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1143URAhJCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: 3 ~~`~- O$ <br />~ ~ 8 b~Brek~eld <br />SOFTWARE MAINTENANCE AGREEMENT <br />THIS AGREEMENT is entered into on February 5, 2008, by and between The <br />Omega Group, Inc., a California corporation ("Omega") and the City of Santa Ana, a <br />charter city and municipal corporation of the State of Califomia ("City"). <br />RECITALS: <br />N-2008-031 <br />A. The parties entered into Contract A-2003-224, dated July I, 2003, by which Omega <br />agreed to create, install and maintain a GIS based crime analysis system. <br />B. The City desires to hire Omega to provide maintenance and support services of its GIS based <br />crime analysis system. <br />C. Omega retains al] necessary proprietary rights, patents or and copyrights required to perform <br />the services detailed in this Agreement. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall perform those maintenance and support services for the Omega <br />GIS based crime analysis system as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />The City agrees to pay, and Omega agrees to accept as total payment for its <br />services, a fee of $2,495.00 for desktop support and an additional $3,495.00 for web <br />support, for a total annual fee of $5,990.00, which shall be paid within 30 days of <br />execution of this Agreement. <br />3. TERM <br />This Agreement shall commence on October 15, 2007and terminate on October <br />15, 2008, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Chief of Police and the <br />City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Omega shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Omega performs the services which are the subject matter of this <br />