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HomeMy WebLinkAboutCOPWARE,INC.N-2020-088 0 PD(,) �unel- GOWar� L 44SURANCE NOT REQUIRED WORK MAY PROCEED Site License Aareement CLERK OF COUNZalifomia Peace Officers Legal Sourcebook and California Codes This agreement is made this 161 day of June, 2020 by and between CopWare, Inc., a corporation organized and existing under the laws of the State of California with its registered office at 3355 Cochran Street, Suite 209, City of Simi Valley, County of Ventura, State of California, hereafter referred to as CopWare, and r.) City of Santa Ana, 60 Civic Center Plaza, Santa Ana, CA 92702, a charter city and municipal corporation 0 No duly organized and existing under the constitution and laws of the State of California. Recitals CopWare is solely authorized by the Department of Justice, State of California, to produce, market, and distribute the California Peace Officers Legal Sourcebook (CPOLS) in electronic formats. Further, CopWare reproduces in electronic format the California Codes, herein referred to as Codes. City of Santa Ana, Santa Ana Police Department, a department consisting of approximately 350 sworn officers, is desirous of obtaining a Site License which would permit unlimited usage of the CPOLS and Codes software by all City of Santa Ana, Santa Ana Police Department, employees during the annual subscription period, without maintaining and reporting to CopWare the total individual or department usage of the software. Therefore, in consideration of the above, the mutual covenants contained in this agreement, and other good and valuable considerations, it is agreed as follows. Agreement 1. CopWare grants to City of Santa Ana a site license for unlimited usage of CopWare's CPOLS and Codes software by all Santa Ana Police Department employees, during the subscription period, from June 1, 2020 through May 31. 2023. Said site license shall include the following: a. Folio Views (Windows Client) - CopWare hereby waives the user restrictions under the single user license agreement and grants a Site License to the Santa Ana Police Department, wherein CopWare authorizes use of the software on all computers utilized by the Santa Ana Police Department, whether owned, leased, or rented, including any and all mobile computer units during the annual subscription period. b. Web Based Access - This Site License Agreement grants unlimited access to CopWare's secure web site for all Santa Ana Police Department employees. c. Personal Use - CopWare allows, under this Site License Agreement, personal use by all Santa Ana Police Department employees subject to the same terms and conditions under the single user license agreement. d. Further CopWare agrees to provide the software to two designated contacts via email during the annual subscription period. e. The Santa Ana Police Department agrees to duplicate all instructions as provided by CopWare to meet their department requirements, required for personal use by department employees. 2. City of Santa Ana agrees to pay, and CopWare agrees to accept as total payment for the annual site license described in Section 1, above, a total of $17;613, as detailed in Quote 85118 attached hereto as Exhibit A. #35278v3 3. Except as provided herein, City of Santa Ana, Santa Ana Police Department, and its employees agree to the terms of the Single User License Agreement, attached hereto as Exhibit B, and agreed thereto upon during installation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Y GOMEZ of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAMARA BOGOSIAN Deputy City Attorney RECOMMENDED FOR APPROVAL: dDAEI TIN o Police City of Santa Ana Police Department CITY OF SANTA ANA: KRISTINE RIDGE City Manager CopWare, Inc. OV -1r) p)(inakIA-1 L RI RANDOLPH Products Manager #35278v3 CopWare, Inc. / � Pevnm6 805-578-6800 Federal ID #95-4472175 3355 Cochran Street, Ste. 209 Simi Valley, CA 93063 Santa Ana Police Department Boris Duran 60 Civic Center Plaza Santa Ana, CA 92703 Quote Date: Quote Number 4/6/2020 85118 P.O. Number: Subscription Number MSF 11472 Item Description Qty Cost Total LSB500S California Peace Officers Legal Sourcebook - Site License 2,802.50 2,802.50 for 301-500 Sworn Officers June 1, 2020 - May 31, 2021 ***full price $2950 PV500Sw/LSB 2017/2018 CopWare California Codes - Site License for 2,090.00 2,090.00 301-500 Sworn Officers ***full price $2200 Mobile 301- 500 California Peace Officers Legal Sourcebook & California 978.50 978.50 Codes - Mobile App License for 301 - 500 Sworn Officers ***full price 1030 LSB500S California Peace Officers Legal Sourcebook - Site License 2,802.50 2,802.50 for 301-500 Sworn Officers June 1, 2021 - May 31, 2022 PV500Sw/LSB 2018/2019 CopWare California Codes - Site License for 2,090.00 2,090.00 301-500 Sworn Officers Mobile 301- 500 California Peace Officers Legal Sourcebook & California 978.50 978.50 Codes - Mobile App License for 301 - 500 Sworn Officers LSB500S California Peace Officers Legal Sourcebook - Site License 2,802.50 2,802.50 for 301-500 Sworn Officers June 1, 2022 - May 31, 2023 PV500Sw/LSB 2019/2020 CopWare California Codes - Site License for 2,090.00 2,090.00 301-500 Sworn Officers Mobile 301- 500 California Peace Officers Legal Sourcebook & California 978.50 978.50 Codes - Mobile App License for 301 - 500 Sworn Officers ***Quote reflects 5% discount if all three years are paid in full within 30 days of this quote date Electronic Delivery & Web Access Subtotal $17,613.00 Sales Tax (0.0%) $0.00 Total $17,613.00 Exhibit B Single User License Agreement By installing this software you agree to accept the terms of this licensing agreement. if you do not accept the terms of this agreement, uninstall the software and promptly return the software within 30 days of receipt to CopWare, Inc. for a full refund. CopWare grants you a non-exclusive "single -user" license (unless authorized by CopWare under a Site License) to use the CopWare computer software according to the terms set forth below. CopWare reserves all rights not expressly granted to you. You may: * Use the software on only one computer at a time. * Make one backup copy of the software, which is automatically subject to this agreement in support of your use of the software. * Transfer the software to a single hard disk provided you keep the original solely for backup or archival purposes. You may NOT nor permit others to: * Make the software or copies thereof available in any manner or form or use, copy or transfer the software, rent or lease the software, in whole or part, except as provided above. * Use the software in an on-line system. * Alter, merge, modify, de -compile or reverse engineer the software. * Remove, obscure or alter any CopWare copyright mark or any other property right notice. * Use the software in any manner that infringes the intellectual property or other rights on another party. * Install the software on a network without obtaining a network, site, or facility license agreement from CopWare. CopWare may terminate your license if you violate any part of this agreement. In the event of termination you must destroy all copies of the software and documentation or return them to CopWare. CopWare warrants that for a period of 60 days from receipt of your software, the disks will be free from defective material and workmanship under normal operating conditions, or the disks will be replaced at no charge. The publisher disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. The publisher shall not be held liable for any damage or loss of any kind arising out of or resulting from you possession or use of the software (including data loss or corruption, regardless of whether or not such liability is based on tort, contract or otherwise). If the foregoing limitation is held unenforceable, the publishers maximum liability to you shall not exceed the amount of the license fees. Network and Site Licenses are available from CopWare. Please call (805) 578-6800 for information. CopWare, Inc. 4565 Industrial Street Unit 7B, Simi Valley, CA 93063 Tel: (805) 578-6B00 Fax: (805) 578-6801 www.copware.com