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Mirasoft/Software Maintenance 00MiraCARE+ SOFTWARE SUPPORT & MAINTENANCE AGREEMENT Mi I ' S E P 2 2 2000 !' B m ..TAW---J This Software Support Agreement (hereafter referred to as "Agreement"), by and between Mirasoft, Inc., (hereafter referred to as "Mirasoft") and City of La Ouinta (hereafter referred to as "Licensee") and located in the state of CA entered into on the date of signature of this agreement by Mirasoft. WITNESSETH: WHEREAS, Mirasoft, Incorporated ("Licensor") and Licensee entered into that certain End -User Agreement (the "License Agreement") under which Licensee obtained a non-exclusive, nontransferable license to use certain computer software in object code form and related user documentation (the "Licensed Software") on certain terms and conditions: WHEREAS, Mirasoft desires to offer Licensee certain services with respect to the Supported Software on the terms and conditions set forth herein; NOW THEREFORE, in consideration of the premises hereof, and the mutual obligations herein, the parties hereto, intending to be legally bound, hereby agree as follows: Section 1 Definitions For the purposes of this Agreement, the following definitions shall apply to respective capitalized terms: "Critical Bug" shall mean any material error in the Software that causes the Computer to halt or not perform its primary function. If an alternative method of operation, 'work -around' can be identified, the error will not be considered a Critical Bug. "Errors" means any failure of the Supported Software to conform in all material respects to the functional specifications as specified in the applicable user manual(s) for the Supported Software published from time to time by Mirasoft. However, any nonconformity resulting from Licensee's misuse or improper use of the Supported Software or combining or merging the Supported Software with any hardware or software not approved by Mirasoft, or not authorized to be so combined or merged by Mirasoft, shall not be considered an Error. "Error Correction" shall mean either a software modification or addition that, when made or added to the Supported Software, establishes material conformity of the Supported Software to the functional specifications described in the User's Manual, or a procedure or routine that, when observed in the regular operation of the Supported Software, eliminates the practical adverse effect on Licensee of such nonconformity. "Licensed Software" shall mean that Software licensed by Licensee from Mirasoft which may or may not be covered by this Agreement. Page 1 C Licensee WasoA MiraCARE+ MAINTENANCE AGREEMENT Appendix A List of Software Original Products include Software in run-time format currently located on IBM PC compatible magnetic media and/or CD ROM at Licensee's site for the following Mirasoft modules as detailed on attached invoice(s) #4246 dated 7/1/00, #4247 dated 7/1/00 and #4248 dated 7/1/00. Software Licenses covered under this agreement are for a ForFUND/GVT Accounting System 1-ForFUND/GVT Client/Server 5-ForFUND/GVT Additional Clients 1-ForFUND/GVT Payroll Server 5-ForFUND/GVT Additional Payroll Clients 8-ForFUND/GVT ForInfo Stations 1-ForBusiness Licenses Server 3-For Business Additional Clients 4-ForMUNI ForInfo Stations 1-ForFUND/GVT Custom Programs Term: Annual Period: Aug -Jul Payment All payments will be made in United States dollars. All fees are due upon contract acceptance. Additional Services 1) During the Term of this Agreement, Licensee will be entitled to up to 1 (one) hour of PhoneCARE Telephone Support each month. If Licensee exceeds the I (one) hour limit in any one billing month, any additional time will be billed at 50% of Mirasoft's then current PhoneCARE Telephone Support Rate as published in the MiraCARE Price Book. 2) During the Term of this Agreement, Licensee will receive all product updates, upgrades (including Release Level Upgrades) and `bug fixes' via the World Wide Web on the Internet at no additional charge. (A media charge will be assessed for non Internet deliveries). 