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NSURANCE NOT ON FILE A-2008-075-40 <br />1 PROCEED <br />WORK MAY N4I <br />CLERK OF COUNCIL <br />naTE: JUL 3 0 ZOfO?/ CONSULTANT AGREEMENT <br />?• THIS AGREEMENT, made and entered into this _ day of71Nl 2010, by and between <br />C1oudBurst Mobile, Inc., a Washington corporation (hereinafter "Consu t' ), and the City of <br />V Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. City, acting through the Santa Ana Police Department in its capacity as a Core City for <br />the Anaheim / Santa Ana Urban Area under the FY08 Urban Areas Security Initiative <br />("UASI") funding program, has applied for, received and accepted a grant from the <br />United States Department of Homeland Security, and has entered into an agreement <br />with the City of Anaheim as the lead agency regarding the purchase of equipment under <br />said grant (Santa Ana Contract No. A-2009-021), which provides funds to local <br />emergency first responders to enhance security and preparedness to prevent, respond to, <br />and recover from acts of terrorism by providing funding for equipment, planning, <br />training, exercises and technical assistance, hereinafter referred to as "the Grant". <br />B. The City desires to contract with an expert in the field of software system packages, <br />including software and web server access licenses, for asset management, in <br />compliance with UASI audit requirements. <br />C. Consultant represents that they have the necessary hardware, skills and experience to <br />provide the requisite asset management software system. <br />D. Consultant has submitted a Proposal which identifies the scope, software, hardware, <br />and cost estimate for providing the asset management software system. <br />E. 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 />The parties also confirm that Consultant is entering into a separate agreement with the <br />City of Anaheim under the same UASI grant program for additional materials that will <br />be complimentary to the materials being provided as part of the instant agreement and <br />will all be part of the contemplated asset management software system. In fact, the <br />maintenance provided for in the City of Anaheim's proposal will cover all of the <br />materials purchased by both the City of Anaheim and the City of Santa Ana since both <br />cities will be sharing one system. In addition, the City of Anaheim will be providing <br />the necessary barcode labels and training for both cities. <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 />Pagel of 8