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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 1" day of December, 2014 by and <br />between Tiburon, Inc„ a Virginia corporation with its principle place of business at 30000 <br />Executive Parkway, Suite 500, San Ramon, California, 94583 (hereinafter "Tiburon" and/or <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City and/or the <br />Client "), hereinafter collectively referenced as "the Parties." <br />RECITALS <br />A. In 2005, City purchased a computer aided dispatch (CAD) system from Tiburon <br />which requires ongoing maintenance and support. <br />B. The City requires to retain a consultant having special skill and knowledge in the field <br />of providing the City with ongoing maintenance and support services relating to the <br />Police Department CAD system. <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 <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 />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 />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit "A" to this Agreement <br />( "Maintenance Renewal for Santa Ana, CA, ") attached hereto and incorporated by reference. <br />2. COMPENSATION <br />City agrees to pay, and Consultant agrees to accept as total payment for all services <br />provided by Consultant to City, the rates and charges identified in Exhibit "A" ( "Maintenance <br />Renewals ") to this Agreement, which is attached hereto and incorporated by reference. The total <br />sum to be expended under this Agreement shall also include a contingency of $5000.00 for <br />unanticipated costs. The total agreement shall not exceed $ 47,056.00 during the term of this <br />Agreement. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />November 30, 2015, unless terminated earlier in accordance with Section 12, below. <br />25P -3 <br />