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HomeMy WebLinkAboutCOPWARE, INC 5 - 2009r ,;1 ~~~UIREC ~; ;~; i~~1a'~ 1 R~CEEC .:CLERK GF GOU~IClL CaTE: ~= -s =G~ ` , Fr~,~C~` ~UYi 1Nc~~a~ ~~ Yl~, ~ti'Gi~~'~'/ Site License Agreement California Peace Officers Legal Sourcebook and California Codes N-2009-038 This agreement is made this 21S` day of April, 2009 by and between CopWare, Inc., a corporation organized and existing under the laws of the State of California with its registered office at 4565 Industrial St., Unit 7B, City of Simi Valley, County of Ventura, State of California, hereafter referred to as CopWare, and City of Santa Ana, 60 Civic Center Plaza, Santa Ana, CA 92702, a charter city and municipal corporation 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, for the Santa Ana Police Department, a department consisting of approximately 400 sworn officers, is desirous of obtaining a Site License which would permit unlimited usage of the CPOLS and Codes software by all 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, 2009 through May 31, 2010. Said site license shall include the following: a. Folio Views (Window 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 of the single user license agreement. d. Further CopWare agrees to provide the software to one designated contact via email or on CD ROM. If CD ROMs are requested, we will provide the Santa Ana Police Department 5 sets of disks for each CPOLS revision during the annual subscription period. e. The Santa Ana Police Department agrees to duplicate all disks and instructions as provided by CopWare to meet their department requirements, including disks 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 fee of $5,150.50. CopWare, Inc. 4565 Industrial Street Unit 7B, Simi Valley, CA 93063 Tel: (805) 578-6800 Fax: (805) 578-6801 www.copware.com 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 as provided with the CopWare CD and agreed thereto upon during installation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: _ _ i / ,' ~~ y - ATRICIA E. HEALY - Clerk of the Council CITY OF SANTA ANA: ~ ~~ ~' - DAVID N. REA City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Laura S~ieedy Assistant City Attorney MEND FOR APPROVAL: CGc.~-•- PAUL M. WALTERS Chief of Police City of Santa Ana Police Department COPWARE, INC. ~ ~ ILL ETTIS~ General Manager