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HomeMy WebLinkAboutKNOWLEDGE COMPUTING CORPORATION (KCC)INSURANCE NOi REQUIRED WORK MAY PROCEED _ c°,~~nnuF COUNCIL A-2008-316 ATE: i~ 5-U~ AGREEMENT FOR PRODUCTS D: ~D(z'~ (~Dm nSk ~TRIS AGR~EMENT is made effective this `h day of December, 2008 , by and between The City of Santa Ana, (hereinafter "Customer"), and KNOWLEDGE COMPUTING CORPORATION (hereinaf- ter "KCC"), a corporation formed and existing under the laws of the State of Arizona, with its principal place of business at 7750 E. Broadway Blvd, Suite 100, Tucson, Arizona 85710. Article I. ENGAGEMENT The Customer hereby engages KCC to provide the following services and products in accordance with the terms and specifications provided herein and in the Statement of Services set forth in Schedule 1 attached hereto. A. Products. 1. KCC will provide COPLINK Solution Suite licenses, as described in Schedule 1, to the remaining sworn officers (40,000) in the State of California who are not licensed users of COPLINK as of October 1, 2008. 2. Customer is purchasing the COPLINK Solution Suite licenses as purchasing agent for the regional law enforce- ment/criminaljustice agencies in the State of California. The parties hereto agree that Customer's total liability to COPLINK pursuant to this Agreement is limited to the cost of the four Level 5 licenses. The regional law enforce- menUcriminaljustice agencies will receive the licenses through Customer and will individually contract with COPLINK to activate those licenses, including the execution, on behalf of the individual agency, of the COPLINK End-User Li- cense Agreement, attached hereto as Schedule 2. 3. This contract does not supersede, replace, or modify any existing contracts for COPLINK products or services with any criminal justice agency in the State of California. 4. At the Customer's option, KCC will provide additional COPLINK software products at an additional cost as stated in the current COPLINK price sheet. The addition of sources or products will require a contract amendment detailing the products and services to be delivered. B. Maintenance and Support Services. KCC will contract with individual agencies and/or regions for activation and maintenance of the software. Maintenance cost will be no more than 15% of the license fee cast that will be based on the sworn officer population for an agency and/or region. Article II. LICENSE The license terms far the COPLINK Solution Suite software are described in the End-User License Agreement (EULA) at- tached in Schedule 2. Article III. CONSIDERATION, REPORTS AND METHOD OF PAYMENT A. Consideration. 1. In consideration for the Products and Service provided under this Agreement, Customer shall pay to KCC a total sum not to exceed the Total Software amount in Schedule 1, which shall include year one of warranty from date of con- tractsigning. KCC shall charge Customer only in accordance with this amount. 2. Customer will be billed for the License portion of the COPLINK® Solution Suite upon signing of the Software Accep- tance Letter. The License cost is defined as the total cost of the COPLINK® base product and any additional products ordered by the Customer (e.g. COPLINK AgentT"') as outlined in Schedule 1. KCC hereby grants to The Customer a perpetual, non-exclusive, non-refundable license to use any and all COPLINK® Software provided to you under this Li- cense in accordance with the terms and conditions set forth herein. Said license may be transferred to the regional law enforcemenVcriminalfustice agencies in the State of California as set forth in Section 1.A., above. B. Taxes. Customer shall be responsible for any sales or use taxes arising out of this Agreement payable to the state of California. Page 1 of 12 C. KCC Payments. KCC shall be responsible for the payment of all KCC personnel. D. Invoices Required. Excluding any initial payment, Customer shall pay KCC only on the submission of itemized invoices(s) for the products ren- dered. No payment shall be issued prior to receipt of material or service and correct invoice. E. Article IV. CONFIDENTIALITY A. General. To the extent authorized by applicable law, including the California Public Records Act, Government Code §§ 6250 et seq., the parties hereto agree to keep confidential any information identified as confidential by the disclosing party, using meth- ods at least as stringent as each party uses to protect its own confidential information. "Confidential Information" shall in- clude KCC's research and development plans and reports, the computer code for the UA Software and KCC Software (both source and object code), the functionality or manner of operation of any computer code (including without limitation screen designs and flows), or any other designs, techniques, methods, specifications, drawings, sketches, processes, trade secrets, product information, print-outs, formulae, samples, prototypes, systems and components, marketing or pro- motional information, and any other information marked confidential or accompanied by correspondence indicating such information is confidential exchanged between the parties hereto. Confidential Information also includes information relating to the disclosing party's business or financial