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Home My WebLink AboutMOSTWANTEDSOFTWARE, LLC 1AAGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in eff � qa Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. C I T , VF f, -------------------------------------------------------- The agreement agreement with No. I—P-0og— 074 was and final payment has been made. A 45EMENT � E A-2005-133A j jA-2005-133B N-2008-074 j N-2008-074-01 Revised 05-22-08 on Department: T>D Signature: `t ` / l) Date: ias-q City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in eff � qa Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. C I T , VF f, -------------------------------------------------------- The agreement agreement with No. I—P-0og— 074 was and final payment has been made. A 45EMENT � E A-2005-133A j jA-2005-133B N-2008-074 j N-2008-074-01 Revised 05-22-08 on Department: T>D Signature: `t ` / l) Date: ias-q City of Santa Ana Clerk of the Council ,;,SU'RANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL N-2008-074 DATE: &- 3o-off FIRST AMENDMENT TO U 1. po};(e- SOFTWARE MAINTENANCE AGREEMENT (60 THIS FIRST AMENDMENT TO SOFTWARE MAINTENANCE AGREEMENT (this "Agreement") is made and entered into this 1at day of May 2008, by and between MOSTWANTEDSOFTWARE, LLC, a California limited liability company ("Licensor"), 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. City and Licensor entered into that certain Software Maintenance Agreement A-2005-133B, dated 5/16/2005 (hereinafter "said Agreement"), pursuant to which Licensor has provided maintenance for the software product entitled "The Law Enforcement Administrative Database (L.E.A.D.)" used by the Santa Ana Police Department for purposes of organizing and operating various administrative functions from a single database (the "Software'). B. City desires to continue to obtain software maintenance services from Licensor, and Licensor desires to continue to provide software maintenance services to City, pursuant to the terms and subject to the conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth in said Agreement, as amended herein, Licensor and City hereby agree as follows: AGREEMENT 1. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "The term of said Agreement shall commence on May 16, 2005 (the effective date of Software Licensing Agreement A-2005-133A), and shall continue for a period of one year. Thereafter, the term may be extended for additional one-year terms upon a written agreement executed by the City Manager. Said Agreement may be terminated by either party on thirty (30) days' prior written notice." 2. Section 7, ADJUSTMENT TO TERMS AND CONDITIONS, shall be amended to read in full, as follows: "Atany time aiieF Prior to the expiration of the initial one year term o, r any succeedina one-year term, of this Agreement, Licensor may change its Maintenance Fees, time and material charges and other terms and conditions of this Agreement upon sixty (60) days advance written notice to City. For the term commencing May 1. 2008, the annual maintenance 3. Except as herein above amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. ATTEST: t,BIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lau Sheedy Assistant City Attomey RECOMMENDED FOR APPROVAL: a Paul Wafters Chief of Police City of Santa Ana Police Department CITY OF S AN DAVID N. REAM"~ City Manager LICENSOR MostWantedSoftware, LLC By: Name: MARK GERLACH Title: CEO 2 SCHEDULE"A" Price and Payment Annual Maintenance Fee for L.E.A.D. Program Sales tax CAB 7.875% 12,000.00 $ 945.00 Total $ 12,945.00 (Annual maintenance fee based on 120 authorized users. Payment is due immediately upon installation of the software.) A-1 JXP DATE ACORD,M CERTIFICATE OF LIABILITY INSURANCE R022 07-03-20aa DIBUDUO &DEFENDIS INS BKRS LLC/PHS PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 134937 P: (866)467-8730 F: (877)905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW IPO BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED - �gINSURERA:Hartford Casualty Ins Co - - - INSURER B: MOST WANTED SOFTWARE, LLC INSURER C. 7816 N. SANDERS AVE. INSURERD: CLOVIS CA 93619 INSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR�TYP£OFINSURANC£ _ GENERAL LIABILITY A TCGOMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR eneral Liab GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO JJECT X I LOG AUTOMOBILE LIABILITY A ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X It AUTOS X NON OWN ED AUTOS ANY AUTO EXCESS LIABILITY IOCCUR J CLAIMS MADE DEDUCTIBLE I RETENTION $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OTHER POLICY NUMBER S1 SBA US6199 03/01/08 03/01/08 POLICYEXPIRATKJN DATf IMM/DD/YYl LIMITS EACH