ENVIRONMENTAL SYSTEM RESEARCH INSTITUTE, INC. (ESRI) 1 - 2006

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INSURANCE NOI ON FILE: WORK MAY N(�T PROCEED CLERK OF COUNCIL Fb DATE: 7- -)b.0in SOFTWARE PURCHASE AND TRAINING AGREEMENT A- 2006 -085 THIS AGREEMENT, made and entered into this 17a' day of April, 2006 by and between Environmental Systems Research Institute, Inc., a California corporation (hereinafter "ERSP'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of developing geographic information systems (GIS) and training users of said software. B. Consultant represents that Consultant is able and willing to provide such software and training services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide one licensed copy of its ArcEditor software and training on the use of that software, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $20,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2006, unless terminated earlier in accordance with Section 12, below.