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<br />N-2004-125 <br /> <br />INSURANCE NOI ON FILE <br />WORK MAY NOT PROCEED <br /> <br />CLERK OF COUNCIL CONSULTANT AGREEMENT <br />DATE: D~/2 -DC; <br /> <br />THIS AGREEMENT made and entered into this /6 f day of ð~-m bur , 2004 by <br />è~ f>W.~ and between CyberNet Consulting Inc., a California corporation (hereinafter "Consultant"), and <br />Ú,J.-5cJxC) the Ci~y ~f Santa Ana, a charter city and ~un~cipal c~rporation.or~anized and existing under the <br />. ConstItutlOn and laws of the State of CahfornIa (heremafter "CIty). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />security management/system intrusion detection, to develop functional specifications for <br />a Security Management System for the City's West Reservoir. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $10,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2005, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Public Works <br />and the City Attorney. <br />