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<br />" <br /> <br />-,' <br /> <br />INSURANCE'NQI ON FILE <br /> <br />WORK MAY JiQlPROCEED <br /> <br />CLERK OF COUNCIL SOFTWARE LICENSE AND SERVICE AGREEMENT <br />DATE: fs"'U--o~ <br />':::l '<.-1- -rU,j <br />, THIS AGREEMENT, made and entered into this 'uJ.j7 day of.J /( , 2002 by <br />and between ICONICS, a Massachusetts Corporation (hereinafter "Consultant" , and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City') <br /> <br />N-2002-012 <br /> <br />RECITALS <br /> <br />13 rJ <br />"" <br />a:. f' '", <br />~S~ 'o;s <br />-UJL&.I _ <br />Ll..oo i ~ t'f\ <br />~li!~'-"" J <br />"-l>: J 0, <br />"'>-"" 0,,,,- <br />o<~"- ,,-" <br />~:ff_ 0 <br />cr::;~-II :::w:::_ <br />::2ll:ll:::- .Q:::LL.I <br />~~~ ~~ <br />_;;..:=1 00. <br /> <br />A. The City desires to retain a consultant having special skiJJ 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 3], 2002, unless terminated earlier in accordance with Section] 2, 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 /> <br />