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CM-09-04-055Annual Renewable Service Agreement Client: City of Round Rock 221 East Main Street Round Rock, TX 78664 Phone: 512-671-2729 Contact: Jennifer Whitman Service Provider: WinCan America, Inc. 4921 Alexander Blvd NE Suite 6 Albuquerque, NM 87107 Phone: 505341,.0109 Contact: Lesley Escobar Effective Dates: Annual Renewable Annual Software Support Agreement (AGREEMENT) begins upon WCA's receipt of this SERVICE AGREEMENT signed by CLIENT and receipt of prepayment of fees. It will expire twelve months later. Once this form and prepayment are recehred, a fully executed copy will be returned by mail to CLIENT postmarked whin 10 business days. SERVICE AGREEMENT does not automatically renew and is only renewed at CLIENT's option each year, (filed in by WCA) SERVICE AGREEMENT & payment Received L L rat/0 S I Expires on 1 2- /3 Oct Fees & Tenn*: Service agreement includes Software Support Flan for one year, with a maximum of 16 hours live telephone support per month, in minimum 15 minute increments, for the annual period for the prepaid sum total of -- . Service agreement also includes zero (0) days with up to eight (8) hours of on-site service taken in at least one day increments. Any other hardware, software andior other products requested by CLIENT will be charged to CLIENT by WCA as specified in separately quoted fees and terms, Future SERVICE AGREEMENTS may be subject to different fees and terms. Software Stf000rt Strvicee: WCA and Client agree that WCA will provide telephone software support Monday through Friday, 8 am to 5 pm MST, by client calling (505) 341A109. This includes support of up to 16 hours live telephone support or remote control support per month. This includes support for software technical issues, access to download updates via the WCA website. Continuation of this ARSA provides client with discounts for all WCA services such as Annual Upgrade Protection, Hard Lock Assurance Program software upgrades to new versions, and more,. Scope of Servicet: WCA reserves the right at any time to determine that scope of services is beyond that of WCA support offering, This may inclede, but is not limited to, support for WinCan software not legally licensed through WinCan America, Windows Operating Systems, hardware drivers or similar type drivers, audio issues not related to WinCan specific hardware data integration with other applications, It is the WCA representatives right to determine a call is not within the Scope and inform the client. Cancellation: Either party may cancel the SERVICE AGREEMENT by written notice to the other at the above addresses. The unused portion of the SERVICE AGREEMENT, if any, will be refunded to CLIENT within thirty (30) days. In the event the CLIENT cancers the SERVICE AGREEMENT, the value of the refund will be determined by debiting per day of service rendered by WCA from the original purchase price. In the event WCA cancels the SERVICE AGREEMENT, the value of the refund veli be $1,000 for each unused day of services, Date: Date: La/ LSO9 Page 3 of 1 DATE: March 26, 2009 SUBJECT: City Manager Approval — April 10th 2009 ITEM: Consider executing the WinCan America, INC. Annual Renewable Service Agreement Department: Wastewater Line Maintenance Administration Staff Person: Daniel Saucedo Justification: The City requests continued annual support services with WinCan America, INC. Funding: Cost: $750.00 Source of funds: Utility Fund Outside Resources: Background Information: Public Comment: N/A