ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) 3A -2012

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I AV NCE NOT REOUIRFO WORK MAY PROCEED N CLERK OF COUNCIL star f (9. -I SOFTWARE LICENSE, MAINTENANCE AND TRAINING AGREEMENT A -2012- 079 -01 THIS AGREEMENT, dated August r9,9, 2013 is between Environmental Systems Research Institute,, Inc. (hereinafter "ESRT') and the City of Santa Ana (hereinafter "CITY "). RECITALS: 1. On April 16, 2012, the Santa Ana City Council authorized a two year agreement by which ESRI agreed to provide computer software license and maintenance services. 2. Despite the execution date of said Agreement, the one -year software maintenance period commenced August 1, 2012, and expires July 31, 2013. i 3. The parties now desire to extend the terms and conditions of the software license and maintenance agreement for the second year of the two -year period, as set forth herein. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those attended in this Amendment to Agreement, the parties agree as follows: 1. ESRI hereby grants to CITY a license to use the type and number of copies of the Software, Data and Documontation, as set forth in Exhibit 1, for which the appropriate license fees have been paid to ERSI, Tbis Agreement includes 1) This signature page, 2) Maintenance Quote 425566692, dated February 4, 2013, 3) License Quote 2041.8691, and 4) License Agreement (E204 04/06/2013). 2, The Term of the Annual Licenses shall commence August 1, 2013 and be effective through July 31, 2014. The term may be extended for additional one -year periods upon payment of license fees, properly invoiced thirty days prior to the end of the then current term, and paid according to CITY's accounting procedures. 3. The total amount to be expended for all services provided pursuant to this Agreement shall not exceed $45,000, annually, during the term of this Agreement, 4. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings and arrangements between the parties relating to such subject matter, Any modification(s) or amendment(s) to this Agreement shall be in writing and signed by an authorized representative of each party. 111