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<br />N- (MJo'f -I"f f <br /> <br />c,:¡;þ <br />L£.Ib";~ <br /> <br />IiJSURANCE NOT P',QI'!RED <br />WORK fvl,;Y PROCEED <br />CLERK OF COUNCIL <br />DATE:' ¡ /13/D5 CONSULTANT AGREEMENT <br />-¡II. <br />THIS AGREEMENT made and entered into this ¿;{C( day of ~ ,2004 by <br />and between Dictaphone Corporation, a Delaware corporation (hereinafter "Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of Cali fomi a (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />repair and maintenance of dispatch recording systems. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City with respect to the repair and maintenance of the equipment and/or software <br />included in the dispatch recording system located at the Santa Ana Fire Department at <br />120 W. Walnut, Santa Ana, California 92701 as more fully described in Exhibit A <br />hereto (the "Santa Ana Fire Dispatch System"). <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any repair and maintenance services performed by <br />Consultant under this Agreement will be performed in compliance with applicable <br />industry standards. <br /> <br />NOW THEREFORE, in consideration of the 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 maintain and repair the Santa Ana Fire Dispatch System, as set forth in <br />Exhibit A hereto in accordance with the terms of this Agreement and the terms provided in <br />Exhibit A-I (A) Maintenance Plan, 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 $4,500.00 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 for the repair and maintenance of the Santa Ana Fire Dispatch System. <br /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on August <br />31,2005, unless terminated earlier in accordance with Section 12, below. The City may elect to <br />extend this Agreement for two additional one-year terms, on the same terms, conditions and at <br />