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Home My WebLink AboutMOSTWANTEDSOFTWARE, LLC 1Bs AGREEMENT TERMINATION "IOCT 25 M4:3 Please complete this form when the attached agreement is no longer in effect. Mai ` 'a Return form to the Sr. Deputy Clerk of the Coun it (M-30). CaH5HZ5a38 I`fymzz,4wLany questions. -------------------------------------------------------- - aca5-13 ft3 rr Cn^! The agreement with MQ*U )OAItO ,5C4f cZO ct�, No. 5 33 was completed on -11 1 S 1 W o N-2068-014(10 N -2o0g-074-61 0b) and final payment has been made. Department: RDUck� Signature: Date: REG-2c'€°*.. 5 39,.30 S?e*Un City of Santa Ana Revised 8-7-03 Clerk of the Council INSURANCE ON FILL N-2008-074-01 WORK MAY PROCEEL UNTIL INSURANCE ESP` p ,c. � CL—ERK OF COUNC- rtp SECOND AMENDMENT TO is naW�: -7_/ &-M SOFTWARE MAINTENANCE AGREEMENT r-A— THIS FIRST AMENDMENT TO SOFTWARE MAINTENANCE AGREEMENT (this "Agreement") is made and entered into this 1 st day of June 2009, 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: U 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 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: "At any tome Prior to the expiration of the initial one year term o' r any succeeding 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 June 1st, 2009, the annual maintenance fee shall be set at $12,000, plus sales tax." 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: eR'�j L� Aw", , ,PA RICIA E. H LY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Aft ey "'By: �' v RYA HOOOE Deputy pity Attorney REC NDE F R APPROVAL: Paul Walters Chief of Police City of Santa Ana Police Department CITY OF SANTA ANA: DAVID N�.REAIW� City Manager LICENSOR MostWantedSoftware, LLC By: _ Name: Title: MARK GERLACH CEO E SCHEDULE "A" Price and Payment Annual Maintenance Fee for L.E.A.D. Program $ 12 000.00 Sales tax @ 7.875% $ 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 ACORD., CERTIFICATE OF LIABILITY INSURANCE CAD DATE 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 THIS CERTIFICATE DOES NOT 134937 P: (866)467-8730 F: (877)905-0457 ALLTEDRT ECOVERAGEAFFORDEDBYYTHEnPOLLIICIESBELOW PO BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED <4- 4 INSURER A: Hartford Casualty Ins Co INSURER S: MOST WANTED SOFTWARE LLC � / 7 816 N . SANDERS AVE. CLOVIS CA 93619 INSURER C: INSURER D: INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING j 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 LTRTYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POL/CYEXP/RATION DATE MM/DD Y DA TF MM DD Y LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE L`J OCCUR General Liab 51 SBA US 619 9 0 3 / 01 / 0 9 03 / O 1 / 10 EACH OCCURRENCE s2,000,000 FIRE DAMAGE (Any one fire) $3 0 0 , 000 MED EXP (Any one person) $10 000 PERSONAL &ADVINJURY S2 000 000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- X LOC PRODUCTS - COMP/OP AGG s4,000,000 A AUTOMOBILE LIABILITY ANY AUTO 51 SBA US 619 9 03/Ol/09 03/O1/10 Ee acBciden )INED SINGLE LIMIT s2,000,000 ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO APPROVED C AST FORM AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ EXCESS LIABILITY •�1'-x $ OCCUR CLAIMS MADE DEDUCTIBLE Laura SI! Shee Assistant Ci(y Atto V ney EACH OCCURRENCE $ AGGREGATE $ $ S RETENTION $ S WORKERS COMPENSATION AHO EMPLOYERS'CIABILITYWC STATU- OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OTHER E.L. DISEASE - POLICY LIMIT S TECH E & O 51 SBA US6199 103/01/09 03/01/10 each glitch 2,000,000 A agregate 2,000,000 DESCRIPTION OF OPERAT/ONS/LOCAT/ONS/VEH/CLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECLAL PROV/S10NS 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. nv�v�n A ADDITIONAL INSURED; INSURER LETTER. The City of Santa Ana 20 CIVIC CENTER PLZ ISANTA ANA, CA 92701 r+vuLu ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE KPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL D DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE OLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR =PRESENTATIVES. AULJHu Zb-5 (7/97) ww 0 ACORD CORPORATION 1988 ACORD,M CERTIFICATE OF LIABILITY INSURANCE CAD DATE PRODUCER UOBB Q5-11-2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DIBUDUO &DEFENDIS INS BKRS LLC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R. THIS CERTIFICATE DOES NOT134937 P: (866)467-8730 F: (877)905-0457 ALLTEDRTHECOVERAGEA FORDEDBYYTHEPOLLII, EXTEND OR CIESBELOW PO BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED MOST WANTED SOFTWARE, LLC 7816 N. SANDERS AVE. CLOVIS CA 93619 r`nvcon�rc INSURER A: Hartford Casualty Ins INSURER B: INSURER C: INSURER D: INSURER E: 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 SHnwN Mnv unvc accni ocni i ., lNSR LTR TYPE OF INSURANCE -- POLICY NUMBER POLICY EFFECTIVE DATE MM/DD V POLICYEXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR General L iab 51 SBA US 619 9 0 3/ 01 / 0 9 03 O 1/ 10 EACH OCCURRENCE S2 0 0 0, 000 FIRE DAMAGE (Any one fire) $3 0 0, 000 MED EXP (Any one person) $1 0 , 0 0 0 X PERSONAL & ADV INJURY S2 000, 000 GENERAL AGGREGATE S4 , 