affairs, such as financial results, business methods, pricing, competitor and product information and all other information designated as confidential. Except as may be authorized in advance in writing by KCC, Customer shall grant access to the Confidential Information only to its own employees involved in installing and maintaining the KCC Software, and Customer shall require such employees to be bound by this Agreement as well. In ad- dition, Customer shall not permit any personnel or Authorized User to remove any proprietary or other legend or restrictive notice contained or included in any material provided by KCC. The confidentiality and use obligations set forth above apply to all or any part of the Confidential Information disclosed hereunder except to the extent that: 1. KCC or Customer can show by written record that it possessed the information prior to its receipt from the other party; 2. The information was already available to the public or became so through no fault of the KCC or Customer; 3. The information is subsequently disclosed to KCC or Customer by a third party that has the right to disclose it free of any obligations of confidentiality; or 4. Is independently developed by the other party without breach of this Agreement. B. Improper Disclosure. KCC and Customer acknowledge that any use or disclosure of Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the other parties irreparable damage for which remedies other than injunctive re- lief may be inadequate, and each party agrees that the other party shall be entitled to receive from a court of competent jurisdiction injunctive or other equitable relief to restrain such use or disclosure in addition to other appropriate remedies. Customer shall advise KCC if a request for information deemed confidential is made. In the event that KCC does not per- mitdisclosure, KCC shall indemnify, defend, and hold harmless Customer from any suits or damages resulting from KCC's failure to disclose. C. Survival of Conditions. The terms and provisions of this Article shall survive the termination of this Agreement, for any reason, far a period of five (5) years, unless otherwise agreed upon by the parties. D. Improper Acts. Customer and Authorized Users shall not attempt to reverse engineer, translate, decompile or disassemble the object code of the KCC Software and Customer agrees to use its best efforts to prevent reverse engineering, translation, decompilation and disassembly of the object code of the KCC Software 6y its authorized users. Article V. OWNERSHIP 1. KCC shall own all computer software and data KCC develops in the performance of its obligations under this Agree- Page 2 of 12 ment, including all copyrights, trade secrets, and other intellectual property rights with respect to any object codes, source codes, instructions, manuals or other materials relating to the installation, operation of computer software pro- vided by KCC. 2. Customer retains ownership of any data sent or migrated to the COPLINKO Solution Suite. Article Vl. DURATION A. Improper Inducements. Customer may, by written notice to KCC, cancel this Agreement if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by KCC or any agent or representative of KCC, to any officer or employee of Cus- tomer. B. Termination. Upon Material Breach; Cure Periods. This Agreement may not be terminated upon a material breach of this Agreement unless the other party (the "Notifying Party") first provides written notice of such breach to the first party (the "Breaching Party") as provided herein and the breach has not been cured within sixty (60) days after the Breaching Party receives such notice. The notice shall reference this Article VIII (C), and shall describe each material breach of the Agreement in sufficient detail to permit the Breaching Party to cure the breach. Neither party may claim a material breach of this Agree- ment until the foregoing periods have expired. In the event a single agency that is participating in this project breaches this Agreement, such breach will not effect the re- maining agencies other than the non-inclusion of the breaching agency's information in the COPLINK node. C. Survival. The terms and conditions of Article V: Confidentiality, shall survive this Agreement for a period of five (5) years. Article VII. ENFORCEMENT, LAWS AND ORDINANCES A. Effect of Law. This Agreement has been executed and delivered in the State of California and the validity, interpretation, pertormance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. B. Compliance. KCC must comply with all applicable federal, state, county and local laws, ordinances, and regulations. C. Licenses and Permits. KCC shall maintain in current status all Federal, State and Local licenses and permits required for the operation of the business conducted by KCC. Article VIII. INDEPENDENT CONTRACTOR A. Relationship. It is understood and acknowledged by each party that the parties hereto shall act in their individual capacities and not as agents, employees, partners, joint venturers, or associates of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. B. Withholding. KCC is advised that taxes or social security payments shall not be withheld from any payment issued hereunder and that KCC should make arrangements to directly pay such expenses, if any. C. KCC Provided Insurance. 