BRIAN WHITLEY dba SYSTEMIC SOLUTIONS - 2008

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INSURANCE NOT REQUIRED N-2008-154 WORK MAY PROCEED CLERK OF COUNCIL DATE: 1 I - ~ 1- C ~5 CONSULTANT AGREEMENT o P~I~~~ ~1~ ~ ~ Pr~Y~HIS AGREEMENT, made and entered into this tN day of November, 2008 by and between Lor , Bao~o,~ Brian Whitley dba Systemic Solutions (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and exisfing under the Constitution and laws of the State of California (hereinafter "City"). RECTI'ALS A. The City desires to retain a consultant having special skill and knowledge in the field of UASI grant provisions to provide emergency management and preparedness services for the Santa Ana Police Department B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consulant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide Homeland Security emergency management and preparedness services to the Santa Ana Police Department (SAPD), as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $80.00. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standazds of performance set forth in the Recitals which may reasonably be expected by City. 3. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, awazd to the City, and to its 1