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<br />INSURANCE _~or ON FILE <br />WORK MAY NOT PRùCEED <br />CLERK OF COUNCIL <br />DATE: tf'-J -ð1 ~ <br />THIS Agreement, is made and entered into this Æ day of A4Á/)/ ¡,d. ,2004, by and <br />C, , fJb between IES Interactive Training USA hereinafter ("IES") and the ~a, a charter <br />. City and municipal corporation of the State of Cali fomi a (hereinafter "City"). <br />r~ <br /> <br />A-2004-174 <br /> <br />HARDW ARE/SOFTWARE UPDATE AGREEMENT <br /> <br />RECITALS <br /> <br />A. The City purchased from IES, a RANGE 2000 use of force/ firearms training simulator <br />(Agreement # A -1999-144). <br />B. The RANGE 2000 system has become outdated and many of its components are no <br />longer supported by IES. <br />C. The City desires to upgrade the use offorce/firearms training simulator to IES's <br />RANGE 3000 system. <br />D. IES has agreed to upgrade City's current RANGE 2000 system to the RANGE 3000 <br />software and to provide a trade-in allowance for obsolete components of the old system. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />tenns and conditions hereinafter set forth, the parties agree as follows: <br /> <br />I. <br /> <br />SCOPE OF SERVICES <br /> <br />IES agrees to upgrade the City's current the RANGE 2000 system by installing RANGE <br />3000 software, related equipment and components, train City personnel in the use of the RANGE <br />3000 system and provide maintenance and/or repairs on the system during the warranty period, as <br />set forth in Exhibit A, attached hereto and incorporated by this reference. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and IES agrees to accept as total payment for hardware, software, <br />services, training and warranty, the rates and charges identified in Exhibit A. The total sum to be <br />expended under this Agreement shall not exceed $38,000.00 during the tenn of this Agreement. <br />b. All freight, transfers, insurance, duties, or other transportation and shipment expenses <br />shall be included in the sale price of the RANGE 3000 system. <br />c. Upon software delivery and successful installation, IES shall submit a detailed invoice to <br />City. Payment tenns are Net 30 days from receipt of qualified billable invoices, subject to City <br />accounting procedures. <br /> <br />4. <br /> <br />TITLE, RISK OF LOSS AND SHIPMENT <br /> <br />Neither legal nor equitable title on the RANGE 3000 system shall pass to City until <br />payment in full for the same has been received by IES. Until such payment in full has been <br />made, City shall hold any goods as bailee for IES. Risk ofloss of any goods shall pass to City <br />upon undamaged delivery and installation of such goods at the Santa Ana Police Department. <br />IES shall be responsible for delivery charges. <br /> <br />City shall not accept delivery of damaged goods. If City refuses to accept goods which <br />appear to have been damaged in transit, City shall immediately infonn IES of the damage. <br /> <br />lof5 <br />