1. KCC maintains, at its own expense, general business liability insurance with a combined single limit of $3,000,000 per occurrence. Page 3 of 12 2. KCC maintains workman's compensation insurance through the Arizona State Compensation Fund, which meets all requirements of Arizona labor law. D. Additional Insurance. Customer is advised that the costs of any additional insurance or surety bonds, mandated or required to be carried by KCC as an effect of local codes, ordinances, regulations, procurement policies or other customs, are the responsibility of the customer and will be billed as an additional cost item if Customer requires these to be secured under this contract. Article IX. MODIFICATIONS This Agreement may only be modified by a written amendment signed by persons duly authorized to enter into contracts on behalf of Customer and KCC. Article X. WAIVER The failure of either party of this Agreement to take affirmative action with respect to any conduct of the other, which is in violation of the terms of this contract, shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct. Article XI. INDEMNIFICATIONS A. General. KCC shall indemnify, defend, to the extent not prohibited by law, and hold harmless Customer, its officers, employees, agents and representatives, from any and all claims, demands, suits, actions, proceedings, loss, cost, and reasonable at- torney's fees and/or litigation expenses arising or alleged to have arisen out of any act, omission, professional error, fault, mistake, or negligence of KCC, its employees, agents, representatives, or subcontractors, their employees, agents, or rep- resentatives in connection with or incidental to the performance of this Agreement. KCC's obligation under this section shall not extend to any liability caused by the sole negligence of the Customer, or its employees. B. SOFTWARE LICENSE RIGHTS OF KCC. Nothing contained herein shall give Customer any interest of any kind in the Software except the right to use the Software in accordance with the terms of this license. C. Patent and Copyright Indemnification 1. Defense of Claims, Costs and Damages KCC will defend at its expense any action brought against the Customer to the extent that it is based on a claim that the Software, used within the scope of this license, infringes upon a United States patent or copyright, KCC will pay any casts and damages finally awarded in such suit or proceeding against the Customer which are attributable to such claim; pro- vided, prompt notice is given to KCC and KCC is allowed full control of the settlement of any such claim, and Customer provides all reasonable assistance at no cost to FAAC. 2. Infringement Should the Software become, or in KCC's opinion be likely to become, the subject of a claim of infringement of a copyright or patent, KCC may at its option (i) procure for the Customer the right to continue using the Software, (ii) replace or modify the Software to make itnon-infringing while providing the same functionality, or (iii) if the right to continue cannot be rea- sonably procured or the Software cannot be reasonably replaced or modified, then terminate the license to use such Soft- ware and refund the purchase price of the software and the hardware whose operation depends on such software. D. Amount of Insurance. The amount and type of insurance required shall not in any way be construed as limiting the scope of the indemnification set forth above. Article XII. MISCELLANEOUS PROVISIONS A. Procurement Code. To the extent applicable, KCC agrees to abide by the provisions of the Customer's Procurement Code. B. Assignment or Subcontracting. No assignment of this Agreement or subcontract shall be made by KCC with any other party for furnishing any of the ser- Page 4 of 12 vices herein contracted for without the advance written approval of the Customer. All subcontracts shall comply with Fed- eral and State laws and regulations, which are applicable to the services, covered by the subcontract and shall include all the terms and conditions set forth herein, which shall apply with equal force to the subcontract, as if the subcontractor were the contractor referred to herein. KCC is responsible for contract performance whether or not subcontractors are used. C. Compliance with ADA. KCC shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and applicable federal regulations under the Act. D. Non-Discrimination. Neither party shall discriminate against any person or class of persons by reason of sex, color, race, religion, national ori- gin, or handicap while performing any obligation under this agreement. E. Entire Agreement. This Agreement represents the entire agreement between Customer and KCC relating to this requirement and shall prevail over any and all previous verbal and written agreements. Page 5 of 12 Article XIII. USE OF NAMES AND TRADEMARKS Customer shall have the right to use the trademarks and name of KCC, but shall not have the right to use the names of the inventors of the KCC Software without the written consent of the party whose name is desired to be used. Article XIV. FORM AND METHOD OF NOTICE No notice required to be provided in this