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Reso 2025-3888
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Reso 2025-3888
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Last modified
10/21/2025 10:20:20 AM
Creation date
9/29/2025 1:45:54 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3888
Date (mm/dd/yyyy)
09/18/2025
Description
Agrmnt w/ ETA PHI Systems, Inc d/b/a ETA Transit Systems for Transit Asset Mgmt & Intelligent Transportation Systems Software
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Software maintenance and support <br />Software products <br />The software products covered by this agreement shall be as set forth in included in the Quotation or Purchase Order <br />attached as Exhibit 1. If the quantity of products changes during the term of this agreement, a corresponding <br />adjustment to fees hereunder will apply for the remaining term of the agreement. Provisions hereunder are subject to <br />the Software Subscription Agreement attached as System Subscription Agreement, and no provision hereunder will <br />apply to software not licensed by the Customer under a Software Subscription Agreement with ETA. <br />Software maintenance and support services <br />During the term ETA agrees to provide certain services in support of the Customer's use of the licensed software <br />products. Services shall consist of: <br />■ Provide technical support help desk — see System Warranty and Support <br />• Provide software updates — Modifications or additions to software product that bring the product into <br />conformity with stated specifications, including correction of errors or bugs. <br />■ Provide software maintenance —Activities performed to ensure software product performs in conformity with <br />stated specifications. <br />■ Provide software upgrades — Improvements, feature additions or other enhancements which are in addition to <br />stated specifications. <br />Additional software services <br />Services performed by ETA in response to the following, are excluded from Software Maintenance and Support <br />Services and will be quoted and invoiced to the Customer at the applicable Software Developer Rate, for activities <br />performed at ETA facilities, and/or Field Service Rate below, along with other time and material costs incurred by ETA: <br />■ Customer request for Update or Upgrade Installation Labor <br />■ Customer request for Enhancements <br />■ Customer request for Integration with third party software or hardware that are not included in the Quotation or <br />Purchase Order attached as Exhibit 1 <br />■ Problems resulting from the hardware on which the software product is installed, or problems resulting from <br />hardware devices connected to the hardware on which the software product is installed <br />• Problems resulting from the misuse, alteration, or damage of the software product <br />■ Problems resulting from Customer use of versions of the software product other than the most recent update <br />delivered by ETA <br />Software service rates <br />ETA quotations and/or invoices for Additional Software Services shall include any combination of the following that may <br />apply: <br />16 o Agreements D System support agreement > Software maintenance and support Initials: <br />
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