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,,,3URANCE NOT ON FILE <br />WORK MAY _41 PROCEED <br />CLERK OF COUNCIL <br />DATE:/'/,3'05 <br />r -D <br />6,e*i4x4 <br />A-2004-245 <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 15t'�'-day of AfOV&Xke✓' , 2004 by <br />and between Deloitte Consulting LLP (hereinafter "Consultant"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having skill and knowledge in the field of <br />developing interoperability technology plans for dispatch operations. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <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 />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 />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Consultant's Proposal, dated <br />September 15, 2004, attached as Exhibit A to this Agreement, which Exhibit A is hereby <br />incorporated herein by this reference. It is understood and agreed that Consultant's services may <br />include advice and recommendations, but all decisions in connection with the implementation of <br />such advice and recommendations shall be the responsibility of, and made by, City. <br />2. COMPENSATION <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 $260,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice for work performed. Without limiting its rights or remedies, Consultant shall have the <br />right to suspend or terminate entirely its services if payment is not received within forty-five (45) <br />days of receipt of proper invoice. <br />3. TERM <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 />