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N-2008-064 <br />Q: io1;c~(:~~ <br />C3ob Brake-"`-Eel~l <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this -~=-- day of ~, 2008 by <br />and between Brilliant Blue, LLC, a California Limited Liability Company (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in <br />the field of custom application development, to develop aweb-based roll-call <br />application. <br />B. Consultant represents that Consultant is able and willing to provide such <br />services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that <br />it is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, inconsideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall develop aweb-based roll-call application, as set forth in Exhibit <br />A to this Agreement. <br />2. WARRANTIES -OWNERSHIP -WORK FOR HIRE <br />Consultant warrants and represents that it has the absolute right to enter into and <br />perform this agreement and will perform its obligations hereunder in accordance with <br />standards and practices prevailing in the industry. Consultant's contribution to the <br />Project, including works to be produced by Consultant hereunder, will not infringe or <br />misappropriate the proprietary or personal rights of any third person or party. <br />3. COMPENSATION <br />A. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, based on the milestones set forth in Exhibit A. The total sum to be expended <br />under this Agreement shall not exceed $25,000.00 during the term of this Agreement. <br />B. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed and milestones delivered during the preceding <br />