000, 000 GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO JECT I X L 0 C PRODUCTS -COMP/OP AGG S4 00 O 000 AUTOMOBILE LIABILITY A ANY AUTO 51 SBA US 619 9 0 3/ 01 / 0 9 0 3/ 01 / 10 COMBINED SINGLE LIMIT (Ea accident) s2,000, 000 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per person) $ X X NON -OWNED AUTOS BODILY INJURY (Per accident). $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY n OCCUR 1 CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY M I TS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OTNER E.L. DISEASE - POLICY LIMIT $ A TECH E & O 51 SBA US6199 03/01/09 03/01/10 each glitch 2,000,000 DESCR/PT/ON OF OPERA TIONS/LOCAT/ONSNEH/GEES/EXCLUSIONS ADDED BY ENDORSEMENT/SPEC/AL PROVISIONS agregate 2,000,000 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. RTIFICATE HOLDER ADD/T/ONAL INSUREA' INSURER LETTER: The City of Santa Ana 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 ACORD 25-S (7/97) 0 CANCELLATION - - ----- ----- SHOULDANY 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. ° ACORD CORPORATION 1988 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 ISSUE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS D OR SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEFN Rm Irm RV IDAM ri AM— INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT/V7TEDD DATE MM D EXPIRATION LIMITS A GENERAL L/ABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE x OCCUR General L i ab 51 SBA US6199 03/O1/0 EACH OCCURRENCE S2 00O 000 FIRE DAMAGE (Any one fire) s300, 000 X MED EXP (Any one person) S 10 , 0 0 0 PERSONAL & ADV INJURY S2 000 000 GENERAL AGGREGATE S4 , 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- —1 POLICY ECT X LOC JEC PRODUCTS - COMP/OP AGG S4 , O 00, 000 AUTOMOBILE LIABILITY A ANY AUTO 51 SBA US 619 9 0 3/ O 1/ 0 9 0 3/ O l/ 10 COMBINED SINGLE LIMIT (Ea (Ea accident) 2 0 0 0 S, 000 I ALL OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR � CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WC STATU- OTH- IQ8YLIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER A TECH E & O 51 SBA US6199 03/01/09 03ZOlZlO each glitch 2,000,000 agregate 2,000,000 DESCRIPTION OF OPERATIONS/COCA T/ONS/VEHICLES/EXCLUS/ONS ADDED BY ENDORSEMENT/SPEC/AL 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. i The City of Santa Ana 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 ACORD 25-S (7/97) I;ANUt:LLATION OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'IRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) 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. ° ACORD CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCE �� DATE uoBB 05-11-20 PAOOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DIBUDUO &DEFENDIS INS BKRS LLC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOESOR 134937 P: (866)467-8730 F: (877)905-0457 ALTER T EHIS COVERAGEA FORDED BYO THE POLLIICEIESBELOW. PO BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE tlySUREO INSURER A: Hartford Casualtv Tn.S` Cn MOST WANTED SOFTWARE, LLC INSURERC: 7 816 N . SANDERS AVE. INSURER D: CLOV I S CA 93619 INSURER E: COVERAGES THE POLICES OF INSURANCE USTED BELOW HAVE BEEN ISUEDTOTHE!N$URDNAMEAWSDNGB.OITTAN 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. MISR L TYPEOFMLSLS4AN'Cf POLICV NUMBER PAUCY�ifECT7VE t-01M EXPD4ADm LAMVTS GENFAAI LWSR?Y EACH OCCURRENCE S2 0 0 0, 0 0 0 A COMMERCIAL GENERAL LIABILITY 51 SBA US6199 03/01/09 03/01/10 FIRE DAMAGE (Any one fire) $ 3 0 0 , 00..0�� CLAIMS MADE , +� I OCCUR MED EXP IAny one Personl 91 0 O 0 0 X General Liab PERSONAL& ADV INJURY .2 000 000 ` . GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- T X LOC GENERAL AGGREGATE s4,000,000 PRODUCTS - COMPIOP AGG s4,000,000 A AUTOMOSILE 11AS11lTY ANY AUTO ALL OWNED AUTOS ULED AUTOS AUTOS WNED AUTOS 51 SBA US6199 03/01/09 03/01/10 IEaaacBclidenlSINGLELIMIT 52,000,000 BODILY INJURY (Per pemn) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE IPer accident) S SAJTY TO tAEIxCCESSAITV ,� CLAIMS MADE DEDUCTIBLE ' RETENTION S APPRO �. �EACH =�,�„�,, I, Ass ED AS -� ura Stitt She, taut City Att FOR i` rney AUTD ONLY - EA ACCfDEN7 S EA ACC AUTO ONLYN OCCURAENCE S AGGREGATE S ° S WORKERS C06TPENSATI0NAND EMPLOYER$' LIABILITY OTWR WC STATU• OTH- ' E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S A TECH E & O 51 SBA US6199 03/01/09 03/01/10 each glitch 2,000,000 agregate 2,000,000 LIESCWTION OF OPERATIDNS40CATTONS/VEMCLESMXCLU=N$ IWDM SV &MORSEMENT/SPEc1AL PROVISIONS Those usual to the Insured's Operant' . It's Officers, Agents, Volunteers and Employees, are Primaryh_Contr'i�y and is Additional Insured per the Business Liability Covl&Form SgiO,b attached to the policy. HOLD The City of Santa Ana 20 CIVIC CENTER PLZ SANTA ANA, CA 92701 4NC ELLATI O N DULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'IRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE 110 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE -DER 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. AUTHOR EPRESENTATIVE 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