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MAINTENANCE AND UPGRADE AGREEMENT <br />THIS MAINTENANCE AND UPGRADE AGREEMENT, made and entered into this <br />W" day of November, 2013 by and between Linear Systems (hereinafter "Contractor "), and the <br />City of 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 />RECITALS <br />A. The City desires to retain a Contractor having special ski-11 and knowledge in the field of <br />providing maintenance to and upgrades as necessary for the Police Department's digital <br />imaging management system (DIMS) which maintains all photograph, video and audio <br />evidence for the Police Department. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br />C. Contractor has provided maintenance and support for the DIMS system since it was <br />originally purchased in 2004. <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 />SCOPE OF SERVICES <br />Contractor shall provide maintenance and upgrades to the DIMS system as outlined in the <br />attached Exhibit "A ". This shall include a one year warranty for enhanced digital acquisition <br />station, image server, forensic services field personnel kits, and two forensic services lab kits. It <br />shall also include on -site maintenance and support for the data base case management rack <br />server, PDD library and digital output devices. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall be $29,999.00. <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 />3. TERM <br />This term of this Agreement shall be for a one (1) year period, unless terminated earlier <br />in accordance with Section 12 of this Agreement. <br />25D -3 <br />