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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this day of , 2012 by <br />and between "the Parties," Tiburon, Inc., a Virginia corporation with its principle place of <br />business at 6200 Stoneridge Mall Road, Suite 400, Pleasanton, California, 94588 (hereinafter <br />"Tiburon" and/or "Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City and/or the Client")." <br />RECITALS <br />A. The City and Positron Public Safety Systems, Corp. (hereinafter "Positron"), entered <br />into Agreement A-2004-229, dated September 21, 2005, by which Positron was to <br />provide the Santa Ana Police Department with a Computer Aided Dispatch (CAD) <br />system, Power CAD and related components. <br />B. The City and Positron agreed upon Change Order #2 dated January 17, 2008 to the <br />original agreement, A-2004-229, wherein Positron was to replace the originally <br />agreed upon Computer Aided Dispatch (CAD) system, Power CAD, with another like <br />system, IQ/CAD and its related components. <br />C. Thereafter, Tiburon purchased the Computer Aided Dispatch division of Positron, <br />which is now a fully integrated business unit of Tiburon. <br />D. Thereafter, the Parties agreed that Tiburon would provide ongoing maintenance and <br />support services relating to the above-referenced CAD system, as was required by <br />City in order to ensure ongoing maintenance of said system. However, due to an <br />oversight, this agreement was not executed in writing. Per agreement of the Parties, <br />this Agreement is now made to include all services previously provided by Tiburon to <br />City in relation to said system. <br />E. The City has determined that it requires continued maintenance support services <br />relating to the Police Department CAD system, and desires to retain a consultant <br />having special skill and knowledge in this field. <br />F. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />G. 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 />25C-3