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INSORANCE NOT REQUIRED - N-2009-109 <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: SOFTWARE MAINTENANCE AGREEMENT <br />nc `) <br />THIS AGREEMENT is entered into on September 8, 2009, by and between The <br />?,, `- 6mega Group, Inc., a California corporation ("Omega") and the City of Santa Ana, a <br />(M at' harter city and municipal corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Contract A-2003-224, dated July 1, 2003, by which City <br />purchased software licenses, and maintenance for Omega's CrimeView software <br />application. <br />B. The parties entered into Contract A-2008-314, dated November 17, 2008, <br />(hereinafter "said Agreement") by which City purchased a web-based version of the <br />CrimeView application, Crimemapping.com, and Omega agreed to install and maintain. <br />C. The City desires to hire Omega to provide maintenance and support services of its <br />web-based version of the CrimeView application, Crimemapping.com. <br />D. Omega retains all necessary proprietary rights, patents and/or copyrights required <br />to perform 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 />web-based version of the CrimeView application, Crimemapping.com, as set forth in <br />Contract A-2008-314. <br />2. COMPENSATION <br />The City agrees to pay, and Omega agrees to accept as total payment for its <br />services, a total annual fee of $9,300.00. <br />3. TERM <br />This Agreement shall commence on November 18, 2009, and terminate on <br />November 17, 2010, unless terminated earlier in accordance with Section 12, below. The <br />term of this Agreement may be extended upon a writing executed by the Chief of Police <br />and the City Attorney.