25H - AGMT - PD TRAINING SOFTWARE

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SOFTWARE AND SUPPORT AGREEMENT THIS SOFTWARE AND SUPPORT AGREEMENT, made and entered into this 19th day of January, 2016 by and between Power DMS (hereinafter "Contractor "), 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 Contractor having special skill and knowledge in the field of providing law enforcement training management software. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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: 1. SCOPE OF SERVICES Contractor shall provide software and support as needed for the Power DMS software as outlined in the attached Exhibit "A." 2. COMPENSATION A. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. Specifically the City will pay: 1. Year 1: $13,006 for the software subscription and $7,800 for training on operation of the software; 2. Year 2: $13,398 for the software subscription; 3. Year 3: $13, 797 for the software subscription; and 4. Contingency: $5,000 for unanticipated expenses at the sole discretion of the City. B. The total sum to be expended under this Agreement shall not exceed $53,001.00 over the tern of this Agreement. This includes a $5,000 contingency for unanticipated expenses as the sole discretion of the City. C. 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. 25H -3