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<br />. , <br /> <br />/}-.)OO' -~'t <br />""" INSURANCE NOT REQUIRED/WAIVED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />elf) <br /> <br />THIS AGREEMENT, made and entered into this 1~.,j day of A ~ ,2000 by r Iv' <br />and between Image W are Software Incorporated (hereinafter "Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br /> <br />'-' <br /> <br />CONSULTANT AGREEMENT <br /> <br />DATE: /-;)1-01 <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 provide system modifications to upgrade and improve the computerized <br />image database system, CrimeWeb, currently in place within the Santa Ana Police Department. <br />Such improvements shall allow up to 30 users to simultaneously search, retrieve and print <br />images from the system. In addition, the Consultant shall provide maintenance and support for <br />one year. The system modifications shall include at a minimum the following: <br />Software Licenses: Costs excluding tax: <br />1 CrimeWeb Server cost not to exceed $ 5,000.00 <br />5 CrimeWeb LFS (5 concurrent users pack) cost not to exceed $18,750.00 <br />I CrimeWeb FFS (5 concurrent users pack) cost not to exceed $10,000.00 <br />6 SQL Server (5 user pack) cost not to exceed $ 3,750.00 <br />Services: <br />InstallationIProject Management <br />Maintenance and Support (year I) <br /> <br />cost not to exceed $ 2,040.00 <br />cost not to exceed $ 5,062.50 <br /> <br />2. IWS SOFTWARE LICENSE <br /> <br />a. Grant of License Consultant grants to City, subject to the terms of this Agreement, a <br />nonexclusive and nontransferable license to use the CrimeWeb software listed in Paragraph 1 <br />above ("IWS Software"). Software means computer programs in object code format only, (or, if <br />an interpreted language, the source code itself but tQ be used on a runtime only basis), together <br />with any manuals. <br /> <br />b. Restrictions on Use City agrees to use the IWS Software only for its own business <br />and may not sell or resell any of the IWS Software or any rights to use the IWS Software. <br /> <br />c. Modifications: Reverse Engineering City agrees that only Consultant has the right to <br />alter, enhance or otherwise modify the IWS Software. City agrees not to disassemble, decompile <br />or reverse engineer the IWS Software or to allow another party to do so. <br /> <br />d. Propertv Rights City acknowledges that Consultant retains all title to the IWS <br />Software. City is neither the owner of the IWS Software nor any copies thereof, but is licensed <br />(pursuant to this Agreement) to utilize the IWS Software for the purpose of utilizing a Booking <br />& Suspect Identification System. Consultant acknowledges that the database contents (Records <br /> <br />'" <br />