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<br />. <br /> <br />1 <br /> <br />1.1 <br /> <br />1.2 <br /> <br />1.3 <br /> <br />2 <br /> <br />2.1 <br /> <br />. <br /> <br />. <br /> <br />A-2001-215 <br /> <br />RENEWAL SOFfW ARE AND HARDWARE MAINTENANCE AGREEMENT <br /> <br />(the "Agreement") <br /> <br /> f~;';UR':\~JCI. i"¡ <br /> <br />BETWEEN <br /> <br />¡i\fD¡WAIVED <br />;',: f' i ~~JC[lD <br />Cl.EF,",: OF C'JUNC¡¡ <br />i¡- }':;"'-l,.'j <br /> <br />IMAGEW ARE SYSTEMS, INC ("IWS") DATE: <br /> <br />AND <br /> <br />THE CITY OF SANTA ANA <br />A CHARTER CITY AND MUNICIPAL CORPORATION ORGANIZED AND <br />EXISTING UNDER THE CONSTITUTION AND THE LAWS OF THE STATE <br />OF CALIFORNIA ("CITY") <br /> <br />TERM AND PAYMENT <br /> <br />Initial Tenn. The initial tenn of this Agreement shall be for one year and shall <br />commence on February 1, 2001 and end on January 31, 2002. <br /> <br />Renewal Tenns. Subject to the receipt by IWS of payment for such services, this <br />Agreement shall be renewed annually thereafter, automatically, commencing on <br />the same month and day noted first directly above and ending on the same month <br />and day noted second directly above, for Three (3) additional one-year tenns, <br />unless either party gives prior written notice of its intention not to renew this <br />Agreement. <br /> <br />Annual Fee. For the services specified herein, except for those services <br />designated as "Extra Services" pursuant to Section 2.6 hereof, CITY agrees to <br />pay an annual maintenance fee ("Maintenance Fee") as specified in Exhibit A. <br />Annual maintenance fees will be due and payable on first day of coverage. Any <br />changes to Exhibit A will be provided to CITY before the start of that year's <br />commencement date. For additional hardware and/or software purchased from <br />IWS during the tenn of this Agreement and added to the System (as defined <br />below),CITY agrees to pay maintenance fees for the added hardware and/or <br />software on a pro rated basis commencing on the date of the installation of such <br />added items through the end of that annual period, and then annually, thereafter, <br />for so long as this Agreement is in place. <br /> <br />MAINTENANCE SERVICE TO BE PROVIDED. <br /> <br />General. IWS shall provide to CITY maintenance service with respect to the <br />Crime Capture System" (the "System", being the software purchased from IWS <br />and the related hardware, whether purchased from IWS or supplied by CITY). <br />The obligation ofIWS to provide such maintenance service shall not extend <br />beyond the items of software and hardware (the IWS supported items or <br />"Supported Items" as are identified in Exhibit A) that CITY has purchased <br /> <br />Page 1 <br /> <br />ver 02-29-01 <br />