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<br />INSURANCE ON FilE <br />WORK MAY PROCEED <br />UNTl\.INSURANCE EXP ES <br />6 - J.. 7 -c . <br />CIHI\ OF COUNCil <br />DATE: i1-/7-tJ3 <br />CPb <br />h.:till This agreement, made and entered into July 1,2003, by and between the City of Santa Ana, a charter city and <br />municipal corporation of the State of Cali fomi a ,hereinafter referred to as "City", and THE OMEGA GROUP, INC. <br />a California corporation, hereinafter referred to as "Omega". <br /> <br />A-2003-224 <br /> <br />CrimeView@ Software Purchase Contract <br /> <br />RECITALS <br /> <br />1. The City and Omega entered into Contract No A-200l-l59, dated October 10,2001 to create, update and <br />install a Geographic Information System based crime analysis system, as well as provide training on the system <br />(hereinafter referred to as "said Contract"). <br /> <br />2. Omega retained all necessary proprietary rights, patents and copyrights required to perform the services <br />detai led in said Contract. <br /> <br />3. The City desires to purchase three (3) additional CrimeView@ software bundles for use by the Police <br />Department. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. The term of this Agreement shall start July 1, 2003 and continue until terminated by either party. <br /> <br />2. Omega agrees to the following: <br /> <br />A. Omega shall provide three additional Limited Use CrimeView@ software bundles as set forth in Exhibit <br />A-I, attached hereto. <br /> <br />B. Omega grants to Agency the non-exclusive license to install and utilize the CrimeView and Spatial <br />Analyst software and associated services. <br /> <br />C. Omega will provide training on the utilization of the software for four employees of the Santa Ana Police <br />Department. <br /> <br />D. The parties agree that the City may purchase one additional software bundle on the terms and conditions <br />set forth in Exhibit A-I, at any time during the term of this Agreement. <br /> <br />3. For the software, associated licenses and training, City will pay Omega an amount not to exceed <br />$25,000.00 (as further detailed in Exhibit A-I). Payment need not be made for work or products which <br />fails to meet the standards of performance which may reasonably be expected of Omega by City. <br /> <br />4. Omega shall hold and keep harmless the City and all officers, employees, volunteers and agents thereoffrom <br />damages, costs or expenses in law or equity that may at any time arise or be set up because of injuries to or <br />death of persons or damage to, loss, or theft of property, including City's personnel and property, or from any <br />claim that Omega's services or products infringe a proprietary right, patent or copyright arising by reason of, <br />or in the course of Omega's or Omega's contractors, subcontractors, agents, employees, or other persons acting <br />on their behalf, performance of this Agreement, or arising out of Omega's or Omega's contractors, <br />subcontractors, agents, employees, or other persons acting on their behalf s intentional or negligent <br />performance of this contract. Omega, at its own expense, cost and risk, shall defend, with counsel appointed <br />