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INSURANCE N91 ON FILE WORK MAY W1 1 PROCEED CLERK OF COUNCIL BATE: SOFTWARE AND SUPPORT AGREEMENT A- 2016 -119 THIS SOF'T'WARE AND SUPPORT AGREEMENT, made and entered into this 17th day of May, 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: SCOPE OF SERVICES Contractor shall provide software and support as needed for the Power DMS service as outlined in the attached Exhibits "A" and "B." City's use of the PowerDMS service shall be subject to the provisions set forth in 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 $53,00 1.00 over the term 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 upon receipt of proper invoice evidencing the subscription to be provided, subject to City accounting procedures.