3) During the Term of this Agreement, Licensee will be entitled to Mirasoft NetTraining service at 50% of Mirasoft's then current Rate as published in the MiraCARE Price Book. Page 1 V/1 06/01/97 Licensee Mirasoft APPROVED: Mirasoft, Inc. Name: Signature: Title: Date: Page 2 MC+_A1-1.0.0 06/O1/97 City of La Quinta Name: Signatu�-+ L Title: Date: 9 /3 f 2tx�y Licensee Mirasoft Mirasoft, Inc. The Fund Accounting Software Company 865-F Coning Lane Vacaville, CA 95688 Phone.707-453-8300 Fax.707-453-8303 http:Uwww.mirasoft-inc.com DATE: 7/1 /00 INVOICEM 4246 POM N/A Salesperson: Sold To: John Falconer # 238 City of La Quinta - City Hall 78-492 Calle Tampico - P.O. Box 1504 La Quinta, CA 92253 Phone:760-777-7000 Fax:760-777-7105 ATTN: Accounts Payable Ship to: SAME Oty Ordered Qty Shipped Description Price Total MiraCARE+ Annual Maintenance Renewal ForFUND/GVT Financial Bundle 1 1 MiraCARE+ Annual Maint. - Server $1,500.00 $1,500.00 5 5 MiraCARE+ Annual Maint. - Addt'I Client $420.00 $2,100.00 1 1 MiraCARE+ Annual Maint. - Payroll Server $1,170.00 $1,170.00 5 5 MiraCARE+ Annual Maint. - Addt'I Payroll Client $420.00 $2,100.00 8 8 MiraCARE+ Annual Maint. - Forinfo Station $200.00 $1,600.00 ForFUND Accounting - Gov't Version Subtotal CD ROM - Release 3.0 OS: Win95/Win98/WinNT Tax Maintenance Period: Aug/00-Jul/01 Due Upon Receipt Total $8,470.00 $0.00 $8,470.00 Mirasoft, Inc. The Fund Accounting Software Company 865-F Cotting Lane Vacaville, CA 95688 Phone:707-453-8300 Fax.707-453-8303 http.lAvww.mirasoft-inc.com DATE: 7/1 /00 INVOICEM 4247 PO#: N/A Salesperson: Sold To: John Falconer # 238 City of La Quinta - City Hall 78-492 Calle Tampico - P.O. Box 1504 La Quinta, CA 92253 Phone:760-777-7000 Fax:760-777-7105 ATTN: Accounts Payable Ship to: SAME Qty Ordered Qty Shipped Description Price Total MiraCARE+ Annual Maintenance Renewal 1 1 ForBusiness Licenses Server (includes 1 Client) $1,330.00 $1,330.00 3 3 ForBusiness Licenses Additional Client $420.00 $1,260.00 4 4 ForMUNI - Forinformation Stations $200.00 $800.00 ForFUND Accounting - Gov't Version Subtotal CD ROM - Release 3.0 OS: Win95/Win98/WinNT Tax Maintenance Period: Aug/00-Jul/01 Due Upon Receipt Total $3,390.00 $0.00 $3,390.00 Mirasoft, Inc. The Fund Accounting Software Company 865-F Coiling Lane V"aville, CA 95688 Phone:707-453-8300 Fax.707-453-8303 http://Www.mirasoft-inc.com DATE: 7/1 /00 INVOICEM 4248 PO#: N/A Salesperson: Sold To: John Falconer #238 City of LaQuinta 78-495 Calle Tampico - P.O. Box 1504 La Quinta, CA 92253 Phone: 760-777-7000 Fax: 761-777-7105 ATTN: Accounts Payable Ship to: SAME Oty Ordered Oty Shipped Description Price Total ForFUND/GVT Annual Maintenance $3,517.50 MiraCARE+ Annual Maint - Custom Programs LQ99-001 $1,500.00 $525.00 L099-002 $1,250.00 $437.50 L099-003 $750.00 $262.50 L099-004 - L099-007 $2,000.00 $700.00 LQ99-008 $1,000.00 $350.00 LQ99-009 $300.00 $105.00 LQ99-010 $500.00 $175.00 LQ99-012 $500.00 $175.00 LQ99-013 $750.00 $262.50 LQ99-015 "* Repl L099-011 $1,500.00 $525.00 Credit two months - Payment recv'd 10/13/99 for full year ($586.25) *"This will place client's account on normal ""annual maintenance renewal billing ForFUND/GVT Accounting Custom Programs Subtotal Release 3.Og OS: Win95/Win98/NT Tax Maintenance Period: Aug/00-Jul/01 Due Upon Receipt Total $2,931.25 $0.00 $2,931.25