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A-2005-074 <br />SOFTWARE SUPPORT AGREEMENT <br />Fj,uir}iS011 THIS AGREEMENT, made and entered into this tday of 41rt 1 2005, by <br />and between TriTech Software Systems (hereinafter "Consultant") and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />computer software support and maintenance for a VisiCAD Computer -Aided Dispatch <br />System (annual software support and maintenance) for the City's Fire Department. <br />B. Consultant has provided said services to City and represents that it is able and willing to <br />continue to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A, TriTech Support <br />Services Renewal, to this Agreement, and in accordance with the Software Support Agreement <br />between the City and Consultant the terms and conditions of which are incorporated by reference <br />in such Exhibit A as though set forth in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $97,251.00 during the term of this Agreement, provided that the <br />City does not increase the number of software licenses on which the annual support fee is based. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed. Payment need not be made for work that fails to meet the <br />standards of performance set forth in the Recitals which may reasonably be expected by City, <br />subject to City accounting procedures. <br />