Agreement shall be effective unless it is in writing; is delivered to the other party by either reputable overnight courier; U.S. mail by registered, certified or overnight delivery service, with all postage prepaid and return receipt requested, or by personal delivery; and is addressed to: If to KCC: If to Customer: Knowledge Computing Corporation Attn: Renee Jepsen, Controller 7750 East Broadway Blvd, Suite 100 Tucson, AZ 85710 or to such other address as KGG may designate by written notice to Customer. Santa Ana Police Department 60 Civic Center Plaza P.O. Box 1981 Santa Ana, CA 92702 Attn: Commander Gominsky or to such other address as Customer may designate by written notice to KCC. Page 6 of 12 Article XV. AUTHORITY The persons signing on behalf of Customer and KCC hereby warrant and represent that they have authority to execute this Agreement on behalf of the party for whom they have signed. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first mentioned above. LEDGE COMPUTING CORP. For: CITY OF SANTA ANA. II,y,dY Date (signaM.~" Date Y/-t V;(2.---- DAVID N. REA City Manager ab,?f 1 l6'Jtf?~,.j ~(},iJ /Ct:-v , Printed Name Title Printed Name Title Attest ~~ PATRICIA E, HEALY Clerk of the Council Printed Name Title Approved as to Form JOSEPH W. FLETCHER City Attorl)ey , Ii" By: (\ aJ u/,..:,r.fJLE.iil LauraSheedy - (I Assistant City Attorney v Title Page 7 of 12 Schedule 1 Software License Costs Enterprise Software Licensing': Costs COPLlNK Base System $1,666,842.48 COPLlNK Computer-based Training $73,488.05 COPLlNK Active Agent $218,793.95 COPLlNK Incident Analyzer $364,099.86 COPLlNK Adaptive Analytical Architecture (A3) $255,872.01 COPLlNK Visualizer $364,099.86 COPLlNK Intel L.E.A.D. $546,984.88 COPLlNK Mobile (inc!. iLEAD mobile) $309,818.92 TOTAL SOFTWARE $3,800,000.00 'Pricing based on four Level-5 licenses for remaining sworn officers in California Price is for 40,000 sworn officers or remaining officers in CA Page 8 of 12 Schedule 2 COPLlNK@ Software End-User License Agreement (EULA) Please read the terms and conditions of this license agreement (the "License") before using the computer software (the "Software") provided by Knowledge Computing Corporation (KCC.) The term "Software" in- cludes and these terms and conditions also apply to any updates, modifications and upgrades to the Soft- ware that you may receive from time to time. By installing the Software you accept and agree to the terms of this License. If you do not agree to the terms of this Software End-User License Agreement you are not authorized to use the Software. This License constitutes the entire agreement concerning the Software between you and KCC and it supersedes any prior proposal or representation. 1. Rights and Limitations a) General. The Software is licensed, not sold. KCC hereby grants to you a perpetual, non-exclusive and non-transferable license to use any and all COPLlNK@ Software provided to you under this Li- cense in accordance with the terms and conditions set forth herein. The Software is protected by copyright laws as well as by other intellectual property laws. The Software and any copies that you are authorized by KCC to make are the intellectual property of and are owned by KCC. The struc- ture, organization and code of the Software are the valuable trade secrets and confidential infor- mation of KCC. This License grants you no rights to use such content. b) Restricted Rights Notice. The Software provided under this License is provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in this Li- cense. 1. You agree that you will not sublicense. assign, transfer, pledge, lease, rent or share your rights under this License other than to allow use of the Software by authorized individuals accessing the COPLlNK system node on which the Software is installed. 2. You agree that you will not modify, adapt, disassemble, decompile, reverse engineer, translate or otherwise attempt to discover the source code of the Software. 3. You may not modify the Software or create derivative works based upon the Software. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. 4. You must maintain all copyright notices on all copies of the Software. 5. You may not distribute copies of the Software to third parties. 6. You may not export the Software to any country, entity or person to which export would be illegal. 7. All rights not expressly granted are reserved by KCC. c) KCC's Rights. You acknowledge and agree that the Software and Documentation are proprietary products of Knowledge Computing Corporation under copyright law and disclosed to you by KCC in confidence. You shall take all reasonable steps to safeguard the Software. KCC owns and will retain all copyright, trademark, trade secret and other proprietary rights in and to Software. This li- cense conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License. In the event that you fail to comply with any terms and/or conditions hereof, this License shall terminate automatically and KCC shall be entitled to all reme- dies in accordance with applicable law. d) Other Limitations. This license is further limited as follows: 1. The Software may not be used by you for any other purpose than that set torth herein, in- cluding without limitation, designing or developing any products to be sublicensed or dis- tributed by or on behalf of you or the National Institute of Justice. 