THINKOPS CONSULTING, INC. - 2011

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iNSURA-I ,? -t A-2009-123-033 WORK MAY P,4` CLERK 77DATE. (,, ,_-Z-1 --? CONSULTANT AGREEMENT Ach THIS AGREEMENT is made and entered into this ?T day of SU VI ?. 2011 by and between ThinkOps Consulting, Inc., a California corporation, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the FY09 Urban Areas Security Initiative ("UASI"), has applied for, received and accepted a grant from the Federal Department of Homeland Security and through the State of California, Emergency Management Agency. Said grant will enhance countywide emergency preparedness to prevent, respond to, and recover from acts of terrorism by providing funding for equipment, planning, training, exercises and technical assistance, hereinafter referred to as "the Grant." B. The City desires to contract with an expert having special skill and knowledge in the field of installing and configuring computer network hardware. C. Consultant represents that it is able and willing and has the necessary skills and experience to provide such services to the City. D. Consultant has submitted a Proposal which identifies the scope, tasks and general time lines for providing the services and the costs thereof. E. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 perform those services as set forth in Exhibit A (ThinkOps Consulting Proposal), attached hereto and incorporated by reference. In the event of a conflict between the terms of the terms of this Agreement and any exhibits or attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $9,500.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing the completion of milestones as set forth in Exhibit A, subject to City