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<br />'.. r <br /> <br />, <br />'N <br />LLJO ." <br />-.J LLJ '\J <br />-c t:>=! \~~ ' <br />zOu <br />ClO::Z::~ <br /> <br />ij ~ 8 ~ THIS AGREEMENT, made and entered into this 31St' day of :](/1'1 ,2002 by <br />~ =:::; and between ICONICS, a Massachusetts Corporation (hereinafter "Consultant"), and the City of <br />z:: ~ ~ tSanta Ana, a charter city and municipal corporation organized and existing under the <br />O? ox:: ::i !;eonstitution and laws of the State of California (hereinafter "City"). <br />==>a::uCl <br />"'0 <br />===3: <br /> <br />SOFTWARE LICENSE AND SERVICE AGREEMENT <br /> <br />N-2002-012 <br />OZ- <br /> <br />RECITALS <br /> <br />c',PullIl <br />PI~. <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />software design for a multi-media software alarm generation system. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <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 $10,000 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice eVidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2002, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of the Public <br />Works Agency and the City Attorney. <br />