2. The License granted to you hereunder shall be a license to use the machine-readable ob- ject code only, and shall specifically exclude source code; you shall allow only authorized users to access the COPLlNK@ System software and use the services of the Software. Page 9 of 12 2. Warranties a) Material Errors. KCC warrants that if during the ninety (90) day period after installation and/or the duration of any extended warranty, you notify KCC that the Software contains an error that materi- ally and adversely affects your law enforcement activities, KCC will at no cost to you use its best efforts to either correct the error or provide a reasonable workaround for such error. KCC does not warrant that the functions contained in the Software will meet your requirements, nor that the op- eration of the Software will be uninterrupted or error-free. The warranties set forth in this Section do not cover any copy of the Software that has been altered or changed in any way by you or any authorized user. During the warranty period KCC will provide changes to the software mutually agreed upon by the parties for software troubleshooting and program code debugging only. No customization of the COPLlNK System products will occur beyond that stated unless otherwise noted in a separate agreement. The warranty does not include any updates to the software that are not the result of errors. b) Exclusions. KCC is not responsible for problems caused by changes in, or modifications to, the operating characteristics of any computer hardware or operating system for which Customer has authorized KCC to install the KCC Software, nor is KCC responsible for problems that occur as a result of the use of the KCC Software in conjunction with software of third parties or with hardware that is incompatible with the operating system for which the KCC Software is being installed. c) Limitations. ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLU OED. The warranties contained in this section are made in lieu of all other warranties whether oral or written. Only an authorized officer of KCC may make modifications to this warranty or additional warranties binding KCC, and any such modifications or additional war- ranties must be in writing and must be approved by you. Approval shall not be unreasonably with- held. 3. Java™ Support. The software product may contain support for programs written in Java'M. Java™ technology is not fault tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communi- cation systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java'M technology could lead directly to death, personal injury, or se- vere physical or environmental damage.(lndemnifications a) General. KCC shall indemnify, defend, to the extent not prohibited by law, and hold you harmless from any and all claims, demands, suits, actions, proceedings, loss, cost and reasonable attor- ney's fees and/or litigation expenses arising or alleged to have arisen out of any act, omission, professional error, fault, mistake or negligence of KCC, its employees, agents, representatives, or subcontractors, their employees, agents, or representatives in connection with or incidental to the performance of this License. KCC's obligation under this section shall not extend to any liability caused by your sole negligence or that of your employees. 1. Defense ot Claims, Costs and Damages KCC will defend at its expense any action brought against the Customer to the extent that it is based on a claim that the Software, used within the scope of this license, infringes upon a United States patent or cop- yright, KCC will pay any costs and damages finally awarded in such suit or proceeding against the Cus- tomer which are attributable to such claim; provided, prompt notice is given to KCC and KCC is allowed full control of the settlement of any such claim, and Customer provides all reasonable assistance at no cost to FAAC. 2. Infringement Should the Software become, or in KCC's opinion be likely to become, the subject of a claim of infringe- ment of a copyright or patent, KCC may at its option (i) procure for the Customer the right to continue us- ing the Software, (ii) replace or modify the Software to make it non-infringing while providing the same functionality, or (i1i) if the right to continue cannot be reasonably procured or the Software cannot be rea- Page 10 of 12 sonably replaced or modified, then terminate the license to use such Software and refund the purchase price of the software and the hardware whose operation depends on such software. Page 11 of 12 . . 