in the drive(s then-current published
specification; a separate license is required for each
individual addressable device.
43054933-007 (11/06)
approved by the City Manager and City Attorney, (Items 25,A
through 25,Q,)
25.A. AGMT 2008-076 HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-02 - With, Jeffrey P. and Kathleen T. Dobias for
the structure located at 1920 North Greenleaf Street - Planning and
Building Agency
25.B. AGMT 2008-077 HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-03 - With Karen R. Klosterman for the structure
located at 2301 North Flower Street - Planning and Building Agency
25.C. AGMT 2008-078 HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-04 - Steven E. Nickols for the structure located
at 2448 North Riverside Drive - Planning and Building Agency
25.0. AGMT 2008-079 HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-05 - With Steven and Kimberly Rodriguez for
the structure located at 2460 North Heliotrope Drive - Planning and
Building Agency
25.E. AGMT 2008-080 HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-06 - With Angel Barnes for the structure located
at 2006 North Victoria Drive - Planning and Building Agency
25.F. AGMT 2008-081 - MAINFRAME COMPUTER SOFTWARE LICENSES -
With Unisys Corporation in the amount of $141,000 for a two year term-
Finance & Management Services Agency
25.G. AGMT 2008-082 - FIRE ALARM SYSTEMS MAINTENANCE AND TIME
CLOCK SUPPLIES - With Simplex Grinnell in an annual amount not to
exceed $65,000 - Finance & Management Services Agency
25.H. AGMT 2008-083 - COOPERATIVE AGREEMENT FOR COUNTY'S
PROPOSITION 1 B ALLOCATION FOR CITY STREETS - With the
County of Orange to receive a portion of the County's Proposition 1 B
State allocation funds - Public Works Agency
MOTION: Benavides
SECOND: Tinajero
VOTE:
AYES:
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES
10
MAY 5, 2008