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City of North Olmsted, NY / xxx xxxx 42 <br />VENDOR shall be required to reimburse CITY for any reasonable costs resulting <br />therefrom. <br />G. FEDERAL AND STATE REPORTING <br />VENDOR also agrees to provide to the CITY, at no additional cost, enhancements due <br />to changes to federal or state reporting requirements in a timely manner while <br />maintenance agreements are operational. <br />H. SECURITY OF APPLICATION SOFTWARE <br />CITY will protect the confidential nature of application software by establishing <br />written procedures with respect to CITY's employees who are permitted access to <br />application software or prevent the application software from being acquired by <br />unauthorized persons. The procedures established shall be at least as stringent as those <br />in use by CITY with respect to its existing application software. CITY will promptly <br />notify VENDOR of any unauthorized person(s) having access to application software. <br />1. SOFTWARE MAINTENANCE PRICES <br />It is understood and agreed that software maintenance annual prices quoted in the <br />proposal shall be firm for five years from the date of installation. <br />J. NON-STANDARD SOFTWARE CHANGES <br />Any changes, modifications or enhancements to said software during the period of this <br />Agreement which are initiated by CITY shall be at a price mutually agreed to by the <br />parties. Any changes to software performed by VENDOR will be supported in all <br />future releases without extra fee if software maintenance is in effect. <br />K. OPERATING SYSTEM LICENSE <br />The Operating System license is defined in the Exhibits. Operating systems software <br />are those programs provided by the hardware manufacturer, including operating <br />systems and systems utility programs. The first annual maintenance will cornmence <br />from the date of delivery of the network servers and related components by the <br />manufacturer to CITY. The VENDOR will communicate in writing to the City <br />information about new releases of the operating system and VENDOR will advise <br />CITY which releases are authorized by VENDOR to be implemented. The City will <br />pay any applicable upgrade license fees or maintenance fees that are normally assessed <br />to all users of a new release. <br />L. OPERATING ENVIRONMENT <br />VENDOR shall review and provide written approval or rejection of the CITY's site <br />preparation plan and operating environment. CITY agrees to install an <br />uninterruptable power supply (UPS) or other VENDOR approved equipment to <br />prevent power spikes, battery backup, power conditioning, surges from damaging the <br />hardware or software. <br />Prepared by Barry Strock Consulting Associates, Inc. O 2004