OCCURRENCE s2,000,000 03/01/09 FIRE DAMAGE (Any one tirel s300,000__ MED EXP IAny one person) $10 , 000 �PERSONAL &ADV INJURY s2, 000, 000� GENERAL AGGREGATE s4,000,0001 PRODUCTS COMPIOP AGG 54 , 000,000 COMBINED SINGLE LIMIT 000,000 03/01/09 (Ea accident) 112 , BODILY INJURY $ Per pa..r) T BODILY INJURY s (Per accident) PROPERTY DAMAGE $ (Per accitlent) AUTO ONLY - EA ACCIDENT $ OTHER THAN -EA ACC $ AUTO ONLY: AGO $ EACH OCCURRENCE $ AGGREGATE $ s S s i WC STATU- OTH-t TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE EA EMPLOYEE IL S — E DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONWEHICL£S/£XCLUSIONS ADDED BV ENOORSEMENDSPECLAL PROVISIONS Those usual to the Insured's Operations. It's Officers, Agents, Volunteers and Employees, are Primary & Non -Contributory and is Additional Insured per the Business Liability Coverage Form SS0008 attached to the policy. -- -- CERTIFICATE HOLDER ADOrnONAL INSURED The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA. 92701 DULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 11RATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE (10 DAYS FOR NON PAYMENTI TO THE CERTIFICATE LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO _IGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 'RESENTATIVES. REPRESENTATIVE 7s ACORD 25-S (7l97) � ACORD CORPORATION 1988 POLICY NUMBER: 51 SEA US6199 r� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA. 92701 IT'S OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES, ARE PRIMARY 6 NON-CONTRIBUTORY ARE ADDITIONAL INSUREDS Form IH 12 00 11 85 T SEQ. NO. 001 Process Date: 01/28/08 Printed In U.S.A. Page 001 UN COPY Expiration Date: 03 / 01 / 09 DIBUDUO &DEFENDIS INS BKRS LLC/PHS PO BOX 33015 SAN ANTONIO TX, 78265- The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA. 92701 ACORD 25-S (7/97) ACORDM TCERTIFICATE OF LIABILITY INSURANCE UOBB 05-11-2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DIBUDUO &DEFENDIS INS BKRS LLC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 134937 P: (866)467-8730 F: (877)905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED 1,3;4 INSURER A: Hartford Casualty Ins Co i INSURER B: MOST WANTED SOFTWARE, LLC �INSURER C: 7 816 N . SANDERS AVE. INSURER D: CLOVI S CA 93 619 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD Y POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR 51 SBA US 619 9 0 3 / 01 / 0 9 0 3 / 01 / 10 FIRE DAMAGE (Any one fire) s300, 000 MED EXP (Any one person) $1 0 , 000 PERSONAL & ADV INJURY $2 0 0 O 000 X General L i ab GENERAL AGGREGATE $4 , 000, 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S4 , 0 0 O 000 j POLICY F7 jEO X I LOC A AUTOMOBILE LIABILITY ANY AUTO 51 SBA US 619 9 0 3/ O 1/ 0 9 0 3/ O 1/ 10 COMBINED SINGLE LIMIT (Ea accident) s2,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO APPROVED AS 1 T IC _ FORM AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLAIMS MADE ---•_.._ LSUI3 fit Sttee Assistant Ci(y Attorney EACH OCCURRENCE $ AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- R IMIT R E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER TECH E & O 51 SBA US6199 !03/01/09 03/01/10 each glitch 2,000,000 A agregate 2,000,000 DESCRIPTION OF OPERA TIONSA 0CA TIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Those usual to the Insured's Operations. It's Officers, Agents, Volunteers and Employees, are Primary & Non -Contributory and is Additional Insured per the Business Liability Coverage Form SS0008 attached to the policy. CERTIFICATE HOLDER I X ADDITIONAL INSURED; INSURERLETTER: A CANCELLATION The City of Santa Ana 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A ACORD 25-S (7/97) 9 ACORD CORPORATION 1988 Most wanted Software 0P 10511 Grove Oak Drive, Santa Ana, CA 92705 . Phone: 559.259.1725 . Fax: 559.314.6111 VIM OCT - 5 PPS 3= 2 September 30, 2010 CITY OF i A ANA CLEW Lj, �,r;'UNCIL Clerk of the City Council Ref: Santa Ana Police Department 20 Civic Center Plaza M-30 P.O.Box 1988 Santa Ana, CA 92701-1988 Re: Termination of Software Maintenance Agreement To whom it may concern: Thank you for your support of MOSTWANTEDSOFTWARE, LLC for the past 5 years. Unfortunately, given the current economic climate, we are no longer able to sustain the business and must close. Accordingly, pursuant to paragraph 4 of the Software Maintenance Agreement dated May 16th, 2005, please accept this letter as our notice of termination, effective October 31, 2010. Although we will no longer provide support and there will be no further updates to the software, you may retain the software and continue to use it if you wish. Again, we would like to thank you for your past support. Sincerely, MOSTWANTEDSOFTWARE, LLC By: A F= Mark A. Gerlach