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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this I" day September, 2014 by and between Cl <br />Technologies, Inc., a Florida corporation, (hereinafter "Consultant'), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City" ). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of software <br />maintenance and support for the IA Pro and Blue Team software programs. <br />B. Consultant represents that it is able and willing to provide such services to the City. <br />C. 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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform software maintenance and support services as needed by City of the IA Pro <br />and Blue Team software programs purchased by City from Consultant in 2013. The scope of the <br />maintenance and support services is outlined in the attached Exhibit "A," <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services an annual <br />sum of $4,500.00. The Agreement will also include a contingency of $5,000 for unanticipated <br />expenditures. The total sum to be expended under this Agreement shall not exceed $1$,540.00 during the <br />term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on August 31, <br />2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may <br />be extended upon a writing executed by the City Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />25L -3 <br />