4. Miscellaneous Provisions a) Applicable Law. If you acquired the Software in the United States, this EULA is governed by the laws of the State of California. b) Modifications. This License may only be modified by a written amendment signed by persons duly authorized to enter into contracts on your behalf and KCC. c) Waiver. The failure of either party of this License to take affirmative action with respect to any conduct of the other, which is in violation of the terms of this contract, shall not be construed as a waiver thereof, or of any future breach or subsequent wrongful conduct. d) Withdrawal by Individual Agency. Should one or more agencies contributing to a COPLINI<"' Node information sharing system withdraw, KCC will modify the existing migration and mapping from those agencies to the COPLINI<"' node or data warehouse to exclude future refresh of data from those agencies. Such modification will be covered as part of the annual maintenance so long as the remaining agencies' data remains in the COPLlNK@ node. If an agency wishes to remove data previously migrated to the COPLlNK@ node or data warehouse, KCC will bill that Agency for the COPLINI<'. node for time and materials related to this activity. Customer is not responsible for the costs of data migration of any Agency except the City of Santa Ana, CA. e) Use of Names and Trademarks. You shall have the right to use the trademarks and name of KCC, but shall not have the right to use the names of the inventors of the Software without the written consent of the party whose name is desired to be used. COPLlNK@and other trademarks contained in the Software are trademarks or registered trademarks of KCC. Third party trade- marks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use the COPLlNK@trademark or its licensors' names or any of their respective trademarks. f) Entire Software End-User License Agreement. This License represents the entire agreement between you and KCC relating to this requirement and shall prevail over any and all previous ver- bal and written agreements. No COPLlNK@ reseller, agent or KCC employee is authorized to make any amendment to this License. All questions concerning this EULA shall be directed to; Knowledge Computing Corporation, 7750 E. Broadway Blvd. Suite 100, Tucson, AZ 85710, Attention; Support Services. Page 12 of 12 Signature Authority (For State Organizations) AS THE City Manager (SecretarylDirector I President/ Chancellor) OF THE City of Santa Ana (Name of State Organization) I hereby authorize the following individual(s) to execute for and on behalf of the named state organization, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the Governor's Office of Homeland Security. Paul M. Walters/Chief of Police (Name or Title of Authorized Agent) , OR , OR (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) Signed and approved this 5i1-f day of /) ftY"/'UJEt2 ,20QZL , MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT Motion: Approve settlement: Claimant: Adrian Alonso Mendoza, $9000.00 19.B. EXCUSED ABSENCES - None 19.C. DESTRUCTION OF OBSOLETE CITY RECORDS Motion: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. (City Manager's Office and Library) Mayor Pro Tem Alvarez voted no on Item 19.C 19.D. WORKFORCE INVESTMENT ACT PLAN MODIFICATION FOR FISCAL YEAR 2008-2009 Motion: Approve the Santa Ana Workforce Investment Board Annual Plan Modification for Fiscal Year 2008-09 and authorize its submittal to the State of California Workforce Investment Board. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING FY 2008 HOMELAND SECURITY GRANT PROGRAM (STATEWIDE COPLlNK PROCUREMENT PROJECT) Motion: 1. Adopt a resolution. RESOLUTION NO. 2008-076 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager and/or the Chief of Police to execute a grant award agreement with the State of California Office of Homeland Security for the FY 2008 Homeland Security Grant Program 6 DECEMBER 1, 2008 CITY COUNCIL MINUTES , 2. Approve an appropriation adjustment (Required five affirmative votes) APPROPRIATION ADJUSTMENT NO. 09-037 - Recognizing the FY 2008 Urban Area Security Initiative Program funding in the amount of $4,180,000 in revenue account and appropriate the same in the FY 2008 CopLink Procurement Project Grant Program expenditure accounts. 3. Authorize the Chief of Police and the Clerk of the Council to execute an agreement. AGMT NO. 2008-316 - SOFTWARE LICENSING FOR THE COPLlNK APPLICATION - With Knowledge Computing Corporation (KCC) in an amount not to exceed $4,180,000 - Police Department SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES Motion: Award in accordance with Request for Council Action. (Items 22.A. through 22.E.) 22.A. SPEC NO. 08-063 - TOTAL STATION SURVEYING SYSTEM - PUBLIC WORKS AGENCY - Award a contract to Geodimeter Southwest, Inc. in the amount of $38,434 - Finance & Management Services Agency 22.B. SPEC NO. 08-068 - WATER SYSTEM SOFTWARE - PUBLIC WORKS AGENCY - Award a contract to Bentley Systems, Inc. in the amount of $31,000 - Finance & Management Services Agency 22.C. SPEC NO. 07-086 - VEHICLE BODY REPAIR - FINANCE & MANAGEMENT SERVICES AGENCY - Renew the contracts for a one-year period in a total annual aggregate amount not to exceed $150,000 with: Vendor: Location: Dotro Automotive, Inc. Santa Ana Eleganze Auto Body Shop Santa Ana Kelly's Body Shop Inc. Santa Ana 1 Day Paint & Body Centers, Inc. Santa Ana Top Finish Collision Center Inc. Santa Ana Councilmember Bustamante abstained on Item 22.C due to xx Councilmember Sarmiento abstained on Item 22.C due to xx 22.0. SPEC NO. 08-070 - RESCUE EXTRICATION EQUIPMENT - FIRE DEPARTMENT - Award a contract to Fire Service Specification & Supply for Rescue Extrication Equipment in the amount of $72,410 - Finance & Management Services Agency CITY COUNCIL MINUTES 7 DECEMBER 1, 2008